Date: 17-09-2018
Business: Adv.S.S. Manjraker for Plaintiff
None for Defendant
Matter is adjd. to 22/01/2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. S. S. Manjarekar for Plaintiff present.
None for Defendant.
Matter is adjd. to 01/03/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 26/04/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv for plaintiff Mr.Manjrekar present
Adv for plaintiff filed affidavit of service stating it is incomplete
Matter is Adjd for Steps to 14/08/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: P.O is on training. Adjd to 21/11/19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Manjarekar for plff present.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh. 5 -Application for issuance of fresh summons on new address of deft.
Read the application. Heard the Ld adv. Who contended that no affidavit is required in support of the application. This court must note that the application is praying for issuance of summon on a different address which is not mentioned in the plaint. The address as referred in the plaint is supported by verification clause and the affidavit but the address as referred in the present application is not supported by verification clause and affidavit. In this background and in order to assure the correctness of the contention of the plaintiff affidavit in support of the present application is required. Hence, plff is directed to file affidavit in support the present application particularly regarding the alternate address of the defendant.
Adjd. for 21.12.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Court is on leave.
Matter adjd to 11/02/2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: None for Defendant
Adv Vaibhav Kamble for Plaintiff present.
He filed Support affidavit to Exh 5 marked as Exh -6.
Heard. Considering all the circumstances the application Exh 5 is allowed. Issue Summons to the Defendants No 2 and 3 on the address as per application Exh-5.
Adj for service to 11-06-2020
Next Purpose: SERVICE
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present
Adjd to 14-06-2021
Next Purpose: SERVICE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Mr. Harish Sakpal for plaintiff present and filed application for issuance of fresh writ/sum. T.O.R. and allowed.
Issue fresh writ/sum to the defendants.
Matter is adjd.to 13.10.2021 for writ/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Rutash Jadhav for plaintiff present.
Matter is adjd.to 16-11-2021 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Rutash Jadhav for plaintiff present
Matter is adjd. to 07-01-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None for plaintiff.
Matter is adjd.to 09-02 -2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 08-03-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 29-03-2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 27-04-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Rutash Jadhav for plaintiff present and filed application for issuance of fresh writ of summons. t.o.r. and marked as Exh.7 - allowed as prayed. Issue fresh writ of summons for service upon defendants no. 1 to 3 on the address mentioned in the application. Time is extended for service of writ of summons.
Matter is adjd.to 07-07-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present when called.
Kb L O
Adv. Rutash Jadhav for plaintiff present.
Exh- 8 Affidavit of service along with original writ of summons and postal packet filed by adv. for plaintiff. O- Seen
The endorsement on postal packet shows that all the defendants refused to accept the writ of summons.
All the defendants are absent.
Hence adjd for passing exparte orders to 11/07/2022
Next Purpose: ORDER
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Defendants absent.
After perusal of affidavit of service it appears that summons was issued to all defendants by RPAD and postal department returned the said packet along with remark RTS refused. Thus it appears that defendants have refused to accept the summons. The refusal to accept the summons is deemed service. All the defendants are absent when called out. Defendants were absent on last date also. Hence suit to proceed exparte against defendant No. 1 to 3.
Adjd for exparte evidence to 21/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Rutash Jadhav for plaintiff present and seeks time to file evidence.
Adjd for exparte evidence to 11/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Plaintiff present.
Adv. Rutash Jadhav for plaintiff present.
Exh-9 Affidavit of evidence of Mayur Surendra Shah filed by plaintiff. O- Read and recorded in evidence.
Exh-10 list of documents.
Exh-11 Power of attorney (verified with original and returned back)
Exh-12 Email dt. 20.04.2017
Exh-13 Email dt. 20.04.2017
Exh-14 Email dt. 25.04.2017
Exh-15 INM -83 dt. 21.04.2017
Exh-16 INM 84 dt. 21.04.2017
Exh-17 INM 100 dt. 25.04.2017
Exh-18 65 B certificate.
Exh-19 Advocate notice dt. 26.10.2017
Exh-20 Ledger statement
Exh-21 Evidence closing pursis. O- R and R
Heard arguments of adv. Rutash Jadhav for plaintiff.
Adjd for exparte judgment to 07/09/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Court is on leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for orders to 23/09/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Rutash Jadhav for plaintiff present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for exparte judgment to 03/10/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Harish Sakpal h/f Adv. Sukesh L. Shah for plaintiff present.
Exh-22 Judgment
Court pronounced judgment in open court
FRSR the following order is passed
ORDER
1. Commercial Suit No.699 of 2021 is decreed with costs.
2. The defendants are directed to pay an amount of Rs.16,79,933/- (Rs. Sixteen lakhs seventy-nine thousand nine hundred thirty three only) to the plaintiff jointly and severally along with interest at the rate of 12 percent per annum from the date of filing of the suit till realization within two months from the date of this order.
3. Defendants shall bear the costs of the suit.
4. Court fee, if any, be refunded as per rule.
5. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-10-2022