Date: 10-07-2019
Business: Adv. A. A. Mir for plaintiff present.
Adv. Pravin Palhade for defendant present.
Vakalatnama filed on behalf of defendant. O-Seen and filed.
Adjourned for filing written statement to 7.8.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Adv. Gaddamwar for plaintiff present.
Adv. Pravin Palhade for defendant present. He seeks time to file written statement.
The Ld .counsel for the defendant seeks time to file written statement. Time is granted.
Adjourned for filing written statement to 27.8.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Adv. Jafri for plaintiff present.
Adv. Pravin Phalande for defendant present.
The Ld. Advocate for defendant seeks time to file written statement. There is no proof of service of writ of summons. Time is granted to file written statement.
Adjourned for filing written statement to 11.9.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Mir for plaintiff present.
Adv. Palhade for defendant present.
Objection filed by the plaintiff for taking written statement on record.
O-Call say of defendant.
Adjourned for reply and hearing of defendant on Exh. 4 and hearing on Exh. 4 to 18.9.2019.
Next Purpose: REPLY
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv. Gaddamwar for plaintiff present.
Adv. Phalande for defendant present.
Say filed by defendant on Exh. 4
Adjourned for hearing on Exh .4 to 25.9.2019.
Next Purpose: HEARING
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Mir for plaintiff present.
Adv. Phalande for defendant present.
Heard argument of Ld. Counsel for the plaintiff and defendant on Exh. 4.
Order below Exh. 4
By this application, the plaintiff has objected for filing of the written statement by the defendant beyond the period of 30 days. He would submit that the defendant has not given the reasons for delay for filing the written statement. The application is opposed by the defendant by filing reply (Exh. 4-A). Plaintiff has taken the objection without mentioning any provision of law. The application needs to be rejected. The plaintiff has placed reliance upon the judgment of Hon\''ble High court in Commercial Notice of Motion (L) No. 1562/19 in Commercial Suit NO. 241/2019, Mohan Proofing Co. and Anr. Vs. Om Shanti Realtors and Ors. and judgment of Hon\''ble Supreme Court in Civil Appeal no. 1638/2019 (Arising out of Special Leave Petition No. 103/19).
The Ld advocate for the plaintiff submitted that if the written statement is taken on the record, heavy cost be saddled upon the defendant.
No doubt written statement is filed beyond the period of 30 days. The substantial rights of the parties are involved. As the written statement is within the period of 120 days, in the interest of justice, it is just and expedient to pass following order.
ORDER
1. Written Statement is taken on record subject to cost of Rs. 5,000/- to be paid to the plaintiff within 10 days from today.
2. Payment of cost is subject precedent
3. Application (Exh. 4) is disposed of accordingly.
Adjourned for compliance 9.10.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Gaddamwar for plaintiff present.
Adv. Palhade for defendant present.
Cost of Rs. 5000/- received by the advocate for the plaintiff.
Written statement is taken on record and marked as Exh. 5.
Adjourned for examination of the written statement and for production of original documents to 22.10.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Gaddamwar for plaintiff present.
Adv. Palhade for defendant present.
The Ld. counsel for the plaintiff seeks time for production of original documents
Adjourned for examination of the written statement and for production of original documents to 16.11.2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. Gaddamwar for plaintiff present.
Adv. Palhade for defendant present.
Compilation of original documents filed by the plaintiff.
Copy supplied to the defendant.
The Ld. Advocate for the defendant submitted that defendant dose not wish to file any documents.
Adjourned to 23.11.2019 for examination of the written statement.
Next Purpose: HEARING
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Mir for plaintiff present.
Adv. Palhade for defendant present.
The Ld. advocate seeks time to make statement of defendant on admission and denial of the documents filed by the plaintiff.
Adjourned for statement of defendant on admission and denial of the documents filed by the plaintiff to 2.12.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Mr. A.A. Mir for plaintiff present.
Adv. Mr. Palande for defendant present.
Say filed on Exh.6 by defendant.
The matter is adjd for verification of the pleadings to 10.12.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Mr. Mir for plaintiff present.
Adv. Mr. Palande for deft. present.
Ld. counsel for the plaintiff seeks time to file affidavit of admission and denial.
The matter is adjd for admission and denial to 17.12.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Nil for pltff present
Adv. Kalande for deft present.
Exh.7 affidavit in support of the document filed by pltff.
Verification of document completed by parties.
Matter is adjd to 09.01.2020 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Gaddamwar for plaintiff present.
Adv. Palande for deft. present.
Issues framed.
The matter is adjd for case management hearing to 21.01.2020.
Next Purpose: HEARING
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Hajra Shaikh for plaintiff present.
Adv. Palhade for deft. present.
Heard counsels for plaintiff and deft.
The following dates are fixed on case management hearing for the completion of the trial
(1) Plaintiff and defendant to file affidavit of evidence till 11.02.2020.
(2) The recording of the evidence of the witnesses of the parties would be completed from 14.02.2020 to 28.02.2020. ( Time limit for cross examination of each witness two hours. )
(3) Filing of written arguments by the parties 13.03.2020.
(4) Commencement of oral argument from 13.03.2020 to 23.03.2020. ( Time limit for completing the oral argument one hour each to the plaintiff and defendant. )
(5) Date fixed for judgment 13.04.2020.
Parties are directed to adhere to the time fixed by the court after hearing.
The matter is adjd for evidence of the parties to 06.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Mir for plaintiff present.
None for deft.
Affidavit of evidence of PW-1 - Sampat Ananda Patil.
Verification of PW-1 is completed.
Adjourned for filing of affidavit of evidence of any other witness by the plaintiff and that of the deft.
The matter is adjd for evidence to 11.02.2020.
L.O.
Adv. Palhade for deft. present.
Copy of affidavit of evidence is supplied to deft.
The matter is already adjd for evidence to 11.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv. Gaddamwar for plaintiff.
Adv. Palhade for deft. present.
Affidavit of evidence of PW-2 Mohddinsha Husainsha Makandar. T.O.R.
Affidavit of evidence of PW-3 Shekhar Moreshwar Gawle. T.O.R.
Affidavit of evidence of DW-1 Shridhar Reddy.
Verification of PW-2 and PW-3 is completed.
DW-1 is not present.
Copies of evidence affidavits are supplied to other side.
The matter is adjd for verification of DW-1 and cross examination of PW-1 to PW-3 and DW-1 to 18.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Mir for plaintiff present.
Adv. Palhade for deft. present.
ORDER BELOW EXH.6
Heard. Document at Sr. no.1 and 2 are admitted, therefore those are marked as exhibits. Document at Sr. no.3 to 5 are the copy of the invoices. There is sufficient evidence to that effect, therefore, those are marked as exhibits. Document at Sr. No.6 is the extract of ledger account generated from the computer. No certificate u/s.65-B of Evidence Act is appended, hence it cannot be exhibited. Document at Sr. no.7 is electronic record not supported by certificate hence it cannot be exhibited. Document at Sr. no.8 is office copy of demand notice bearing signature of adv. of plaintiff, hence it is exhibited. Document at Sr. no.9 is also electronic record not supported by certificate hence it cannot be exhibited.
Power of attorney dated 01.01.2019.
Agreement dated 24.11.2017.
Invoice bearing No.TIPL/01 dated 29.11.2017.
Invoice bearing No.TIPL/02 dated 11.12.2017.
Invoice bearing No.TIPL/03 dated 06.01.2018.
Demand notice dated 30.10.2018.
The matter is adjd for verification of DW-1 and cross examination of PW-1 to PW-3 and DW-1 to 21.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Mir for plaintiff present.
Adv. Palhade for deft. present.
Further examination in chief of PW-1 is resumed by Adv. Mr. Mir.
Ledger account along with certificate.
Further examination in chief of PW-1 is completed.
Cross examination of PW-1 is resumed and completed by Adv. Mr. Palhade.
Cross examination of PW-2 and PW-3 is resumed and completed by Adv. Mr. Palhade.
The matter is adjd for verification and cross examination of DW-1 to 24.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Mir for plaintiff present.
Adv. Palhade for deft. present.
Verification of DW-1 is completed.
Cross examination of DW-1 is resumed and completed by Adv. Mr. Mir for plaintiff.
Ld. counsel for deft. submitted that deft. does not want to examine any other witness.
The matter is adjd for filing written arguments to 09.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Gaddamwar for plaintiff present.
Adv. Palhade for deft. present.
Written notes of arguments filed by Ld. Counsel for plaintiff.
O. - Read and recorded.
Written notes of arguments filed by Ld. Counsel for deft.
O. - Read and recorded.
The matter is adjd for arguments to 16.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present and requested short adjournment for arguments. Request is allowed.
Advocate Pravin Palhade for defendant is present and filed additional notes of written arguments at Exh. 22.
Adjourned for arguments of plaintiff to 31.03.2020.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for arguments to 22/10/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: As Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: None present for plaintiff.
Advocate Pravin Palhade for defendant present.
Adjourned for final arguments on 26.11.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present for plaintiff.
Advocate Pravin Palhade for defendant is present.
Adjourned for final arguments to 04.01.2021.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. A. A. Mir along with Adv. Shriram Gaddmwar for plaintiff present.
Advocate Palhade for defendant is present.
Court time over.
Matter is adjd.to 06-01-2021 for Arguments
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None for plaintiff.
Advocate Paravin Pallade for defendant is present.
LO
Adv. A. A. Mir @ Adv. Shriram Gaddmwar for plaintiff present.
Heard argument of both sides.
Matter is adjd.to16-01-2021 for Judgment .
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Mir along with Adv. Shriram Gadam for plaintiff present.
None for defendant
Exh. 23 - Judgment.
F.R.S.R the following order is passed -
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs. 8,65,192/- (Rupees Eight Lakhs Sixty-Five Thousand One Hundred Ninety-Two Only) with interest @ 9 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 27-01-2021