Date: 17-02-2021
Business: Adv.Hasmita D.Kapadia for plaintiff present.
None present for defendant.
KB
LO
Adv.Hasmita D.Kapadia for plaintiff present.
Affidavit of service, Exh2. filed by Adv.of plaintiff t.o.r.
Application for deleting name of defendant No.4, Exh.3 filed by Adv. of plaintiff t.o.r. O-Put up for order.
Original writ of summons filed by Adv. of plaintiff t.o.r.
Matter adjd to 18.02.2021 for order on Exh.3.
Next Purpose: ORDER
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Hasmita Kapadia for plaintiff present.
None present for defendant.
The plaintiff has filed affidavit of service of summons, Exh.2 t.o.r.
O-It shows that defendant nos.1, 2, 3 and 5 had refused to accept summons. They are deemed to be served. Put up for orders against the defendant nos.1, 2, 3 and 5.
Application to delete name of defendant No.4, Exh.3 filed by Adv. of plaintiff t.o.r.
It is the contention of the plaintiff that defendant No.4 is reported to be dead. The plaintiff therefore seeks to delete the name of defendant No.4.
ORDER
1. Application Exh.3 allowed.
2. Plaintiff is permitted to delete the name of defendant No.4.
Matter adjd to 01.03.2021 for order against deft.1, 2, 3 and 5.
Next Purpose: ORDER
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Hasmita Kapadia for plaintiff present.
None present for defendant.
Defendant nos.1 to 3 and 5 are served. They have not appeared in the suit. Suit to proceed ex-parte against them.
Matter adjd to 19.03.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv.Hasmita D. Kapadia for plaintiff present.
None present for the deft.
Ld adv. for the plaintiff seeks time to file evidence.
Matter adjd to 07.04.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv.Hasmita D.Kapadia for plaintiff present.
None present for defendant.
Affidavit in lieu of examination in chief of plaintiff filed by Adv. for plaintiff t.o.r. marked as Exh.04
Evidence of PW No.1-Kapuraram M.Rajpurohit is recorded.
List of documents filed by Adv. for plaintiff t.o.r. marked as Exh.5
O-The documents Sr.No.1 to 14 are exhibited formally. It is evidentiary value will be considered at the time of final argument.
Copy of Purchase order dated 05.10.2017
Copy of defendants e-mail dated 05.10.2017
Certificate under Section 65B of Indian Evidence Act.Accexture-2
Copy of Tax Invoice No. 051/17-18 dated 09/10/2017 for Rs.2,18,889/-. Annexure 5.
L.R. No.3829315. Annexure.6.
Delivery challan No. 051/17-18 dated 09/10/2017. Annexure 5.
Copy of Ledger statement of Plaintiff. Annexure 6.
Copy of Ledger statement of Plaintiff. Annexure 6a.
Original Cheque dated 30/11/2017 for Rs.2,18,889/- Annexure-7.
Original Cheque dated 03/01/2018 for Rs.25000/- Annexure-8
Original Dishonor memo dated 25/02/2018. Annexure-9
Original Dishonor memo dated 15/02/2019. Annexure-10.
Record copy of Plaintiff\''s notice through its advocate dated 13/3/2018 addressed to the Defendants along with acknowledgement. Annexure-11.
Record copy of plaintiffs final notice through its advocate dated 18/9/2019 along with acknowledgement.
Evidence closer pursis filed by Adv. for plaintiff t.o.r O-Filed
Matter adjd to 17.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 22.04.2021
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Adv. H.D.Kapadia for plaintiff present.
None present for defendant.
K.B.
L.O.
None present for defendant.
Heard Argument of Adv. H.D. Kapadia for plaintiff.
Adjd to 26.04.21 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated in open Court.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff a sum of Rs.3,23,955/-(Rupees Three Lakhs Twenty Three Thousand Nine Hundred and Fifty Five Only). The defendants are further directed to pay to the plaintiff the interest at the rate 24% per annum on amount of Rs.2,18,889/-(Rupees Two Lakhs Eighteen Thousand Eight Hundred and Eighty Nine Only) from the date of filing of the suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-04-2021