Date: 06-08-2018
Business: Adv. A. D. Thakur for Plaintiff present.
None for Defendant.
Plaint.
V.P.
List of documents.
Memorandum of address.
Advocate for plaintiff has filed original writ of summons, TOR.
Matter is adjd. to 30/10/2018 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Adv. Thakur for Plaintiff present.
None for Defendant.
Matter is adjd. to 04/02/2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: Adv. Mr. Thakur for Plaintiff
None for Defendant
Plaint.
V/k.
Address memo.
List of documents.
Adv for plaintiff has filed service affidavit. Tor.
Matter is adjd. to 11/03/2019 for exparte evidence/ order.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 29/04/2019 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Due to Election Holiday declared on 29.04.19
Therefore, Board is discharge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: P.O is on training.
Adjd to 17/10/19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: None present.
Adjd. to 07.01.2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: None present.
The affidavit of service @ copy of track report shows that the postal parcel containing the summons has been delivered to the defendant on 07.07.2018. Thus, summons has been served on the defendant. However, the defendant failed to appear. Hence, suit to proceed Ex-parte against the defendant.
Adjd to 15.02.2020 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plaintiff present. Adv. Patil holding for Adv. Thakur for plaintiff filed
Exh.6 -Evidence Affidavit
Exh.7 -List of documents.
Exh.8 -Evidence close pursis
Adjd for Ex-parte argument to 26-02-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. P.R.Patil for plaintiff
Heard argument on behalf of plaintiff
Adjd for Judgment to 05-03-2020
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: None present.
It appears that the suit has been registered as commercial suit from the category of summary suit. Therefore, the procedure of trial of commercial suit as per the Commercial Courts Act has to be followed.
Hence, issue summons to the defendant for filing of written statement.
Adjd for service to 07-04-2020
Next Purpose: SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 22.10.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 05.11.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 25.11.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 18.12.2020 for services.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant
Matter adjd to 08-02-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken.
Matter adjd to 23.02.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Reverting suit to original Court on 22.03.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Matter adjd to 08.04.2021 for steps/affidavit of service.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 05.05.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 21.06.2021.
Next Purpose: REPORT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd for report on 06.08.2021.
Next Purpose: REPORT
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present for plaintiff.
None present for defendant.
L.O. at 4.00 p.m.
None present.
Service affidavit is not filed.
Matter adjd to 11.11.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.09 pm,
None present.
ORDER BELOW EXH.1
It appears that after transfer of suit the plaintiff remained absent. Hence, Issue notice to the plaintiff on Court\''s motion.
Matter adjd to 09.12.2021 for report of notice.
Next Purpose: REPORT
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.16 p.m.
None present.
KB
LO at 5.30 p.m.
None present.
Matter adjd to 17.01.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 09.02.2022 for Report of Service of Notice on Court\''s Motion.
Next Purpose: REPORT
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 08.03.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.22 pm,
None present.
Read the roznama dated 11.11.2021. The notice on Court motion was directed to be issued to the plaintiff. Accordingly on 12.11.2021, notice was issued the plaintiff to remain present. The office copy of said notice is received to this Court from office of Registrar. It is t.o.r. and marked as Exh.6.
This notice was sent by post. It is not returned back till today. Therefore, it is served on the plaintiff. Inspite of this fact the plaintiff remained absent. Hence, keep the suit for passing order of dismissal.
Matter adjd to 29.03.2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.15 pm,
Adv.P.R.Patil h/f.Adv.Thakur for plaintiff present.
PW-1, Mr.Abhay Ganpat Rawool resumed on S.A.
Oath is affirmed.
Matter adjd to 18.04.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
None present for defendant.
KB for exhibition of documents.
LO at 11.55 pm,
Mr.Abhay Rawool, representative of plaintiff present.
Adv.B.R.Patil h/f.Adv.Thakur for plaintiff present.
Read the roznama dated 08.03.2022. The exhibit number 6 is wrongly stated. It be considered as Exh.9. It is corrected accordingly.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 is visiting card (page Nos.1-2). Read the contents of Para No.3 of affidavit of evidence. It is marked as Exh.10.
2. The document at Sr. No.2 is delivery challans (page No.3-88). Read the contents of Para No.5 of affidavit of evidence. It is marked as Exh.11.
3. The document at Sr. No.3 is bill dated 07.08.2017 (page No.89). Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.12.
4. The document at Sr. No.4 is the letter dated 06.10.2017, receipt and the acknowledgment receipt (page No.90-92). Read the contents of Para No.7 of affidavit of evidence. It is marked as Exh.13.
5. The document at Sr. No.5 is notice dated 09.11.2017 and the acknowledgment of the receipt (page Nos.93 to 97). Read the contents of Para No.9 of affidavit of evidence. It is marked as Exh.14.
Suit is ex-parte, hence, no cross.
Evidence close pursis is already filed vide Exh.8.
Heard final argument of plaintiff.
Matter adjd to 30.04.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm,
Mr.Abhay Rawool, representative of plaintiff present.
LO at 04.30 pm
Judgment dictated and pronounced in open Court.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.11,72,744/- (Rupees Eleven Lakhs Seventy Two Thousand Seven Hundred Forty Four Only) alongwith interest at the rate of 12 percent p.a. from the date of filing of the suit till the date of realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-05-2022