Date: 17-07-2019
Business: Adv. Riddhi Pandit for Plaintiff present.
Issue writ of summons against defendant for settlement of issues and filing written statement as per O-5 Rule-21 of CPC on payment of process fees. Hamdust is allowed.
Adj for service to 16.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Adv. Pratiksha Kosh for Plaintiff present.
Deft and Adv absent.
Draft Ch/s filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Keeping in view nature of chamber summons there is no need to take say of other side.
Therefore, adj for Ch/s hearing to 30.08.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: None present.
Plaintiff has not filed original chamber summons. Plaintiff is directed to file register Chamber summons on record.
Adjd to 27/09/2019 for Ch/s hearing.
LO
Adv. Pratiksha Poshe for plaintiff present and tendered original Chamber Summons No.1546 of 2019.
Already adjourned to 27.09.2019 for hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Parag Shah for Plaintiff present.
Advocate for defendants absent.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1546 of 2019
Chamber summons is taken out by the plaintiff to delete name of authorized signatory of plaintiff company in cause title and to substitute the name of Pradeep Joshi as authorized signatory of plaintiff\''s company. Plaintiff has filed copy of resolution passed in the meeting of Board of Directors of company on 8th August, 2019 in support of this chamber summons.
I have gone through affidavit in support of chamber summons and copy of resolution dated 8th August, 2019. It is apparent from copy of resolution that one Pradeep Joshi, General Manager of the plaintiff company has been authorized to file suit, written statement and to do all needful acts and to appear on behalf of plaintiff company. Writ of summons is not yet served upon defendants and amendment sought is of formal nature. Therefore, I do not find it necessary to issue notice to defendants in relation to chamber summons. Praposed amendment is to delete the name of authorized signatory namely Kirit Marwana and to substitute the same by name of Pradeep Joshi in cause title of the plaint. Amendment is necessary and does not change the nature of suit and supported by copy of resolution of meeting of Board of Directors of company dated 8th August, 2019 therefore, I am inclined to allow proposed amendment. Hence, pass following order
ORDER
1. Chamber Summons No.1546 of 2019 is allowed and made absolute in terms of prayer clause (a)
Plaintiff has to carry out amendment as per schedule annexed to chamber summon within period of 14 days form the date of order.
3. Accordingly, chamber summons is disposed of.
Adjd for compliance to 11.10.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Pratiksha Koshe for Plaintiff present.
None for defendant
Adv. For plaintiff sought extension of time for service of Writ of summons.
O- Time is extended.
Adjd. to 8.11.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Pratiksha Koshe for plaintiff present.
None present for defendant.
Plaintiff is directed to file affidavit of service.
Adjourned to 7.12.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Shraddha Prajapati I/b Adv. Mr. Parag Shah for plaintiff present.
None present for defendant.
Affidavit of service filed by adv. for plaintiff. t.o.r.
As per it summons is duly served upon defendants. But none appeared on behalf of defendant no 1 and defendant no 2 is absent. Therefore, matter is adjourned.
Now, matter is posted for direction to 6.01.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: As Court is on leave, hence board is discharged and matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Parag Shah for plaintiff present.
Affidavit of service is already filed it be marked Exh.2
Despite service of W/S upon defendants through RPAD none appeared on behalf of defendant No. 1 firm and Defendant No. 2 failed to appear.
Therefore, suit is to proceed Exparte against defendant No. 1 and 2.
Adjourned for Ex-parte evidence to 27.01.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Parag Shah for plaintiff present.
KB
LO
Plaintiff present.
Exh.3 Adv. for plaintiff filed affidavit of evidence of PW1 Mr. Pradeep Joshi t.o.r.
Exh.4He also field compilation of document t.o.r.
Adv. for plaintiff sought time to make submission on admissibility of documents.
O- short adjournment is granted.
Adjourned for hearing on documents to 4.02.2020
Next Purpose: HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Plff present.
Adv Shraddha Prajapati for plff present.
LO
Adv Parag Shah for plff present.
he seeks time to file additional affidavit of examination-in-chief and list of documents. Granted.
Matter stands Adj for hearing to 11/02/2020.
Next Purpose: HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Parag Shah @ Shraddha Prajapati for plff present.
Pradip Joshi, representative of plff present.
Exh 3A - He filed additional affidavit of examination-in-chief of PW-1. t.o.r.
Exh 4A - He filed additional compilation of documents along-with bank statements and certificates u/s 65(B) of Evidence Act and section 2(a) of Bankers Book Evidence Act. t.o.r.
Exh 05 - Resolution dated 08/08/2019 issued by plff company in favour of PW-1.
Exh 06 - Invoice dated 17/08/2018.
Exh 07 (colly) - Three cheques issued by deft no. 1 company and signed by deft no. 2.
Exh 08 - Photo copy of Lorry receipt dated 12/09/2018.
Exh 09 - Tax invoice dated 12/09/2018.
Exh 10 - Cheque return memo dated 20/11/2018 in respect of cheque no. 357010 for Rs. 5,00,000/-.
Exh 11 (colly) - Print out of E-mail correspondence between plff and deft.
Exh 12 - Cheque return memo dated 13/12/2018 in respect of cheque nos. 356999, 357010 and 357011.
Exh 13 - Copy of ledger account of deft maintained by plff.
Exh 14 - Print out of E-mail correspondence dated 21/12/2018 and 24/12/2018 between plff and deft.
Exh 15 - Office copy of notice dated 04/01/2019.
Exh 16 - Postal receipt.
Exh 17 - Track consignment report.
Exh 18 (colly) - Bank Statement of plff.
Exh 19 (colly) - Receipt signed by deft no. 2 on behalf of deft no. 1 regarding two PDC cheques.
Exh 20 - Adv for plff filed application for issuance of summons to Bank Manager, Bank of Baroda, Ghatkopar (E) Branch to prove certificate and bank statement. t.o.r.
O- Issue summons as prayed.
At the request of Adv for plff, matter stands Adj for further evidence of plff to 25/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv Parag Shah for plff present.
Exh 21 - He filed affidavit of examination-in-chief of PW-02 Umesh Mansukhlal Shah.
Exh 22 - Adv for plff filed affidavit of examination-in-chief of PW-03 Madhavi Kate.
Adv for plff seeks time for recording evidence. Granted.
Matter stands Adj for recording evidence to 04/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv Parag Shah for plff present.
He seeks time for recording evidence of PW-2 and PW-3. Granted.
Matter stands Adj for recording evidence to 27/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2020
Date: 05-10-2020
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.136 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 28/10/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
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 5/11/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
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 12.11.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 10.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 21.12.2020 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 16.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Pratiksha Koshe i/b. Adv.Parag Shah for plaintiff present.
None present for defendant.
Matter adjd to 11.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Pratiksha Koshe i/b. Adv.Parag Shah for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Heard Ld. Advocate for the plaintiff. She submits that the authorised signatory Mr.Pradip Joshi has resigned from the company on 30.09.2020. She submits that his evidence is already tendered in the Court. She submits that by chamber summons she seeks the incorporate name of Umesh Shah as authorised signatory of plaintiff. The change in authorised signatory for the plaintiff would not change the nature of the suit.
ORDER ON DRAFT CHAMBER SUMMONS
1. Draft chamber summons is allowed.
2. The plaintiff is directed to carry out the necessary amendment.
3. Draft chamber summons be registered for statistical purpose.
Matter adjd to 04.03.2021 for compliance.
LO
Registered chamber summons No.296/2021 received from board department and the same is disposed of as per above order.
Matter adjd to 04.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None for defendant present.
Adv. Mr. Parag Shah a/w Advocate Ms. Pratiksha Koshre a/w Advocate Ms. Shraddha Prajapati for plaintiff present.
Ld. advocate seeks time to file evidence. O- Time granted.
Application Exh. 23 on behalf of plaintiff file to carry out amendment.
Order below Exh.23 - Allowed.
Matter adjd to 12/03/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv.Parag Shah for plaintiff present.
None present for defendant.
Adv. of plaintiff filed examination-in-chief of plaintiff by way of affidavit of evidence, Exh.26 t.o.r.
New compilation of original documents, Exh.27 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1- Mr.Umesh Shah resumed on S.A.
Original copy of board resolution, Exh.28.
Certified copy of the complaint bearing No.7200355/SS/19 by the plaintiff company against the defendant, Exh.29.
Evidence closure pursis, Exh.30 filed by Adv. of plaintiff t.o.r.
Matter adjd to 23.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Parag Shah a/w. Adv.Shraddha Prajapati a/w. Adv.Pratiksha Koshe for plaintiff present.
None present for defendant.
Heard Adv.Parag Shah for plaintiff.
Matter adjd to 30.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Shraddha Prajapati i/b.Adv.Parag Shah for plaintiff present.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is partly decreed with costs.
2. The defendants are directed to pay to the plaintiff sum of Rs.11,32,800/- (Rupees Eleven Thousand Thirty Two Thousand and Eight Hundred only) with interest at the rate of 12 percent per annum from the date of transaction i.e. 17.08.2018 till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 30-03-2021