Date: 22-07-2019
Business: None present.
Adv. Rutuja Mahadik for plaintiff present.
Adv.Vikas Mishra for defendant present.
Plaint.
Vakalatnama.
List of documents.
Memorandum of Registered address.
Advocate for defendant appeared and filed pursis on record and submitted that he filed vakalatnama on behalf of defendant on next date - Pursis recorded.
Matter adjd to 23.08.2019 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Reason For Adjournment: court time is over
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Rutuja Mahadik for plaintiff present.
Adv. Vikas Mishra for defendant present.
Adv. for defendant filed vakalatnama.
Matter adjd to 26.11.2019 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.Shirke for defendant present.
As court is busy in dictation in Sessions matter.
Matter adjd to 24.01.2020 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Plaintiff present.
Defendant absent.
Adv.Rutuja Mahadik for plaintiff present.
Adv.for defendant absent.
As per record defendant received writ of summons on 11.07.2019 as acknowledgement of writ of summons was place by plaintiff @ affidavit of service. Thereafter, defendant appeared in the court on 22.07.2019 filed pursis vide Exh. No.5 on record and also tender declaration on record. Advocate for defendant filed vakalatnama on behalf of defendant on next date. Thereafter, suit is posted on 03.10.2019 and 26.11.2019, however defendant failed to tender vakalatnama on behalf of defendant and also failed to file written statement on record. As per the provision of commercial act it was mandatory on the part of defendant to filed written statement within 120 days. However, 173 days is over and defendant failed to tender written statement. Under such circumstance I proceeded to pass following order.
ORDER
1)Suit is proceeded without written statement against defendant.
Matter adjd to 27.01.2020 for recording ex-parte evidence on behalf of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Plaintiff present.
Adv.Rutuja Mahadik for plaintiff
Witness present.
Adv for plff tendered affidavit in lieu of examination chief alongwith list of document. Seen and verified.
Matter adjd to 28/1/2020 for admission and denial.
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Plaintiff present.
Defendant absent.
Adv.Rutuja Mahadik for plaintiff present.
Adv. for defendant absent.
witness present.
Further examination in chief is over.
Invoice dated 22.02.2016.
Invoice dated 14.03.2016.
Invoice dated 04.02.2016.
Invoice dated 19.01.2016.
Invoice dated 09.01.2016.
Central Sales tax certificate.
Notice on 23.02.2018.
Postal receipt.
Acknowledgment.
No cross order passed.
Advocate for plaintiff filed evidence close pursis.
Matter adjd to 29.01.2020 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender pursis on record.
Heard, Ld counsel for plaintiff Rutuja Mahadik.
FRSR - Following order is passed -
ORDER
1) Suit is decreed with costs.
2) Defendant do pay principal amount of Rs. 6,46,109/- @ 18 percent p.a. after the credit period of 60 days to till filing suit plus further interest 18 percent p.a. on Rs. 6,46,109/- from the date of filing suit to till realization of entire amount within three months.
3) Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 29-01-2020
