Date: 07-09-2019
Business: the court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. Murti for plaintiff present.
Issue writ of summons to defendants.
Matter stands Adj for writ of summons to 09.10.19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. K.V. Aiyar for plaintiff present and filed application for extension of service of writ of summons.
Application filed by plaintiff.
O- Two weeks extension is granted.
Matter stands Adj for Writ of summons to 22.10.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Bhope for plaintiff present and filed application for seeking leave to file fresh writ of summons.
Application filed on behalf of plaintiff for seeking leave to file fresh writ of summons. O-allowed.
Issue fresh writ of summons.
Matter stands Adj for service of writ of summons to 06.11.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Ganesh Murti for plaintiff present and filed application.
Application filed for extension of time to serve defendant. O- Time extended.
Matter stands Adj for return of writ of summons to 09.12.19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv. Ganeshmurti for plaintiff present and seeks time to file affidavit of service.
Court is busy in dictating ad-interim order in suit 2956/2019.
Matter stands Adj for filing affidavit of service to 19.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Ganesh Murti for plaintiff present and seeks time to file affidavit of service on the ground that summons has been served by post but, acknowledgement has not been issued. Time granted for filing affidavit of service.
None present for defendant.
Matter stands Adj for filing affidavit of service to 10.01.2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present for plaintiff and defendant.
Keep Back
Later on at 12.35 pm.
None present for plaintiff and defendant.
Affidavit of service not filed.
Matter stands Adj for filing affidavit of service to 27.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Called out at 11.25 am
None present for plaintiff and defendant.
Keep back
Later on at 4.05 pm
None present for plaintiff and defendant.
Matter stands Adj for affidavit of service to 06.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Called out at 11.30 am.
Adv. Ganeshmurti h/f Adv. K. V. Iyer for plaintiff present
None present for defendant present.
Heard Ld. counsel for plaintiff. He submitted that defendant no. 1 has been served by speed post, but track report is not available. Defendant no. 2 and 3 are to be served and he sought adjournment for taking steps. Short adjournment granted for two weeks.
Matter stands Adj for taking steps to 28.02.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Ganeshmurti for plaintiff present and filed application for adjournment.
Application for adjournment. O-Two weeks time granted to serve writ of summons on defendant no. 2 and 3.
None present for defendant.
Matter stands Adj for service of writ of summons on defendant to 13.03.2020.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Representative for plaintiff present.
Adv.Ganesh Murty for plaintiff present.
Adv.for defendant absent.
Matter adjd to 14.03.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv.Jamkhande for plaintiff present.
Adv.for defendant absent.
As per the affidavit of service defendant no. 1 duly received writ of summons on 13.12.2019 and defendant no. 2 and 3 \"not claimed\" envelope containing writ of summons, failed to challanged address over it, proper service. However defendants remained absent. Hence, suit is proceeded ex-parte against defendant.
Matter adjd to 21.03.2020 for ex-parte evidence on the side of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 04.04.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: None present.
As per Office Order No.94 of 2020 dated 18/06/2020 board dated 29/07/2020 is adjd to 11/8/2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 15/10/2020 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2020
Date: 29-10-2020
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 06/11/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 exparte evidence.
Next Purpose: EX-PARTE 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 02.12.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 09/12/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 06.01.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 21.01.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Both parties and their advocate absent.
Matter adjd to 03-02-2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Jamkhandi for plaintiff present.
Adv.for defendant absent.
At the request of advocate for plff. matter adjourned.
Matter adjd to 22/02/2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv.Ganesh Murthi for plaintiff present.
None present for defendant.
Witness present.
Affidavit of examination-in-chief, Exh.7 filed by Adv. of plaintiff t.o.r. O-filed.
List of documents, Exh.8 filed by Adv. of plaintiff t.o.r.
O-put up for argument and order.
KB
LO
Adv.Ganesh Murthi for plaintiff present.
Statement of truth, Exh.9 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1-Sandip Vasant Patil.
ORDER BELOW EXH.8
Heard. Documents at Sr. No.1 to 12 are exhibited formally. Its evidentiary value will be considered at the time of final argument of suit.
Board resolution dated 30.05.2018, Exh.10
Revised offer dated 19.09.2016, Exh.11
Revised purchase order dated 20.09.2016, Exh.12 colly.
Sales order dated 22.09.2016, Exh.13
Lorry receipt dated 22.09.2016, Exh.14
Invoice dated 22.09.2016, Exh.15
Delivery challan dated 22.09.2016, Exh.16
Copy of emails, Exh.17 colly.
Section 65(B) certificate, Exh.18
Debit note alongwith intimation of interest dated 30.10.2018, Exh.19 colly.
Copy of the legal demand notice sent by advocate of plaintiff to defendant dated 12.04.2018, Exh.20 colly.
Postal packet returned, Exh.21.
Matter adjd to 02.03.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Ganesh Murthy for plaintiff present.
None present for defendant.
Evidence closure pursis, Exh.22 filed by Adv.of plaintiff t.o.r.
KB
LO
Adv.Ganesh Murthy for plaintiff present.
Heard Adv. of plaintiff.
Matter adjd to 04.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv.Ganesh Murthy for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the 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.6,76,261/- (Rupees Six Lakhs Seventy Six Thousand Two Hundred Sixty One Only) with further interest at the rate of 36 percent per annum on the principal amount of Rs.2,98,962/- (Ruppes Two Lakhs Ninety Eight Thousand Nine Hundred Sixty Two Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 04-03-2021