Date: 21-12-2018
Business: None for Plaintiff.
Representative of defendant no.1 present.
He has filed vakalatnama of their advocate, TOR
Matter is adjd. to 08/03/2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. J. K. Jadhav for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed service affidavit, TOR.
He has also filed application for substitute service, TOR.
Order Advocate for plaintiff is directed to file the affidavit supporting to the application.
Matter is adjd. to 02/05/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Adv for plaintiff Mr.Jadhav present
Adv for plaintiff filed affidavit
O-time Extended of issuance of summons by way of paper publication regarding deft no.2
Matter is Adjd for Affidavit of Service to 23/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p.
Exh.3- List of document
Exh.4- Memorandum of address.
Exh. 5- Affidavit of service filed by plaintiff. t.o.r.
Deft no. 2 is served through paper publication. Deft. no. 2 absent. Suit to proceed exparte against deft. no. 2.
Adjd. for filing SJ to 08.11.2019.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Court is vacant.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: None present.
Adjd for Filing affidavit of documents to 27-04-2020
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None present
Adjd to 24-02-2021
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None present.
Adjd to 15-07-2021
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Adv. K. K. Jadhav for plaintiff present.
None for defendant
Matter is adjd.to 27-09-2021 for filing affidavit of documents
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. J. K. Jadhav for plaintiff present
On perusal of record, it appears that defendant no. 1 is served with writ of summons as per acknowledgment filed with affidavit of service dtd. 08-09-2019. Similar defendant no. 2 is duly served with writ of summons by way of paper publication as per evidence affidavit Exh. 5 dtd. 23-08-2019. Ex parte order is already passed against defendant no. 2 on 23-08-2019.
Similarly representative of defendant no. 1 filed vakalatnama on record on 21-12-2018, but he failed to file written statement. Hence, suit to proceed without written statement against defendant no. 1.
Matter is adjd.to 21-10-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Both parties and their advocates are absent when matter called out.
Matter is adjd.to 25-11-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 13-12-2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
Matter is adjd.to 15-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None for plaintiff.
On perusal of record, it appears that ex-parte order and no W.S. order are passed against defendants no.2 and 1 respectively. Four dates have passed for the stage of recording evidence of the plaintiff, but he failed to lead evidence. Hence matter is kept for dismissal order.
Matter is adjd.to 05-03-2022 for dismissal order.
LO
Adv. K. K. Jadhav for plaintiff present.
Next Purpose: DISMISSAL
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. K. K. Jadhav along with constituted attorney of plaintiff present and requested to give one more chance to the plaintiff to take steps. - granted as a last chance.
Matter is adjd.to 29-03-2022 for steps/dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Sheetal Jadhav for plaintiff present and prayed for adjournment for filing evidence- short date be given.
Matter is adjd.to 21-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. J. K. Jadhav for plaintiff along with witness Vipul Harishchandra Belose present and filed evidence affidavit of witness Vipul Harishchandra Belose t.o.r. and marked as Exh.6
He also filed list of documents t.o.r. and marked as Exh. 7
Oath is administered to witness Vipul Harishchandra Belose. He stated on Oath that evidence affidavit Exh.6 bears his signature and contents therein are correct. He also proved documents filed with list Exh.7 and they are Exhibited as under -
Exh. 8 - Original authority letter.
Exh. 9 - True copy of agreement (compared with original and found to be correct. Original is returned immediately. )
Exh. 10 - Invoice dtd. 24-08-2015.
Exh. 11 colly - Two delivery challans dtd. 14-08-2015.
Exh. 12 - Invoice dtd. 29-09-2015.
Exh. 13 colly - Four delivery challans .
Exh. 14 - Invoice dtd. 23-10-2015.
Exh. 15 colly - Two delivery challans .
Exh. 16 -Invoice dtd. 23-10-2015.
Exh. 17 - delivery challans dtd. 08-08-2015.
Exh. 18 - Invoice dtd. 23-10-2015.
Exh. 19 colly - Two delivery challans dtd. 08-08-2015.
Exh. 20 - Invoice dtd. 30-10-2015.
Exh. 21 colly - Two delivery challans .
Exh. 22 - Invoice dtd. 30-10-2015.
Exh. 23 - delivery challans dtd. 15-10-2015.
Exh. 24 - Invoice dtd. 30-10-2015.
Exh. 25 - delivery challans dtd. 08-08-2015.
Exh. 26 - Invoice dtd. 30-10-2015.
Exh. 27 - delivery challans dtd. 10-11-2015.
Exh. 28 - Invoice dtd. 15-02-2016.
Exh. 29 colly - Sixteen delivery challans.
Exh. 30 - Advocate Notice dtd. 10-11-2017 with RPAD slip and track report of postal authority.
Exh. 31 - Particulars of claim.
Exh.32- Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 30-04-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. J. K. Jadhav for plaintiff present.
Heard Ld. Adv. J. K. Jadhav for plaintiff.
Exh.33 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 748/2021 is partly decreed.
2. Defendant no. 1 is directed to pay amount of Rs. 5,76,000/- (Rupees Five Lakhs Seventy Six Thousand Only) to the plaintiff with further interest @ 12.00 percent p.a. from the date of the suit till the date of realization within three months from the date of decree.
3. Defendant no. 1 shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 30-04-2022