Date: 02-02-2021
Business: NOB TOB BY PRECIPEE
Adv. Hasmita Kapadia for the plff. Present.
Adv. For the plff. Filed application for taken on board.
Order - Allowed.
Adv. For the plff. Tendered draft Ch/s @ affidavit in support. t.o.r. Order - leave granted to register.
Matter is already adjd to 02.03.2021 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Kapadiya for the plff. Present.
Adv. For the plff. tendered registered Ch/s 320/2021 @ affidavit in support. t.o.r.
For reason separately recorded following order is passed.
ORDER
1. The Chamber Summons No.320/2021 is allowed.
2. Plaintiff to carry necessary amendment within 14 days from today.
3. Chamber Summons No. 320/2021 is disposed off.
Matter is adjd to 18.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Mrs. H. D. Kapadia for the plff present.
Adv. For the plff filed issue fresh writ of summons. t.o.r.
Order - issue fresh summons as prayed.
Matter is adjd to 20.04.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 18/06/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Due to Covid-19 Pandemic Lockdown.
Both the parties and their advocates are absent.
Matter is adjd to 13.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. H. D Kapadia for the plff present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. for the plff filed affidavit of service @ original writ of summons. t.o.r. marked as Exh-5
Order- seen and filed.
Ex-parte order passed below Exh-1
Order- Defendant Nos. 1 and 2 duely served with suit summons but failed to appear. Hence suit to proceed ex-parte against the defendant Nos. 1 and 2.
Matter is adjd to 03.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Court is Vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Plaintiff present.
Adv. Ms.Hasmita Kapadia for plaintiff is present.
Exh- 6 Adv. For plaintiff has filed affidavit in lieu of examination.
O- T.O.R.
Exh- 7 Adv. For plaintiff has filed list of documents.
O- T.O.R.
Exh-7/1 Copy of purchase order.
Exh-7/2 Copy of defendants email dated 19/09/17, 12/10/17, 24/11/17.
Exh-7/3 Certificate U/S 65B of the Indian Evidence Act.
Exh-7/4 Copy of Tax Invoice dated 24.10.17, 27.11.17.
Exh-7/5 L.R.No. 3828487, 3760244, 3762853.
Exh-7/6 Delivery Challan dated 29.10.17, 24.10.17, 27.10.17.
Exh-7/7 Copy of ledger statement of plaintiff.
Exh-7/8 Original Cheque dated 13.12.17.
Exh-7/9 Original Cheque dated 28.12.17.
Exh-7/10 Original dated 15.02.18.
Exh-7/11 Original dated 15.02.19.
Exh-7/12 Record Copy of plaintiff\''s notice dated 13.03.18.
Exh-7/13 Record Copy of plaintiff\''s notice dated 18.09.19.
Matter is adjd for arguments to 24.01.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Plaintiff present
Adv Kapadia for plaintiff present.
Heard argument of adv for plaintiff.
Matter is adjd for ex-parte judgment to 05-02-2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Adv Kapadia for plaintiff present.
FRSR following order is passed
ORDER
1.The defendants shall pay Rs.1,40,715/- (Rs. On Lac Forty Thousand Seven Hundred Fifteen only) to the plaintiff, with interest at the rate of 24 per cent per annum on the principal sum of Rs.83,759/- from the date of filing of the suit till its realization.
2.The defendants do pay costs of the suit to the plaintiff.
3.Court fee, if any, be refunded as per the rules.
4.Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-02-2022
