TrustJury record updated 12 Sept 2026
Date: 14-09-2018
Business: Adv. Ganesh Badri Present for the Plff.
Ld counsel for the plff sought time for Issue fresh writ of summons against deft. Granted.
Adj. For Service affidavit of Writ of summons on 23/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. Ganesh Badri Present for the Plff.
None Present for the Deft.
Plff inperson Present.
On the oral request of the Ld counsel for the Plff. Adj. Granted.
Adj. For Service affidavit on 14/03/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv. Ganesh A Badri Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed original
Ld counsel for the plff filed service affidavit. t.o.r.
As per service affidavit writ of summons came to served upon deft served by Sheriff office on dt.28/09/2018 through Bailiff upon the deft. When called deft absent. None appeared for the deft. Hence suit proceeded Ex-parte against deft.
Adj. For Ex-parte Evidence on 18/04/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Representative of Plff present.
None Present for the deft. Proceeded Ex-parte.
Representative of Plff filed application for adj. t.o.r.
Order- Heard. Due to reason shown adj granted to lead evidence to plff.
Adj. for Ex-parte Evidence on 05/08/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Plff and Adv.Ganesh Badri for plaintiff present.
Adjd.for Exparte evidence on 23.09.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Ganesh Badri for plaintiff present.
Suit proceeded exparte.
Matter adjd for exparte R/E on 15/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: H.H.J. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Ganesh Badri for plaintiff present.
Adv. Yogesh Salunkhe for defendant present.
Ex.04 Ld adv for plff filed evidence affidavit t.o.r. O- R and R.
Ex.05 Ld adv for plff filed list of documents t.o.r O- seen and other side to say.
Ex.06 Ld Adv for deft filed V/N t.o.r. O- Seen and filed.
Adv of deft submits that deft intends to file Notice of motion to set aside ex-party order and permission to file WS.
Matter adjd for filing appropriate application by deft. To 23-03-2020 at 11.00 am.
Next Purpose: FOR___________________
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: At. 11.25 am
Adv. Viraj Parikh for defendant present.
Adv. for defendant filed draft chamber summons along wit affidavit in support. O- Leave granted to register chamber summons.
Adjd for compliance to 17/03/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ganesh Badri for plaintiff present
Adv. Akhil Rao for defendant present and filed registered Ch/s No. 162/21 along with affidavit of service. t.o.r.
Adv. for plaintiff stated that there is considerable delay to file Written statement in order to avoid the pendency of the suit the chamber summons may be allowed on cost.
FRSR FOLLOWING ORDER PASSED IN Chamber summons NO. 162/21
ORDER
1. The Chamber summons is allowed on payment of cost of Rs. 7500/- (Rupees Seven Thousand Five Hundred only) to be paid to the plaintiff within one month from the date of order failing which no extension will be granted to comply the order and suit will proceed further.
2. On payment of the above cost within above period the exparte order dt. 14.03.2019 is set aside and defendant is directed to file Written Statement on next date and should take notice that he will not get any opportunity to get extended the period to file Written Statement.
3. Accordingly, Chamber summons is disposed of.
Adjd for compliance to 19/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 12.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv. Akhil Rao for deft. present.
Adv. For deft. filed affidavit of service to show that cost amount of Rs.7,500/- was paid to plaintiff. T.O.R.
Exh.7 - Written statement. T.O.R. O. - R and R.
Adv. For deft. tendered draft Ch/sum. Leave to register Ch/sum is granted.
The matter is adjd for service and reply of Ch/sum to 06.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: None for plaintiff.
Adv. Akhil Rao for deft. present.
Adv. For deft. tendered registered Ch/sum no.969/21 along with service affidavit. T.O.R.
The matter is adjd for reply to Ch/sum to 20.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.969/21 to 04.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None for plaintiff.
Adv. Yogesh Salunkhe for deft. present.
As per service affidavit filed on record, copy of Ch/sum no.969/21 is served upon plaintiff. But, plaintiff failed to file reply to the Ch/sum. Therefore, Ch/sum no.969/21 to proceed without reply of plaintiff.
The matter is adjd for hearing on Ch/sum no.969/21 to 18.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: None present.
The matter is adjd for Ch/sum hearing to 12.11.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None present.
The matter is adjd for Ch/sum hearing to 20.11.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None present.
The matter is adjd for Ch/sum hearing to 25.11.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None for plaintiff.
Adv. Akhil Rao for deft. present.
Heard Adv. For deft. on Ch/sum no.969/21.
ORDER BELOW CH/SUM NO.969/21
Ld. Counsel for deft. fairly submits that suit is already registered as a Commercial Suit. Therefore, he will not press the prayer clauses (a) and (b) in the Ch/sum. He further submits that section 12-A of the Commercial Courts Act, 2015 is mandatory in nature as held by Hon\''ble Bombay High Court in case of Deepak Raheja V/s. Ganga Taro Vazirani, LAWS(BOM)-2021-10-2.
Section 12-A is inserted in the Commercial Courts Act, 2015 by virtue of Amendment Act 28 of 2018 which came into effect from 03.05.2018. As per section 19 of the Amendment Act, 2018, provisions of the Amendment Act shall apply to cases relating to commercial disputes filed on or after the date of commencement of said Act. Thus, the mandate provided under section 12-A of the Commercial Courts Act regarding pre-institution mediation would be applicable for the cases filed after the date of commencement of the Act i.e. after 03.05.2018. Roznama shows that present plaint came to be lodged on 21.04.2018 i.e. prior to the insertion of the section 12-A in the Commercial Courts Act, 2015.
Deft. prayed to reject the plaint on the ground that plaintiff failed to follow section 12-A of the Commercial Courts Act, 2015. However, for the reasons stated above, section 12-A of the Act would not be applicable for present suit. Therefore, Ch/sum taken out by deft. deserves to be dismissed. In the result, following order.
ORDER
1. Ch/sum No.969/2021 is dismissed.
2. No order as to costs.
3. Ch/sum No.969/2021 is disposed of accordingly.
The matter is adjd for inspection of documents and admission and denial to 18.12.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: None present.
The matter is adjd for admission/denial to 13.01.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Ganesh Gadri for plaintiff present
Adjd to 07.02.2022 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today''s board.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today\''s board.
None Present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for admission denial to 01.03.2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: None for plaintiff.
Adv. Akhil Rao for deft. present. He sought time for filing affidavit of admission/denial. Time as prayed for is granted.
The matter is adjd for admission/denial to 17.03.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None for plaintiff.
Adv. Akhilrao for deft. present.
Exh. 8 - Statement of admission denial. T.O.R.
The matter is adjd for Case management Hearing to 29.03 .2022.
L.O. at 11.55 a.m.
Plaintiff present.
Alrady adjd to 29.03.2022.
Next Purpose: HEARING
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Plaintiff present.
Adv. Akhil Rao for deft. present.
Plaintiff sought time for hearing. Time as prayed for is granted.
The matter is adjd for case management hearing to 22.04.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Ganesh Badri for plaintiff present.
Heard Adv. For plaintiff on case management hearing.
K.B.
L.O. at 12.05 pm.
Adv. Swapnil Geete h/f. Adv. Rajesh Ghag for deft. present.
Heard Adv. For deft. on case management hearing.
Exh.9 - Issues settled.
Issues are settled today. Considering the nature of suit, issues of facts and law involved in suit and reliefs claimed in the suit, following order regarding case management hearing is passed.
ORDER
1. Parties are directed to submit list of witnesses within 30 days.
2. After submitting list of witnesses, parties are directed to file affidavits of evidence of all the witnesses within 30 days.
3. After submitting evidence affidavits, cross examination of plaintiff and plaintiff\''s witnesses shall be completed within 45 days and thereafter, cross examination of defendant and defendant\''s witnesses shall be completed within next 45 days.
4. After conclusion of evidence, parties shall conclude their arguments within two weeks.
5. Both the parties to note if they failed to comply with this order of case management hearing, consequences of non-compliance of order provided in Order XV-A Rule (8) will follow.
Adv. For plaintiff sought leave of the Court for filing statement of truth. Plaintiff is permitted to file statement of truth till next date.
The matter is adjd for filing list of witnesses and statement of truth to 16.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Ganesh Badri for plaintiff present.
Ld. counsel for plaintiff submits that plaintiff has filed his evidence affidavit at Exh.4 when matter was proceeded ex-parte against deft. He further submits that plaintiff wants to reply upon same affidavit after settlement of issues. He further submits that plaintiff wants to examine only himself. Submissions of plaintiff are taken on record.
K.B.
L.O. at 01.10 pm.
Adv. Akhil Rao for deft. present. He sought time for filing list of witnesses and evidence affidavit of defendant\''s witnesses. Time as prayed for is granted.
The matter is adjd for evidence to 07.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Ganesh Badri for plaintiff present.
None for deft.
K.B.
L.O. at 11.25 am.
Adv. Akhil Rao for deft. present. He sought time for filing evidence affidavit. Time as prayed for is granted.
The matter is adjd for evidence to 18.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None for plaintiff.
Adv. Swapnil Geete for deft. present.
Adv. For deft. sought time for filing evidence affidavit. Already time stipulated in case management hearing is over. However, in the interest of justice, adjournment as prayed for is granted subject to payment of costs of Rs.1,000/- (Rupees One Thousand Only) payable to plaintiff.
The matter is adjd for evidence to 05.09.2022.
L.O. at 11.25 am.
Adv. Ganesh Badri for plaintiff present.
The matter is already adjd for evidence to 05.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: None for plaintiff.
Adv. Karan Singh for deft. present.
Adv. For deft. sought time for filing evidence affidavit. Granted for today as a last chance.
The matter is adjd for evidence to 12.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Representative of plaintiff present.
Adv. Akhil Rao for deft. present.
Adv. For deft. sought time for filing evidence affidavit. On last date itself, last chance was granted. Therefore, prayer for adjournment sought on behalf of deft. is rejected.
The matter is adjd for evidence to 27.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: As court is vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: As court is vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: The court is vacant. Hence, matter is ajd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Court is Vacant. Hence matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: As court is vacant. Hence, Matter is adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Matter received from C.R.No. 14
None for plaintiff.
From the record it appears that roznamas from 03.11.2020
to 20.01.2021 are not pasted by the staff of concerned
Court before being finally transferred to this Court.
Exh.10- Adv. Bharat Thorat for defendant is present
and filed Vakalatnama. O- Filed.
Matter is adj for evidence affidavit to 29/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Adv. C.N.Kurup h/f Adv. Ganesh Badri for plaintiff is present.
Adv. Bharat Thorat for def. is present.
Witness DW-1 is absent.
Ld. adv for def. submitted that he has filed his appearance on the last date therefore, further period of 2 weeks may kindly be granted for filing evidence affidavit of the defendant.
O- The roznama reflects that evidence affidavit on behalf of the plaintiff was filed Exh. 4 when the matter was proceeding Ex-parte. Thereafter, on 18.08.2022 Adv. Swapnil Gite sought time on behalf of def. for filing evidence affidavit. Adjournment/time was granted to the def. subject to payment of costs of Rs. 1000/-. It appears from the record that the said costs is not paid till today. Therefore, today last chance is granted to the defendant subject to payment of costs of Rs. 2000/-. Put up the matter for evidence affidavit on behalf of the defendant on the next date.
Matter is adj for compliance/evidence affidavit to 29/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Ganesh Badri for plaintiff is present.
Adv. Bharat Thorat for def. is present and submitted that the DW-1 is present today and they proposed to file evidence affidavit, list of documents a/w original documents today itself. But, the true certified extract/copy of the resolution passed by the board of directors in favor of DW-1 inadvertently bears the previous number of the present suit i.e. S.C. No. 2208/2018. Subsequently the suit was re-registered as a Commercial Suit. The ld. adv of plaintiff has orally undertaken not to take objection to the previous number mentioned in the said extract of board resolution.
Witness DW-1 is present.
The copy of evidence affidavit, list of documents and copies of documents are already served to the other side in advanced.
Total costs of Rs. 3000/- is paid by def. to Ld. adv of plaintiff.
KB for evidence affidavit.
Exh. 11- Affidavit of evidence of DW-1
Exh. 12- List of documents by Deft. alongwith photocopies of documents and certificates u/s 65B of the Evidence Act.
O- Both the parties are directed to take inspection of each other documents, if required, before next date and thereafter file their respective affidavits of admission and denials.
Matter is adj for inspection of documents of def. to 04/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Adv. Ganesh Badri for plaintiff is present.
Adv. Thorat for def. is present.
On oral request of both parties matter adjourned for affidavit of admission and denial.
On specific oral request of ld. adv of plaintiff matter is adj. for steps to 08/01/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Adv Ganesh Badri for plaintiff present.
None present for defendant.
Matter stands Adj for Evidence on 09/02/2024.
LO at 12.10 pm
Adv Bharat Thorat for defendant present.
Exh. 12A - He filed affidavit in reply of defendant to documents produced by plaintiff. t.o.r. O- Seen.
Matter stands Adj for marking of documents on 09/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Adv Ganesh Badri for plaintiff present.
None for defendant.
Witness absent.
Matter stands Adj for marking of documents on 15/03/2024.
LO at 12.10 pm
Adv Bharat Thorat for defendant present.
Matter already Adj on 15/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Shrikrishna Khairnar h/f Adv Bharat Thorat for defendant present.
PW 01 Vipul Shah present.
Heard both sides on marking of documents.
Document at Sr. no. 1 is Purchase order No. SML/189/16-17 dated 03/11/2016 marked as Exh. 13.
Document at Sr. no. 2 is an office copy of Sales Challan dated 05/12/2016 along with Commercial Invoice, Paking list, Consignment note, Excise gate pass, VAT declaration marked as Exh. 14 collectively.
Document at Sr. no. 3 is Consignment Note No. AMD 015828 dated 05/12/2016 marked as Exh. 15.
Document at Sr. no. 4 is ARE-1 Form dated 05/12/2016 marked as Exh. 16.
Document at Sr. no. 5 is an office copy of the Tax Invoice No. EX/00090/16-17 dated 05/12/2016 marked as Exh. 17.
Document at Sr. no. 6 is Ledger Account marked as Exh. 18.
Document at Sr. no. 7 is an Original cheque bearing no. 001169 dated 31/01/2017 marked as Exh. 19.
Document at Sr. no. 8 is copy of Email communication marked as Exh. 20.
Matter stands Adj for Cross-examination on 03/04/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Bharat Thorat for defendant present.
PW 01 Vipul Shah present.
The Ld. Adv for defendant seeking an adjournment on the ground that there is a death in the family of authorized representative of defendant Co. and thus he could not remain present.
The Ld. Adv for plaintiff opposed the oral prayer on the ground that PW 01 used to come from Ahmedabad and the date is given with the consent of parties. Therefore, considering this aspect adjournment is granted subject to payment of cost of Rs. 5,000/-.
Matter stands Adj for Cross-examination of PW 01 on 19/04/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Bharat Thorat for defendant present.
KB
LO at 12.30 pm
Same appearance for plaintiff and defendant.
PW 01 Vipul Arvindbhai Shah present.
Cross-examination of PW 01 commenced and concluded. Witness is discharged.
Email dated 14/12/2016 at Sr. no. 3 of list (Exh. 12) marked as Exh. 21.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 22.
Matter stands Adj for Cross-examination of defendant on 10/06/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Bharat Thorat for defendant present.
It is submitted that due to wedding function in the house of defendant, DW-01 could not remain present. Hence considering this aspect the matter is adjourned for cross-examination.
Matter stands Adj for Cross-examination of DW-01 on 29/07/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: None present for plaintiff.
DW 01 absent.
Adv Bharat Thorat for defendant present.
It appears from roznama that on last occasion also DW 01 was absent. Hence as a last chance, matter stands Adj for Cross-examination of DW 01 on 20/08/2024.
LO at 12.03 pm
Adv Ganesh Badri for plaintiff present.
Matter already Adj on 20/08/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Bharat Thorat for defendant present.
KB
LO at 12.56 pm
DW 01 - Vikram Mangilal Mehta present.
Oath administered to the witness.
Document at Sr. no. 1 is an Original Extract of Board Resolution dated marked as Exh. 23.
Document at Sr. no. 2 is Print out Email dated 14/12/2016 at 2.13 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 24.
Document at Sr. no. 3 is Print out Email dated 14/12/2016 at 2.49 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 25.
Document at Sr. no. 4 is Print out Email dated 14/12/2016 at 3.21 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 26.
Document at Sr. no. 5 is Print out Email dated 14/12/2016 at 5.15 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 27.
Document at Sr. no. 6 is Print out Email dated 16/12/2016 at 12.32 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 28.
Document at Sr. no. 7 is Print out Email dated 16/12/2016 at 1.58 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 29.
Document at Sr. no. 8 is Print out Email dated 24/12/2016 along with Certificate u/s 65B of Evidence Act marked as Exh. 30.
Document at Sr. no. 9 is Print out Email dated 20/03/2017 at 12.34 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 31.
Document at Sr. no. 10 is Print out Email dated 20/03/2017 at 2.32 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 32.
Document at Sr. no. 11 is Print out Email dated 20/03/2017 at 2.51 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 33.
Document at Sr. no. 12 is Print out Email dated 20/03/2017 at 6.16 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 34.
Document at Sr. no. 13 is Print out Email dated 23/03/2017 at 4.36 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 35.
Document at Sr. no. 14 is Print out Email dated 23/03/2017 at 4.51 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 36.
Document at Sr. no. 15 is Print out Email dated 23/03/2017 at 6.29 pm along with Certificate u/s 65B of Evidence Act marked as Exh. 37.
Cross-examination of DW 01 commenced and concluded.
Matter stands Adj for further evidence of defendant / closing evidence pursis on 04/09/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Shreekrishna Khairnar for defendant present.
He seeks time to file documents. As the suit is of 2021 and part heard. As a last chance on oral request, matter stands Adj for filing of documents / closing evidence pursis / Compliance on 25/09/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: Adv Ganesh Badri for plaintiff present.
Adv Shrikrishna Khairnar for defendant present.
Matter stands Adj for filing of documents / closing evidence pursis / Compliance on 16/10/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Representative of plaintiff Co. present.
Adv Bharat Thorat for defendant present.
Representative of plaintiff filed an adjournment application. t.o.r. marked as Exh. 38. O- Allowed as a last chance as it is old matter.
Matter stands Adj for filing evidence of defendant on 26/11/2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: Adv Vallari Dinkar for plaintiff present.
Adv Bharat Thorat for defendant present.
He filed evidence closing pursis. t.o.r. marked as Exh. 39.
O- Seen.
Matter stands Adj for Arguments on 03/01/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: Adv Ganesh Badri for plaintiff present.
Adv Shrikrishna Khairnar for defendant present.
On oral request of Adv for plaintiff, the parties are directed to furnish statement of truth as the suit was originally filed as Short Cause Suit and the said statements remained to be furnished as required by Commercial Courts Act. It also appears that cost of Rs. 5,000/- imposed upon the defendant has remained to be paid.
Hence, matter stands Adj for Compliance / Arguments on 03/02/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: Adv Ganesh Badri for plaintiff present.
Representative of the plantiff present.
Kb
Later on at 12.25 p.m.
same appearance for plff.
Adv. Bharat Thorat for deft present.
As per the roznama dated 03.01.2025, it appearas that the cost of Rs.5000/- imposed upon the deft on 03.04.2024 is not paid till today. The matter is of the year 2018. Hence, as a last chance matter stands adj for argument on 24-02-2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: Adv Ganesh Badri for plaintiff present.
Adv Bharat Thorat for defendant present.
It appears that cost of Rs. 5,000/- imposed upon defendant on 03/04/2024 is not paid till today. The matter is of the year 2018.
On the last ocassion Adv for plaintiff filed statement of truth. t.o.r. marked as Exh. 40 today. Last chance granted to defendant for filing statement of truth, if any and also for arguments.
Matter stands Adj for Arguments on 13/03/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: Adv Ganesh Badri for plaintiff present.
None present for defendant.
Adv for plaintiff filed written notes of arguments. t.o.r. marked as Exh. 41. O- Seen.
It is submitted that statement of truth is not filed by defendant till now and cost of Rs. 5000/- also not paid to plaintiff.
KB
LO at 12.15 pm
Same appearance for plaintiff.
Adv Bharat Thorat for defendant present.
He filed statement of truth. t.o.r. marked as Exh. 42.
O- Seen.
Copy of written notes filed by plaintiff supplied to defendant.
Heard both sides.
Matter stands Adj for Judgment on 02/04/2025.
Next Purpose: JUDGMENT
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: P. O. is on Leave.
Representative of plaintiff present.
Adv Ganesh Badri for plaintiff present.
None present for defendant.
Matter stands Adj for Judgment on 15/04/2025.
Next Purpose: JUDGMENT
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: None present for plaintiff and defendant.
Exh. 43 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.934 of 2021 is partly decreed with costs.
2. The defendant do pay an amount of Rs.4,74,650/- together with interest at the rate of 9 percent per annum from the date, when it became due, till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No.934 of 2021 stands disposed off accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 15-04-2025Filing Number: 105675/2018 Filing Date: 19-04-2018 First Hearing Date: 14th September 2018 Decision Date: 15th April 2025 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Order Details: Copy of Judgment Pdf Text: Com. Suit No.934 of 2021 -: 1 :- Judgment MHCC010052692018 Presented on : 19.04.2018 Registered on : 23.08.2018 Decided on : 15.04.2025 Duration : YY : MM: DD 06 : 11 : 27 Exhibit No.43 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY COMMERCIAL SUIT NO. 934 OF 2021 (OLD SUMMARY SUIT NO.2208 OF 2018) Shri. Vipul Arvindbhai Shah, Age 43 Years, Sole Proprietor of Nu Tech Controls, having its principal place…
Order Details: Copy of Judgment Pdf Text: Com. Suit No.934 of 2021 -: 1 :- Judgment MHCC010052692018 Presented on : 19.04.2018 Registered on : 23.08.2018 Decided on : 15.04.2025 Duration : YY : MM: DD 06 : 11 : 27 Exhibit No.43 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY COMMERCIAL SUIT NO. 934 OF 2021 (OLD SUMMARY SUIT NO.2208 OF 2018) Shri. Vipul Arvindbhai Shah, Age 43 Years, Sole Proprietor of Nu Tech Controls, having its principal place…
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