Date: 04-11-2019
Business: Fresh matter assigned to this Court.
Adv. Lakhani for plaintiff present.
Adv. Prem Pande for defendant present. He undertakes to file VP on next date.
Matter ajdjd for filing VP and WS on 28/11/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: None Present for the plff.
Adv. Prem Pandey Present for the Deft.
He orally submitted that he will file VP on next date.
Matter adjd for Filing VP on 20/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Mr. S. G. Lakhani for plaintiff present.
Adv. Ms. Pathak for defendant present.
Ld. advocate appearing for defendant orally requested time to file vakalantnama.
Matter adjd for filing vakalatnama on 2.1.2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: None Present for the plff.
Adv. Khushbu Pathak for defendant present and filed VP on behalf of deft marked as Exh.02.
Kb.
Later on at 11.40 pm.
Adv. Lakhani for plaintiff present.
The Ld Adv appearing for plff has submitted that he will file service affidavit of writ of summon on next date. The Ld Adv appearing for deft has submitted that deft has received only copy of summons. On the contrary the Ld Adv appearing for plff has submitted that writ of summons with true copy of plaint are served to deft through court. Hence adj for filing service affidavit.
Matter adjd for service affidavit on 04/01/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Adv. S. G. Lakhani for plaintiff present.
Adv. Khushbu Pathak for defendant present.
Adv. for plaintiff filed service affidavit. t.o.r. O-seen.
The Ld Adv appearing for plff has submitted that as per track report summons with copy of the plaint is served to deft. on 12/10/2019.
The Ld Adv appearing for deft has submitted that in fact the said writ of summons with copy of the plaint is served to the servant of deft. The Ld Adv appearing for deft has also submitted that Deft is going to file written statement by filing NM. Hence matter adjourned for filing NM to file on record written statement.
Adv. for plff filed pursis. t.o.r. O-seen.
Matter adjd for filing NM to file on record written statement 14/01/2020 at 11.00 am.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Sudhakar G. Lakhani for plaintiff present.
Adv. Premkumar Pandey for defendant present.
Ld counsel for the deft filed Draft NM alongwith affidavit. t.o.r.
Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
Matter adjd for tendering registered NM alongwith affidavit, service affidavit and NM reply on 30/01/2020 at 11.00 am.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Plaintiff is present.
Ms. Anjali Kotecha intern of Adv. Nathani for plaintiff present.
Adv. Prem Pande for defendant present.
Intern of plaintiff filed affidavit in reply to the N/M. TOR- O- Read and recorded.
Adv. of defendant submits that N/M is to be registered.
Copy of reply is given to the defendant adv. today in the court.
Matter adjd for tendering original registered N/M a/w affidavit, service affidavit and hearing of N/M to 05/02/2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Sudhakar Lakhani for plaintiff present.
Adv. Kushbu Pathak for defendant present.
Ld adv for defendant seeks time to file registered original NM.
Matter adjd for tendering original registered NM with affidavit and hearing on NM to 18-02-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Lakhani for plaintiff present.
Adv. Khushbu Pathak for defendant present.
KB 12.30 pm.
Adv Pandey for defendant present.
Ld Adv for deft tendered original Notice of Motion No. 536/2020 along with affidavit t.o.r.
Ld Adv for deft tendered service affidavit t.o.r. O- Seen.
Heard both sides.
F.R.S.R. following order is passed.
ORDER
Notice of Motion No.536/2020 is hereby allowed as under-
1. Delay in filing Written Statement is hereby condoned subject to cost of Rs.1,000/- (Rs. One Thousand only).
2. Time granted till next date to deposit the said cost in the court or it be given to the plaintiff and to file Written Statement.
Matter adjd for compliance to 09-03-2020 at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Representative of plaintiff present.
KB LO. At 12.23 pm
Adv Sayyad h/f Prem Pande for defendant present.
KB LO at 3.23 pm.
Adv Prem Pande for defendant present.
Ld Adv for defendant states that he personally went to the office of plaintiff advocate and handed over costs of Rs.1,000/- by cash.
Ex.05 He tendered written statement t.o.r. O-R and R.
Matter adjd for draft issues to 24-03-2020 at 11.00 am.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 03/11/2020.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 07.12.2020.
Next Purpose: HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Both the parties and their advocate are absent when called out.
Adjourned for case management hearing on 07.01.2021.
Next Purpose: HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Lakhani for plaintiff present.
Adv. Khushabhu Pathak for defendant is present.
Issues are framed marked at Exh. 6
Matter is adjd.to 27-01-2021 for R/E
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Sudhakar Lakhani for plaintiff, prayed for adjournment.
None for defendant
Matter is adjd.to 01-03-2021 for list of witness and
case management.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Lakhani for plaintiff present.
None for defendant.
Exh.7- Testimony of PW-1 Shaji John.
Exh.8- List of documents.
In view of testimony of PW-1 following documents are marked.
Exh.9- Photocopy of the Power of Attorney.
Exh.10 (Colly)- Invoice no. 9511.01, dtd.11.05.2016 for Rs. 6,00,134/- along-with transfer receipt.
Exh.11- Invoice no. 9513.01, dtd.11.05.2016 for Rs. 2,60,960/- along-with transfer receipt.
Exh.12- Invoice no. 14921.01, dtd.25.06.2016 for Rs. 2,29,346/- along-with transfer receipt.
Exh.13- Office copy of notice dtd. 22.02.2018 sent by RPAD from plff adv. to the deft.
Deft is continuously is absent, Plff to serve the copy of Exh.7 and 8 on the address of Adv. P.R. Pandey. for deft. Plff to intimate deft and adv. Pandey on their Mob. phone as mentioned in NM no. 536/20 and mediation form.
Matter is adjd.to 24.03.2021 for R/E(P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv. Lakhani for plaintiff, submits that he received a phone call from Advocate Pandey and requested to seek adjournment.
None for defendant.
Matter is adjd.to 29.04.2021 for R/E (P/H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 08.07.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 05.08.2021 for rec/evi. (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv. Sudhakar G. Lakhani for plaintiff present.
None for defendant
Adv. for plaintiff is directed to give intimation to the defendant and his adv. as per order in NM No. 536/20 as mention in roznama dtd. 10-03-2021.
Matter is adjd.to 01-09-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Sudhakar G. Lakhani for plaintiff present.
Adv. Khushboo Pathak for defendant no. 1 and 2 present and filed application for withdrawal of vakalatnama. t.o.r. marked as Exh. 14 - Filed.
Matter is adjd.to 20-09-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Sudhakar Lakhani for plaintiff present.
None for defendant
Adv. Sudhakar Lakhani submitted that copies of Exh. 7 and Exh. 8 are served upon Adv. for the defendant on 17-03-2021 and complied the order in roznama dtd. 10-03-2021. Adv. for defendant withdrew vakalatnama on 01-09-2021. As the defendant is absent since long and his adv. withdrew vakalatnama, no cross order is passed on evidence affidavit of PW – 1 – Shaji John. Re-examination – Nil.
Matter is adjd.to 29-09-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Sudhakar Lakhani for plaintiff present and filed evidence close pursis t.o.r. and marked as Exh.15
None for defendant
As the plaintiff has closed his side of evidence, matter is kept for evidence of the defendant.
Matter is adjd.to 06-10-2021 for evidence of defendant
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Sudhakar Lakhani for plaintiff present.
None for defendant
Matter is adjd.to 16-10 -2021 for Evidence of deft.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Letter of Hon’ble High Court dtd. 11-10-2021 and office order no. 213/2021 of Hon’ble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Adv. Sudhakar Lakhani for plaintiff present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Sudhakar Lakhani for plaintiff present.
None for defendant
On perusal of record, it appears that the defendant and his advocate are absent since long. Therefore, no cross order was passed on evidence affidavit of PW – 1 – Shaji John on 20-09-2021. Thereafter, the plaintiff closed evidence vide pursis Exh. 15 filed on 29-09-2021. Matter is pending for evidence of the defendant for last two dates, but the defendant and his advocate failed to attend proceeding of the case. The defendant and his advocate are absent even today till 11.30 am. Hence, evidence of the defendant is closed. Matter is fixed for final argument.
Matter is adjd.to 08-11-2021 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Sudhakar Lakhani for plaintiff present.
None for defendant.
Heard Ld. Adv. Sudhakar Lakhani for plaintiff.
Matter is adjd.to 15-11-2021 for Judgment
Next Purpose: JUDGMENT
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Lakhani for plaintiff present.
None for defendant.
Exh. 16 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 135/2019 is partly decreed.
2. The defendant is directed to pay amount of Rs. 14,65,668/- (Rupees Fourteen Lakhs Sixty-five Thousand Six Hundred Sixty-eight Only )to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest at the rate of 12 % p.a. on principal amount of Rs. 10,38,516/- to the date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 15-11-2021