Date: 30-08-2019
Business: Fresh matter assigned to this Court.
None present for plaintiff.
Issue writ of summons to defendant and plaintiff to file service affidavit.
Matter adjd for service affidavit on 23/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Karuna A. for plaintiff present.
Ld. counsel for plaintiff file draft CS a/w affidavit. TOR.
ORDER CS is made absolute in terms of prayer clause (a) and (b). plaintiff to carry out necessary amendment within stipulated time. CS be registered for statistical purpose. After amendment plaintiff to take steps for service of suit summons on defendant.
Matter adjd for filing registered CS and compliance on 07/10/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: None present for plaintiff.
Matter adjd for compliance on 08/11/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Upadhyay for plaintiff present.
Plff. to serve writ of summons on deft.
Mattar adjd. for filling for service to 29.11.2019.
Next Purpose: SERVICE
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Adv. Upadhyay for plaintiff present.
Issue writ of summons to defendant and plaintiff to file service affidavit.
Adv. for plff tendered disposed chamber summons No. 2130/19. t.o.r.
Matter adjd for service on 20/12/2019.
Next Purpose: SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. ms. Karuna Adhangle for plaintiff present.
Ld. advocate for plaintiff seeks time to serve writ of summons to defendant.
O- time granted.
Matter is adjd to 3.1.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Sanjay for plaintiff present.
Ld Advocate for plaintiff seeks time to serve writ of summons to defendant. Time granted.
Matter adjd for service affidavit on 21/01/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Sanjay Upadhya for plaintiff present.
The Ld Adv appearing for plff submits that report of service of writ of summons is awaited.
Perused roznama dt. 23/09/2019. The draft CS is made absolute on 23/09/2019. Perused roznama dt. 29/11/2019. On that day plff tendered disposed of registered CS No. 2130/19. Hence matter adjourned for service affidavit.
Matter adjd for service affidavit on 01/02/2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv.Sanjay Upadhay for plaintiff present.
None for deft.
Ex.02 Plff adv filed service affidavit along with original writ of summons t.o.r.
There is one acknowledgment filed with the service affidavit. It dosen\''t reflect that writ of summons are received for both the defts.
The adv for plff states that plff has not received acknowledgment of deft no.2. Hence matter adjourned for service affidavit.
Matter adjd for service affidavit to 14-02-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: H.H.J. is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Karuna Adangle for plaintiff present.
None for defendant.
She submits that she has not received service report.
Matter adjd for service affidavit to 27-03-2020 at 11.00.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of affidavit to 23/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: As Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 03.02.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Karuna Adangale for plaintiff , requested to perused service affidavit vide Exh. 2. Defendant no. 2 is proprietor of defendant no 1. Summons is duly received by defendant no. 2 by RPAD. Postal acknowledgement bear signature of defendant no. 2. However, both defendants are absent. Hence, suit to proceed (ex-parte) against defendant no. 1 and 2.
None for defendant
Matter is adjd.to 10-02-2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Karuna Adangale for plaintiff is present.
None for defendant.
Matter is adjd.to 24-02-2021 for R/E (ex-parte)
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 10.03.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Ms. Karuna Adangale for plaintiff present.
None for defendant.
Exh.3- Application for adjournment submitted by plff.
Matter is adjd.to 21.04.2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None for both side.
Matter is adjd.to 05.05.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 15.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As per Office order No. 106/21 dtd. 14-06-2021, all the court shall remain closed all Saturday i.e. 03-07-2021.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Both the parties absent when called out.
Matter is adjd.to 04-08-2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 04-09-2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None for plaintiff.
Matter is fixed for ex parte evidence on 03-02-2021 then the plaintiff failed to lead evidence. Hence, last chance is given to the plaintiff for adducing evidence.
Matter is adjd.to 08-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Sanjay Upadhyay along with plaintiff present
Adv. S. R. Kanogia for defendants no. 1 and 2 present and filed vakalatnama t.o.r. and marked as Exh.4
Adv. Sanjay Upadhyay for plaintiff along with witness Manish Singh Thakur present and filed his evidence affidavit of t.o.r. and marked as Exh. 5
He also filed list of documents t.o.r. and marked as Exh. 6
He also filed statement of truth t.o.r. and marked as Exh. 7
Matter is adjd.to 21-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. S. R. Kanogia for defendants present and submitted that she did not received the copies of the plaint and documents.
The plaintiff is directed to provide copies of the plaint and documents to the defendants.
Matter is adjd.to 10-11-2021 for Ex parte evidence.
LO
Adv. Sanjay Upadhyay for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv. Sanjay Upadhyay for plaintiff present.
Adv. S. R. Kanojia for defendants present.
Adv. Sanjay Upadhyay supplied copies of the plaint and documents to Adv. S. R. Kanojia for the defendants.
With consent of both sides matter is kept in lok-adalat.
Matter is adjd.to 11-12-2021 for ex parte evidence/ lok-
adalat.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: Adv Sanjay Upadhyay for plaintiff.
Adv S.R.Kanojiya for defendant present.
Matter not settled.
Matter adjd to 13/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Ms. Karuna Adangale for plaintiff present.
Adv. Ms. S.R.Kanojia for defendants no.1 and 2 present.
Matter is adjd.to 24-02-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: None for plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: (NOB TOB)
Matter is kept in Nation Lok-Adalat going to be held on 12-03-2022. Issue notices of Lok-Adalat to both sides.
Matter is adjd.to 12-03-2022 for Lok-Adalat
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Matter pertaining to C.R. No. 31
None present.
Matter Adjd to 04/05/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: (NOB TOB)
Matter is kept in Nation Lok-Adalat going to be held on 07-05-2022. Issue notices of Lok-Adalat to both sides.
Matter is adjd.to 07-05-2022 for Lok-Adalat
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: None present for Plaintiff
None present for defendant
Adjourned to 22.06.2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: NOB TOB
On request of both sides matter is kept before Lok Adalat on 13/08/2022.
Parties to appear before Lok Adalat on 13.08.2022.
Adjd to Lok Adalat on 13.08.2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Karuna Adangale for plaintiff present.
Evidence closing pursis filed by adv. for plaintiff.
Adjd for exparte arguments to 25/08/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Karuna Adangale for plaintiff present.
Heard arguments of adv. Adangale for plaintiff.
Exh-9 Judgment
FRSR the following order is passed
ORDER
1.Commercial Suit No. 70 of 2019 is decreed with costs.
2. The defendants do pay an amount of Rs.4,93,967.32 (Rs. Four lakhs ninety three Thousand Nine hundred sixty seven and thirty two paise only) to the plaintiff along with interest at the rate of 12 percent per annum on the principal amount from the date of filing of the suit till realization within 3 months from the date of this decree.
3. Defendants shall bear the costs of the suit.
4. Court fee, if any, be refunded as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 25-08-2022