Date: 14-08-2018
Business: Adv. for Plaintiff present.
None for Defendant.
Matter is adjd. to 12/12/2018 for Report.
Judge
Next Purpose: REPORT
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: Adv. Priyanka B. for Plaintiff present.
None for Defendant
On the oral request of the advocate for plaintiff,
Matter is adjd. to 18/01/2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: Adv. Priyanka Bapat for Plaintiff present.
None for Defendant.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 26/02/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: REPORT
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Adv for plaintiff Ms.Apurva present
She filed Affidavit of Service with the remark that as per the postal track report summons is served and postal envelop with the remark that intimation posted.
O-It appears as per postal envelop remark door is always closed therefore, it will not proper to proceed exparte.
Matter is Adjd for Steps to 06/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: court is on leave.
Adjd to 16/10/19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Apurva Pawar for plaintiff present.
None for deft.
Ld adv. for plaintiff has pointed out that the suit summons was served on deft. on two addresses. On one address the postal packet returned back. But the another postal packet was served as per the track record. I have perused the record. It seems that deft is served suit summons as per track record. Defts absent. Suit to proceed exparte.
Adjd. for exparte evidence to 03.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: None present for both parties.
Adjd to 17.02.2020 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: None present.
Adjd for Ex-parte evidence to 19-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: None present.
Adjd to 28-06-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
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 Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv. Preeti Shah for plaintiff present.
None for defendant
Matter is adjd.to 20-08-2021 for (ex-parte) evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23-09-2021 for (ex-parte)evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Apurva Pawar for plaintiff present and prayed for adjournment – allowed.
Matter is adjd.to 29-10-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Kajal Gupta for plaintiff present.
Matter is adjd.to 29-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Kajal Gupta for plaintiff along with witness Rajesh Khanna present and filed evidence affidavit of witness Rajesh Khanna t.o.r. and marked as Exh. 2
He also filed list of documents t.o.r. and marked as Exh. 3
Oath is administered to witness Rajesh Khanna . He stated on Oath that evidence affidavit Exh.2 bears his signature and contents therein are correct. He also proved documents filed with list Exh.3 and they are Exhibited as under -
Exh. 4 – Copy of the original resolution dtd. 20th April, 2018.
Exh. 5 – Copies of 13 purchase orders by the defendants.
Exh. 6 – Copy of the copies original 14 consignment notes by plaintiffs.
Exh. 7 colly– Copies of 17 invoices issued by the plaintiffs.
Exh. 8 colly– Copies of the emails dtd. 31st August, 2015 and 9th March, 2016.
Exh. 9 colly– Copies of the 8 original cheques along with the bank memo.
Exh. 10 colly – Copy of the confirmation of account by defts dtd. 01st April, 2017 with registered slip & A.D. card.
Exh. 11 colly – Copy of the email dtd. 27th October, 2017 with ledger account.
Exh. 12 colly – Office copy of notice dtd. 06 th December, 2017 issued to defendants, receipt of Blue Dart, Courier receipt and postal Track Consignment.
Exh. 13- Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 06-12-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Shahzad Khajotia for plaintiff present.
Kb LO
Adv. Harsha Shah for plaintiff present
Heard Ld. Adv. Harsha Shah for plaintiff.
Matter is adjd.to 08-12-2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. Harsha Shah for plaintiff present.
Exh.16 - Ex parte Judgment.
F.R.S.R. following order is passed - ORDER 1. Commercial Suit No.683/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 53,07,491/- (Rupees fifty-three Lakhs Seven Thousand Four Hundred Ninety-one Only) to the plaintiff with interest @ 12 percent p.a. from the date of the suit till the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-12-2021