Date: 26-09-2019
Business: Adv. Vakil for plaintiff present.
Adjd. to 02.12.2019 for report.
Next Purpose: REPORT
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: HHJ is on Training at Uttan
Matter is adjd to 21/01/2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ayyar For plff. Present.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For plff. Filed affidavit of service for summons. Exh-5 O- Seen and filed.
Service not propered.
Matter is adjd to 11.03.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Hetal Vakil for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 16.04.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 15.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: P.O. is on leave.
Matter is adjd to 06.4.2021 for Exparte Evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Hetal Vakil for the plff present.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 15.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
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: 15-11-2021
Date: 15-11-2021
Business: Court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: P.O. is on Training
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None for plaintiff.
None for defendant.
Matter is posted for ex-parte evidence. Plaintiff has not led evidence since long, as a last chance.
Matter is adjd. to 30-07-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv. Mr. Sonal Sawant for Plaintiff present.
Service not complete.
Plaintiff to take proper steps to serve the Defendant.
Matter adjourned to 26/09/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Vakil for plaintiff present.
None for defendant.
Advocate for plaintiff filed application for re-issuance of writ of summons against defendant no.2 (Exh.06).
O-Issue fresh writ of summons to defendant no.2 by RPAD.
Defendant no.1 is already served and ex-parte order is also passed against him.
Matter adjd. to 01.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv.Sudhakar Lakhani for plaintiff present. He submits that yet report of service is not received and hence seeks time to file service affidavit. Time granted.
Matter is adj to 10/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Adv.Hetal Vakil i/b J.R.Vakil and Associates for plaintiff present. She seeks time to file affidavit of service. Time granted.
Matter is adj to 26/04/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy dictating Judgment in Suit No.3734 of 2011, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 03/08/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: AS a Court busy in admission denial documents in High Court Time Bound Matter 464/17 and argument in Sum No.200/23, 636/19 and 102/20. Hence, remaining morning board is discharged.
Matter is adj to 20.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hetal Vakil i/b M/s S. R. Vakil and Associates for plaintiff is present and filed affidavit of service in respect of defendant No.2. TOR. It is marked as Exh-7.
Order below Exh-1
Though it is mentioned in the roznma dated 26.09.2022, that ex-parte order is already passed against defendant No. 1, it is not appearing that such order was passed. It is found from the service affidavit (Exh-5) and the track report that writ of summons was sent to the defendant No.1 by Registered Post and it is received by defendant No.1. Despite of service of writ of summons, defendant No.1 is failed to appear. Hence, the suit to proceed ex-parte against defendant No.1.
Order below Exh-1
The writ of summons sent by registered post to the defendant No.2 is appearing to have been duly served. The plaintiff has filed service affidavit in support of the said fact. The defendant No.2 failed to appear, despite of service of writ of summons. Hence, the suit to proceed ex-parte against defendant No.2.
Matter is adj to 18.12.2023 for filing original document and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of the plaintiff is present and his advocate is absent.
Keep back.
Later on at 12.33 pm
Ms. Swati Arvindkumar Kalatme, representative of the plaintiff is present.
Adv. Jitendra Gupta i/b Adv. J. R. Vakil for plaintiff is present and filed Evidence affidavit and list of documents along with documents and certificate u/s 65B of The Indian Evidence Act. Taken on record. They are marked as Exh-8, 9 and 10 respectively.
Matter is adj to 06.05.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Court is busy in dictating judgment in Suit No. 8646/99 and summons for judgment No.56/05, 57/05, 420/05, 421/05, 440/05 and 443/05 . Hence, today\''s board is discharged. Parties are liberty to file applications, notice of motion and affidavits, if any.
Matter is adj to 29.06.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil for plaintiff is present.
Heard counsel for plaintiff on admission and denial of the documents.
Matter is adj to 05/08/2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta h/f Adv. J. R. Vakil for plaintiff is present and filed for production of documents along with Certificate u/s 65(B) of The Indian Evidence Act. Taken on record. It is marked as Exh-11 and 12 respectively.
Perused documents filed plaintiff vide list at Exh-9, 10 and 12. Documents at Sr. No.1 and 2 are extract of Board resolution, Document at Sr. No.6 and 7 are original Lorry receipts, document at Sr. No.10 to 13 are office copies of invoices, document at Sr. No.14 and 15 are office copies debit notes, document at Sr. No.16 is office copy of Credit Note, document at Sr. No.17 sales ledger account supported by certificate u/s 65(B) of The Indian Evidence Act, document at Sr. No.18 is office copy of notice along with postal receipt and A. D. Card. Hence, these documents are marked as Exhibits.
Documents at Sr. No.3 to 5 are not pleaded in plaint and properly referred in evidence on affidavit, documents at Sr. No.8 and 9 are photocopies. Hence, it cannot be marked as Exhibits.
Exh-13 Extract of Board Resolution dated 25/02/2019
Exh-14 Extract of Board Resolution dated 05/08/2019
Exh-15 Original L. R. No.792 dated 07/07/2016
Exh-16 Original L. R. No.1052 dated 21/07/2016
Exh-17(colly) Office copy of Invoices dated 08/07/2016, 22/07/2016, 28/07/2016 and 01/08/2016.
Exh-18(colly) Office copy of Debit Notes dated 12/05/2017 and 18/07/2017.
Exh-19 Office copy of Credit Note dated 09/12/2016.
Exh-20 Office copy of Sales Ledger dated 01/04/2016 to 22/05/2019 supported by Certificate u/s 65(B) of The Indian Evidence Act.
Exh-21 Office copy of Notice dated 25/02/2019 along with postal receipt and A. D. Card.
Matter is adj to 12.08.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
representative of plaintiff is present , advocate are absent. She requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 18/09/2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
representative of plaintiff is present.
kept back.
Later on 1.44 pm
Adv. Hetal Vakil for plaintiff is present and filed evidence close pursis. Taken on record. It is marked as Exh- 22.
Matter is adj to 08/10/2024 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.07 pm
The plaintiff and his advocate are absent.
Matter is adj to 08.11.2024 for ex-parte arguments.
Later on at 1.22 pm
Adv. Jitendra Shukla h/f Adv. J. R. Vakil and Co. for plaintiff is present and filed an application to lead secondary evidence along with affidavit. Taken on record. It is marked as Exh-23. O-Put up for order. He also filed an application to file additional evidence along with additional evidence affidavit. Taken on record. It is marked as Exh-24 . O-Put up for order.
Matter is adj to 08.11.2024 for order on exhibits.
Next Purpose: ORDER
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 1.03 pm
Adv. Jitendra Gupta i/b J. R. Vakil and Associates for plaintiff is present.
Order below Exh-23
Perused application at Exh-23 and record. Heard Ld. counsel for the plaintiff. Matter is proceeded ex-parte against defendant. The plantiff has filed evidence on affidavit vide Exh-8. He also filed documents vide list Exh-9. Documents at Sr. No.3 to 5 filed vide list Exh-9 were referred in evidence on affidavit at Exh-8 that said documents are original. However, said documents are not originals. Therefore, said documents were not marked as Exhibit. Now, plaintiff has filed this application to seek permission to file additional evidence with respect to the documents at Sr. No.3 to 5 vide list Exh-9. The said documents are print outs of emails. The plaintiff has also filed certificate u/s 65B(4) of The Indian Evidence Act vide Exh-12. Thus, considering contentions in the application at Exh-23, the plaintiff is allowed to file additional evidence, as prayed. Hence, I proceed to passed following order-
Order
1. Application at Exh-23 is hereby allowed.
Order below Exh-24
Perused application at Exh-24 and record. Heard counsel for the plaintiff. The plaintiff has filed an application to seek permission to lead secondary evidence in respect of lorry receipts, said documents are misplaced. Hence, considering the reason, it is necessary to allow the plaintiff to lead the secondary evidence. Hence, I proceed to pass following order-
Order
1. Application at Exh-24 is herby allowed.
In view of order passed below Exh-23 and 24, documents filed by plaintiff at Sr. No.3 to 5, 8 and 9 needs to be exhibited. Hence, These documents are marked as Exhibit.
Exh-25 Original Purchase Order dated 01.07.2016.
Exh-26 Original Purchase Order dated 18.07.2016.
Exh-27 Original Purchase Order dated 26.07.2016.
Exh-28 Xerox copy of L. R. No.28 dated 28.07.2016
Exh-29 Xerox copy of L. R. No.1088 dated 01.08.2016
Matter is adj to 12.12.2024 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 15.01.2025 for further evidence.
Later on at 12.26 pm.
Adv. Jay Yadav for plaintiff is present.
Matter is adj to 15.01.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kartik i/b J. R. Vakil and Associates for plaintiff is present and filed evidence close pursis. Taken on record. It is marked as Exh-30.
Matter is adj to 12.03.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, representative of plaintiff is present.
Keep back.
Later on at 12.38 pm
Ms. Swati Kalatme, representative of plaintiff is present.
Adv. Jitendra Gupta h/f J. R. Vakil and Associates for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 26.03.2025 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil and Associates for plaintiff is present.
Ex-parte judgment is marked as Exh-31
FRSR following order is passed
Order
1)Summary Suit No. 772 of 2019 is hereby decreed with the costs.
2)The defendants shall jointly and severally pay an amount of Rs. 69,216/- (Rupees Sixty Nine Thousand Two Hundred and Sixteen only) to the plaintiff.
3)The defendants shall jointly and severally pay to the plaintiff simple interest on Rs. 39,716/- at the rate of 7 percent per annum from 15/06/2019, the date of filing of suit till its full realization.
4)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
5)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 26-03-2025
