Date: 21-08-2019
Business: Adv. Mr.Mukesh J. Pabari i/b Pabari Legal Associates for plaintiff is present.
Exh.1 - Plaint.
Exh.2 - Application filed by advocate for plaintiff to issue summons against defendant. O - Granted.
Issue suit summons.
Adjourned to 05.10.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv. Mukesh Pagare i/b Pabari Legal Associates for plaintiff is present.
Report of Writ of summons is awaited.
Adjourned to 13.11.2019 for Report and Appearance.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Riddhi Gada i/b Pabari Lega Associates for plaintiff present and filed an application for fresh Writ of Summons against the defendant on new address. TOR and marked as Exh.3.
Order - Allowed.
Issue fresh Writ of Summons to defendant at new address.
Adjourned to 27.11.2019 for Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Niraj Bhagat h/f Pabari Legal Associates for plaintiff is present.
Exh.4 - Application filed by advocate for plaintiff for extension of time to serve writ of summons.
Order - Granted.
Adjourned to 21.12.2019 for Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: None present for plaintiff.
Adv. Ms. P. Gandhi i/b Adv. Sukanya Bhaumik for defendant is present and undertakes to file vakalatnama and seeks time to file written statement.
O - Accordingly time is granted to file written statement till next date.
Adjourned to 13.01.2020 for Written Statement.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Mukesh Pabari i/b Pabari Legal Associates for plaintiff is present.
Adv. Payoja Gandhi i/b Adv. Sukanya Bhaumik for defendant is present and submits that the director of the company not in town and therefore she is unable to file vakalatnama and undertakes to file vakalatnama and seeks time to file written statement.
The defendant is served with writ of summons on 04.12.2019. In view of request and reason mentioned. Time is granted to file written statement by next date.
Adjourned to 28.01.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Pooja Dhumal h/f Pabari Legal Associates for plaintiff is present.
Adv. Payoja Gandhi i/b Adv. Sukanya Bhaumik for defendant is present and filed Vakalatnama of Adv. Sukanya Bhaumik for defendant. TOR and marked as Exh.5.
Advocate for defendant also filed Written Statement. TOR and marked as Exh.6.
Defendant is directed to supply copy of written statement to plaintiff.
Adjourned to 13.02.2020 for Draft Issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv.Pooja Dhumal for plaintiff is present and filed draft issues. TOR.
Copy served to other side.
Adv. Payoja Gandhi i/b Adv. Sukanya Bhaumik for defendant is present and seeks time to file draft issue.
Adjourned to 27.02.2020 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Plaintiff is present.
Adv. Pooja Dhumal h/f Pabari Legal Associates for plaintiff is present.
Mr.Rajnish Shukla, CA of respondent is present.
Adv. Payoja Gandhi i/b Adv. Sukanya Bhaumik for defendant is present.
Parties are directed to appear before Ld. Judge Shri. K. M. Jaiswal, Court Room No.58 today at 02.30 pm for mediation purpose.
Adjourned to 07.03.2020 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Adv. Niraj Bhagat i/b Pabari Legal Associates for plaintiff is present.
None present for defendant.
Mediation report is awaited.
Adjourned to 20.03.2020 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for Mediation report to 16.04.2020.
Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for mediation report to 11.11.2020.
Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: NOB TOB
Mediation report received from Mediation Section. T.O.R.
Matter already adjourned to 22.12.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both parties and their advocates are absent when called out.
Mediation report is already received. Matter is not settled.
Adjourned for case management hearing to 22.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None for plaintiff.
Adv. Payoja Gandhi for defendant submits that 1st Mediation was failed, however, defendant is ready to settle the matter.
Plaintiff to remain present positively on next date. Defendant inform to plaintiff by email to remain present to verify possibility of mediation.
Matter is adjd.to 12-02-2021 for draft issues/case
management.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 03.03.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 19.04.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Both parties are absent.
Matter is adjd.to 28.06.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Both the parties and their advocates are absent when called repeatedly.
Exh-7 Issues are framed.
Matte Adjd to 26.08.2021 for Case Management hearing.
Next Purpose: HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None for plaintiff present.
Adv. Mr. Vaibhav Sharma for defendant present.
Heard Ld Adv Shri Vaibhav Sharma for the defendant on the point of case management hearing.
Schedule of Trial determined after case management hearing.
Matter is adjd.to 06/09/2021 for filing list of witnesses.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Riddhi Gada for Plaintiff present and filed list of
witness tor and marked as Exh.9
None for Defendant.
Matter is adjd.to 15-09-2021 for List of witness of
Defendant.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Both Parties are absent when called out.
Matter is adjd. to 28.10.2021 for evidence (ex-parte)
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Mukesh Bhagat along with plaintiff present.
Adv. Vaibhav Sharma for defendant present.
Adv. Mukesh Bhagat submitted that the plaintiff should have filed evidence of witnesses as per schedule of trial Exh. 8 today, but matter is kept on 28-10-2021. He further submitted that he may be allowed to file affidavit of evidence of the plaintiff and list of documents. - Permission granted.
The adv. for plaintiff filed affidavit of evidence of PW - 1 Navin t.o.r. and marked as Exh. 10
He also filed list of documents t.o.r. and marked as Exh. 11
Adv. for defendant filed list of witnesses t.o.r. and marked as Exh. 12.
Copies Exh. 10 and 11 are supplied to Adv. for defendant.
Copy Exh. 12 is shown to Adv. for plaintiff and he noted the same.
Matter is adjd.to 18-10-2021 for R/E P.H. (Cross
examination of PW – 1) 12.30 pm
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble 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.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Mukesh Pabari for plaintiff present and filed adjournment application t.o.r. and marked as Exh.13
Adv. Vaibhav Sharma for defendant present.
Considering contents in Exh. 13, matter is adjourned for cross examination of PW – 1 with consent of both sides to 05-01-2022. Exh. 13- allowed.
Matter is adjd. to 05-01-2022 for R/E P.H.( cross
examination of PW – 1 (12.30pm)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Mukesh Pabari for plaintiff present and submitted that PW – 1 is not going to come today. He prayed for adjournment.
None for defendant
Matter is adjd.to 01-02-2022 for R/E P.H. (12.00 noon)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv. Mukesh Pabari for plaintiff present and prayed for adjournment – short date be given.
None for defendant
Matter is adjd.to 25-02-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Mukesh Pabari a/w witness Navin Chaganbhai Patel for plaintiff present.
Adv. Akash Menon for defendant present and filed statement of admission and denial t.o.r. and marked as Exh.14
Docments filed with list of documents Exh. 11 are exhibited as under -
Exh. 15 - Various E-mail correspondence.
Exh. 16 - Purchase order dated bearing no. F92/672/16 dtd. 8/12/2016.
Exh. 17 - Lorry receipts no. 008609 to 00848
Exh. 18 - Bill bearing No. 820 dtd. 28/12/2016 an amount of Rs. 6,95,000/-
Exh. 19 - Various E-mails for demanding outstanding dues between 7/03/2017 to 21/03/2017.
Exh. 20 - Defendant’s Reply received through Email dtd. 23/03/2017.
Exh. 21 - Demand Notice through Email dtd. 31/05/2017 to 09/06/2017.
Exh. 22 - Emails for outstanding dues dtd. 16-10-207 to 21-11-2017.
Exh. 23 - Advocate demand notice dtd. 05/04/2018
Exh. 24 - 65-B certificate under Indian Evidence Act.
Chief-Examination by Advocate Mukesh Pabari for plaintiff commenced and completed.
Cross-Examination by Advocate Akash Menon for defendant commenced
Matter is adjd.to 11-03-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Mukesh Pabari for plaintiff present and submitted that he received copy of drft NM from the defendant.
Adv. Vaibhav Sharma for defendant present and tendered draft NM with supporting affidavit t.o.r. and Leave is granted to register the NM.
Matter is adjd.to 31-03-2022 for filing registered NM and
reply. (2.45pm)
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Mukesh Pabari for plaintiff present and filed affidavit in reply in NM No. 1001/22.
Adv. Akash Menon a/w Adv. Vaibhav Sharma for defendant present and filed original registered NM No. 1001/22 with supporting affidavit t.o.r.
Heard both sides in NM No. 1001/22
Matter is adjd.to 07-04-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Pooja Gupta for plaintiff present.
None for defendant
F.R.S.R. following order is passed in NM No.1001/21-
ORDER
1) Notice of Motion No. 1001/2022 is made absolute in terms of prayer clause (a).
2) The plaint in Commercial Suit No. 64/2019 be returned to the plaintiff for presentation to the competent Court within Surat jurisdiction under Order VII Rule 10 of the CPC.
3) N/m No. 1001/2022 is disposed off.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 07-04-2022