Mohit Diamonds Sum.Suit No.1350 of 2017VsDow Gems (INC) +1 more

Date: 19-07-2018
Business: Adv. Manoj Angre for Plaintiff present.
Adv. Vinod Prajapati for Defendant no.4 present.
The advocate for plaintiff has filed registered Summons for Judgment no.159/18 alongwith affidavit, TOR.
Matter is adjd. to 25/09/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: None for Plaintiff
Adv. Jariwala for Defendant no.2 present.
Matter is adjd. to 14/01/2019  for Steps against the defendant no.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Adv. Angre for Plaintiff present.
Adv. Jariwala for Defendant no.2 present.
The defendant no.2 has not filed the reply on Summons for Judgment within 10days from the date of service of S/J/.
         The plaintiff has filed application for issuance of fresh writ of summons upon the defendant no.1 on his email ID. The plaintiff is directed to file the supporting affidavit regarding Email ID of Defendant no.1.
Matter is adjd. to 08/02/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Business: None for Plaintiff.
Adv. Shashwat Jariwala for Defendant no.2 present.
Advocate for defendant no.2 has filed draft Notice of Motion alongwith affidavit, Tor.
Order  Leave is granted to register the N/M.
He has also filed affidavit in reply to the S/J no.159/18, TOR subject to confirmation.
Matter is adjd. to 11/03/2019 for N/M reply.
L.O.
Adv. Manoj Angre for plaintiff present.
Next Purpose: REPLY
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Adv. Manoj Angre for Plaintiff present.
Adv. Jariwala for Defendant no.2 present.
Advocate for defendant no.2 has filed registered N/M no.701/19 alongwith affidavit, TOR.
Advocate for plaintiff has filed reply on the overleaf of the N/M.
Order  Read the N/M no.701/19 and reply. Heard. Considering the reason mentioned in the NM for condoning the delay it appears that it is not intentional, malafide hence N/M is allowed. The delay cause in giving the appearance by advocate for defendant is condoned, subject to cost of Rs.1500/- payable by the defendant to the plaintiff on or before the next date. Notice of Motion no.701/19 is disposed of accordingly.
Matter is adjd. to 01/04/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Adv for plaintiff Mr.Girish Kedia present
Adv for deft No.2 Mr.Jariwala present
Adv for plaintiff stated that he has received cost as per the order in N/M 701/19.
Adv for plaintiff  stated that he will file rejoinder to the reply of deft no. 2 on next date.
Adv for plaintiff has submitted application to issue summons by email
O-Plaintiff has fail to show that such email address of defendant is register in any govt record.
Therefore adv for plaintiff to argue on such application on next date.
Matter is Adjd for Steps against deft no. 1 to 31/07/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: None for plaintiff.
Adv. Zariwala for defendant no.2.
Adjd for service to Defendant no.1 on 21/10/2019
Next Purpose: SERVICE
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: Holiday declared on account of election.
Next Purpose: SERVICE
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Agare for plff. present.
None for deft.
Rejoinder to SJ 159/18 filed by plff. t.o.r
Heard the Ld adv. on behalf of the plaintiff. He contended that in view of judgment of Hon\''ble Bombay high court in the case of Madhav Vishwanath Vs M/s Bendale brothers in WP no. 4217/18 decided on 7/8/2018 summons can be issued and served on deft. no. 1 via email. Therefore, he requested to allow the application dated 14.01.2019 filed alongwith affidavit dated 08.02.2019. I have carefully gone through the decision of the Hon\''ble Bombay High court in the case of  Madhav Vs M/s Bendale. In para 12 of the judgment the Hon\''ble High court observed that substituted service of summons may be in such other manner as the court thinks fit. It also held that the court can take in to account the modern ways of service which are available due to internet connection like email or whatsapp etc. Thus, in view of the decision of Hon\''ble Bombay High court service of summons by substituted mode can be effected via email or whatsapp. Coming to the case in hand defendant no. 1 is having the address of New York USA. Summons was issued under RL 3410 dated 08.12.2017 and RL 2875 dated 20.10.2018. Thus, twice the summons was issued. However, neither acknowledgment card nor the answered packet has been returned. Thus, summons can not be served on defendant no.1 in the ordinary way. Resultantly, order V rule 20 of CPC must be taken recourse of.  As already noted in view of decision of the Hon\''ble Bombay high court in the case of Madhav Vs Bendale, summons can be issued and served by email or whatsapp. In the case in hand the defendant no. 1 had replied to the plaintiff vide notice dated 01.09.2017. Same notice contains email of defendant no. 1. In this background it is just and proper to send the summons for service under order V rule 20 of CPC by email. Hence, the application dated 14.01.2019 is allowed. Issue summons to defendant no.1 under order V rule 20 of CPC via email and on email ID of defendant no.1 as dowgems@gmail.com.
Adjd. to 20.01.2020 for SJ
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Manoj Angre for plaintiff
None fo defendant
Adv for plaintiff filed
Exh.9-Service affidavit.
As per order dtd.23.11.2019, the plaintiff has issued summons to the defendant by e-mail. The affidavit of service @ the copy of E-mail shows that the summons was issued to the defendant No.1 by e-mail. The affidavit also states bounce e-mail is not received by the plaintiff. In other words, the plaintiff is not reported regarding bounce of the e-mail. Thus, there has been proper service of summons by e-mail as permitted vide order dtd. 23.11.However, defendant No.1 did not appear. Hence, suit to proceed Ex-parte against defendant No.1.
Adjd for SJ Hearing in respect of defendant No.2 and Ex-parte evidence against defendant No.1 to 08.04.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present
Adjd to 22-04-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None present for both parties.
KB
LO
Adv Manoj Agre for Plaintiff present.
Defendant no.1 is exparte. Defendant no.2 is represented by Aroma Law. They are absent. Defendant no.2 and there Ld. Adv are directed to appear before this Court on 23.08.2021 failing which further order will be passed.
Matter is adjd to 23.08.2021 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None present for both parties.
Matter is already adjd to 12.11.2021 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: None present for Plaintiff.
& SJ 159/18	None present for Defendant.
	Matter adj. to 17/12/2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: As the Court is busy in hearing argument in SU No.4471/09, and dictating judgment in SU No.6432/04. Therefore, board is discharged.
Matter is adjd. to 08/02/2022 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
Matter is adjd. to 04-03-2022 for Ex-Parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Advocate Mrs. Ujwala Karpe  for plaintiff present.
None for defendant.
kb
Later on
None present.
Matter is adjd. for ex-parte evidence to 24-06-2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Adv.Girish Kedia present for plaintiff.
None present for defendant.
Matter stands adjourned for hearing on SJ on 27-09-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: As Court is on leave, matter adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv.Ujwala Karpe present for plaintiff.
None present for defendant.
Matter stands adjourned for SJ hearing on 09-01-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Adv.Ujwala Karpe present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for SJ hearing on 11-03-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Adv.Ujawala Karpe h/f Girish Kedia present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for Summons for Judgment hearing
on 02-07-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-07-2024

Date: 02-07-2024
Business: Adv. Ujwala Karpe h/f Girish Kedia present for plaintiff.
None present for defendant.
Kept back
L.O. at 1.05 pm.
Adv.Girish Kedia present for plaintiff.
None present for defendant.
Plaintiff is directed to tender the original documents.
Matter stands adjourned for Summons for Judgment hearing
on 23-09-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: Adv. Ujwala Karpe i/b Girish Kedia present for plaintiff.
None present for defendant.
Kept back.
Later On at 12.50 pm
Adv. Ujwala Karpe i/b Girish Kedia present for plaintiff, tendered adjournment application TOR marked as Exh.10.
None present for defendant.
Matter stands adjourned for Summons for Judgment hearing
on 09-10-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Adv. Girish Kedia present for plaintiff, tendered list of documents TOR.
None present for defendant.
Heard the counsel of plaintiff.
Put up for argument of defendant.
Matter stands adjourned for Summons for Judgment hearing
on 27-11-2024.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Adv. Girish Kedia present for plaintiff.
None present for defendant.
Heard.
Ex-parte Judgment Exh.11.
F.R.S.R. following order is passed-
ORDER
1.Summary Suit No.1350 of 2017, is hereby partly decreed with costs.
2.Plaintiff is entitled to recover an amount of Rs.57,15,028/- alongwith interest at the rate of 9 percent per annum from the date of filing of the suit till its full realisation from defendant No.1.
3.Summons for Judgment No.159 of 2018 stands disposed of against defendant No.2 as not pressed.
4.Court fees, if any, be refunded as per rule.
5.Decree be drawn up accordingly.
 (Judgment dictated and pronounced in open Court)
Nature Of Disposal: OTHERWISE
Disposal Date: 27-11-2024

Registration Number: 100159/2018
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100159/2018
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Filing Number: 107094/2018
Filing Date: 01-06-2018
First Hearing Date: 19th July 2018
Decision Date: 27th November 2024
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE