Date: 01-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant absent.
Adv for plaintiff tender original writ of summons.
Matter adjd to 13.04.2020 for affidavit in service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: adjd to 15.07.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 24/11/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 17/12/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv. Lakhani for plaintiff present.
None for defendant.
Advocate for plaintiff is present fail to file affidavit of service, fail to take steps.
Matter adjd to 20.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. S. G. Lakhani for plaintiff present.
Adv.for defendant absent.
Issue fresh writ of summons to the defendant marked at Exh. 2
Matter adjd to 20.02.2021 for issues writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv.S. G. Lakhani for plaintiff present.
None for defendant.
Ld adv for the plaintiff seeks time to take steps time granted.
Adv.for defendant.
Matter adjd to 9/3/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Lakhani for plaintiff present.
None present for defendant.
The plaintiff had filed affidavit of service of summons, Exh.3 t.o.r.
Defendant not served.
Application, Exh.4 filed by Adv. of plaintiff for issuance of summons t.o.r.
O-Issue summons to the defendant by email through court.
Affidavit in support of the application for service by email filed by Adv. of plaintiff, Exh.5 t.o.r.
Matter adjd to 01.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: plaintiff absent.
Defendant absent.
Adv. S. G. Lakhani for plaintiff present.
Adv. for defendant absent.
affidavit in support of the application for service by email filed by Adv. for plaintiff Exh.
6.
Matter adjd to 08.04.2021 for order against defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv.S. G. Lakhani for plaintiff present.
Adv.for defendant absent.
Matter adjd to 06.05.2021 for await Service report.
Next Purpose: REPORT
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 26.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 06.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv.S.G.Lakhani for plaintiff present.
None present for defendant.
Read the affidavit of service, Exh.6. Summons is served on the defendant by email. The defendant is absent. Suit to proceed ex-parte.
Matter adjd. to 07.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv.Sudhakar Lakhani for plaintiff present.
None present for defendant.
Plaintiffs witness present.
Plaintiff tendered statement of truth, Exh.7 t.o.r.
Plaintiff tendered affidavit of evidence, Exh.8 t.o.r.
Plaintiff tendered list of documents, Exh.9 t.o.r.
Evidence closure pursis, Exh.10 filed by Adv. of plaintiff t.o.r.
True Copy of Power of Attorney, Exh.11 t.o.r.
Witness Mr.Shaji John, PW-1 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded
Order on Evidence Affidavit regarding exhibition of documents.
1. The document at Sr.No.2 is copy of mediation application form and copy of cheque of mediation fee (page Nos. 3 to 6). Same is matter of record. Hence, no need to admit and exhibit. Hence, marked as Article-X colly.
2. The document at Sr.No.3 is xerox copy of non-starter report for the per-institution mediation (page No.7). Same is matter of record. Hence, no need to admit and exhibit. Hence, marked as Article-X1.
3. The document at Sr.No.4 is office copy of invoice No.15/20847.01 dated 22.03.2016 for Rs.1,82,784/- (page Nos.8 to 11). Read the contents of Para No.5 of affidavit of evidence. This document is marked as Exh.12 colly.
4. The document at Sr.No.5 is office copy of invoice No.15/20841.01 dated 22.03.2016 for Rs.1,82,784/- (page Nos.12 to 17). Read the contents of Para No.5 of affidavit of evidence. This document is marked as Exh.13 colly.
5. The document at Sr.No.6 is office copy of invoice No.15/20840.01 dated 30.03.2016 for Rs.1,12,863/- (page Nos.18 and 19). Read the contents of Para No.5 of affidavit of evidence. This document is marked as Exh.14.
6. The document at Sr.No.7 is office copy of invoice No.15/20839.01 dated 30.03.2016 for Rs.11,832/- (page Nos.20 and 21). Read the contents of Para No.5 of affidavit of evidence. This document is marked as Exh.15.
7. The document at Sr.No.8 is true copy of dishonored cheque alongwith bank Memo (page nos.22 and 23). These are xerox copies not the original documents, hence, marked as Article-X2 colly.
8. The document at Sr.No.9 is office copy of notice dated 14.07.2018 (page No.24 to 26). Read the contents of Para No.7 of affidavit of evidence. This document is marked as Exh.16.
Suit is ex-parte, hence, no cross.
Evidence closure pursis is already filed at Exh.10.
Matter adjd to 21.09.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv.S.G.Lakhani for plaintiff present.
None present for defendant.
Partly heard final argument of Adv. of plaintiff. No argument of defendant.
Matter adjd to 23.09.2021 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.18 pm
None present.
Matter adjd to 27.09.2021 for further argument/judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv.S.G.Lakhani for plaintiff present.
None present for defendant.
KB
LO at 02.48 pm
Adv.S.G.Lakhani for plaintiff present.
Heard argument.
Matter adjd to 30.09.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is partly decreed with costs.
2.The defendant do pay to the plaintiff the amount of Rs.4,80,700/- (Rupees Four Lakhs Eighty Thousand Seven Hundred Only) together with interest at the rate of 11 percent per annum from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 30-09-2021
