Date: 27-01-2020
Business: Advocate Pooja Pangale for plaintiff is present.
None present for defendant.
Issue writ of summons.
Adjourned for writ of summons to 15.02.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Advocate for plaintiff is present.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Advocate for plaintiff filed application at Exh. 05 for extension of time to serve writ of summons. O-allowed.
Adjourned for service of writ of summons to 28.03.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: National Lockdown
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Advocate Mr. Narendra Devansh for plaintiff is present and filed application at Exh.06 for extension of time to serve writ of summons upon the defendant through speed post. Request is allowed.
Adjourned for service of writ of summons to 25.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Narendra Devansh for plaintiff present.
None for defendant
Exh. 7 – service affidavit submitted by plaintiff, on perusal of endorsement on RPAD – defendants no. 1 and 2 has unclaimed the summons. Hence, suit to proceed (ex-parte) against defendant no. 1 and 2.
Matter is adjd.to 10-03-2021 for hearing (ex-parte)
Next Purpose: HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Narendra Devvansh for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 24.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 25.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both the parties absent when called out.
Adjourned to 07.09.2021 for arguments.
Next Purpose: HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Narendra Devansh for plaintiff present.
kb Lo
Adv. Narendra Devansh for plaintiff and witness Jignesh Dhirajlal Rajgor present and filed affidavit of evidence of PW-1 Jignesh Dhirajlal Rajgor , T.O.R. and marked as Exh.8
List of documents T.O.R and marked as Exh.9
PW-1 Jignesh Dhirajlal Rajgor stated on oath that affidavit Exh.8 bears his signature and contents therein are correct. He also proved documents filed with list Exh.9 and they are as under
Exh.10 – Copy of the company status available from the website of the Ministry of Corporate Affairs.
Exh.11 – Extract of the board resolution dtd. 16-07-2018.
Exh.12 – Office copy of the Tax invoice.
Exh.13 – Office copy of the said Consignment Note.
Exh.14 colly – Certified copies of three cheques along with their corresponding bank memos.
Exh.15 – Certified copy of the office copy of the demand notice.
Exh.16 – Certified copy of the office copy of the postal receipt.
Exh.17 colly – Certified copies of two A.D. Cards and their corresponding track reports.
Exh. 18 – Evidence closed pursis.
Matter is adjd.to24-09-2021 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Narendra Devvansh for plaintiff present and filed written argument as well as two citations with list t.o.r. and marked as Exh.19colly.
Heard Ld. Adv. for Narendra Devvansh for plaintiff.
Matter is adjd.to18-10-2021for ex parte Judgment 4.00pm
Next Purpose: EX-PARTE JUDGEMENT
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: EX-PARTE JUDGEMENT
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Narendra Devansh for plaintiff present.
Court is busy in orders in NM No. 1408/21, 1409/21, 1019/21, Judgment in Com Su. 195/19 and withdraw order in Com Su No. 77/21
Matter is adjd.to 09-11 -2021 for ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Narendra Devansh for plaintiff present.
Exh.20 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 268/2019 is partly decreed.
2. The defendant is directed to pay amount of Rs. 14,58,333/- (Rupees Fourteen Lakhs Fifty-eight Thousand Three Hundred Thirty-three Only )to the plaintiff within three months from the date of decree.
3. The defendants are further directed to pay interest at the rate of 12% p.a. on principal amount of Rs. 8,96,582/-from the date of the suit till realization.
4. The defendants shall bear the costs of the suit.
5. Decree be drawn up accordingly
Nature Of Disposal: PARTLY DECREED
Disposal Date: 09-11-2021