Date: 07-08-2019
Business: Fresh matter assigned to this Court.
Adv. Archana Lad for plaintiff present.
On the reuqest of Ld. Counsel for plaintiff time is extended to serve writ of summons on defendants. Plaintiff to file service affidavit.
Matter adjd for service affidavit on 13/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Archana Lad for plaintiff present.
On the request of Ld. Counsel for plaintiff time is extended for service of writ of summons on defendant.
Matter adjd for service affidavit on 10/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Laxmi Ingale for plaintiff present.
Ld. counsel for plaintiff filed original writ of summons. TOR.
As per Bailiff report D-2 the proprietor of D-1 has instructed his the office staff not to accept the summons. It is nothing but refusal to the accept the summons. As such refusal amounts to proper service. None appeared for defendants.
Matter adjd for passing exparte order on 22/10/2019.
Next Purpose: ORDER
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Santosh Wagh for plaintiff present.
As per last roznama defendants were served with suit summons. On that day as well as today none appeared for defendants. Hence suit to proceed exparte against defendant.
Matter adjd for exparte R/E on 13/11/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Archana Lad for plaintiff present.
Suit proceeded exparte.
Exh.3 Evidence affidavit of PW-01 Ashok Kumar S. Garg. TOR.
Exh.4 List of documents. TOR.
Matter adjd for exparte R/E on 09/12/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Sandip for plaintiff present.
Suit is already proceeded exparte against deft.
Matter adjd for Hearing of admissibility of documents on 15/01/2020 at 11.00am
Next Purpose: HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Archana Lad for plaintiff present.
Plaintiff is present.
Suit already proceeded ex-parte against deft.
Heard Advocate of plff on Admissibility of documents. The Ld Adv appearing for plff has submitted that she is not pressing to mark emails filed at Serial No.27 to 29 of list of document Exh.04.
Order passed at the deposition of PW1 Mr.Ashok at Exh.03 regarding admissibility of documents relied in evidence affidavit and filed with compilation of documents at Exh.04. Following documents are marked as Exhibit.
Exh. No
05-Original copy of the Delivery Challan
06-Weighbridge Receipt No.65678
07-Transport Co. Sharvary Roadlines Receipt No.510
08-Transportation Receipt of Sharvary Roadlines for consignment note No. 315
09-Tax invoice for Rs.1,64,897/-
10-Delivery Challan No. PS/2247/17-18
11-The Original weighbridge Receipt No.20542
12-The Original Transport Co. Receipt No.600 of Sharvary Roadlines.
13-The Original Receipt of Gaurav Transport Service for Consignment Note No.198
14-The Office copy of Tax Invoice for Rs.1,39,441/-
15-The office copy of Delivery Challan No.PS/2273/17-18
16-The Original Weighbridge Receipt No.24324.
17-The Original Transportation Receipt No.410 of Shree Sevagiri Roadlines
18-The office copy of Tax Invoice for Rs.3,42,030/-
19-The office copy of delivery challan No. PS/2285/1718
20-The original weighbridge Receipt No.36365
21-The original Transportation receipt no.262 of Gaurav Transport Service.
22-The office copy of Gaurav Transport Service for Consignment Note No.219.
23-The office copy of Tax Invoice for Rs.1,66,663/-
24-The office copy of delivery challan no.PS/2295/17-18.
25-The Original weighbridge Receipt No.16603
26-The Original Transport Receipt No.612 of Sharvary Roadlines
27-The office copy of Transport receipt for consignment Note.363
28-The office copy of Tax Invoice for Rs.6,58,677/-
29-The Original copy of Confirmation of account showing out standing balance of Rs.15,13,423/-
The Ld Adv appearing for plff has submitted that plaintiff is not pressing to mark emails at page no.27 to 29 as Exh. Therefore the said emails are not considered for marking as Exhibit.
30-The Original cheque for Rs.8,00,000/-
31-The Original Cheque Returned memo for Cheque No.014296.
32-The Original cheque for Rs.6,71,708/-
33-The Original cheque returned memo for cheque No.014310.
34-The office copy of legal Notice issued by B. K. BARVE and Co.
35 colly.-The Original dispatch Receipt.
36Colly.-The Original Unserved Package of Defendant No.1, at their Bhivandi addressed.
37Colly-The Original Unserved package of Defendant No.1 at their Bhandup Addressed.
38Colly.-The Original Unserved Package of Defendant No.1 at their Mulund Addressed.
39Colly.-The Original Unserved Package of Defendant No.2 at their Bhandup addressed.
40-The Office Copy of Legal Notice issued by B.K. BARVE and CO.
41-The original Dispatched Receipt
42-The Original Acknowledgement card of Defendant no.2 at their Mulund Addressed.
Matter adjd for further witness of plff on 18/02/2020 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Shital Tanpure for plaintiff present.
None for defendant. KB. L.O. at 12.06 pm
Ex.43 Ld Adv for plaintiff filed evidence close pursis t.o.r. O- Seen.
Matter adjd for ex-parte argument to 27-02-2020 at 11.00 am.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. B.K. Barve for plaintiff present.
None for defendant.
Suit already proceeded ex-parte against deft.
Heard Ld Adv for plaintiff.
Matter adjd for exparte judgment to 29-02-2020 at 2.45 pm.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Archana Lad I/b B. K. Barve and Company for plaintiff present.
Adv. for defendant present.
F.R.S.R. following order is passed.
ORDER
The suit is decreed with costs as under -
1. The Defendant no. 1 and 2 are jointly and severally to pay to the plaintiff amount of Rs.14,71,708/- (Fourteen Lacs Seventy One Thousand Seven Hundred and Eight Only) with interest at the rate of 9 percent per annum from the date of filing the suit i.e. 21/06/2019 till it\''s full realisation.
2. Decree be drawn-up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 29-02-2020
