Date: 06-09-2018
Business: Court is on leave.
Matter is adj for directions on 29.11.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Exh-5 Adv. Abhilash Mahapatra for plaintiff tendered registered N/M No.3993/18 and tendered application for extension time of writ of summons.
O-Allowed.
Matter is adj for filing service report of N/M on 18/02/19.
Next Purpose: REPORT
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: None present.
Matter adj for filing service report on 20/03/19.
Next Purpose: REPORT
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv.Sarita Yadav for plaintiff tendered affidavit of service of the motion on the defendant on 17/11/2018. But failed to file his reply on motion hence motion proceeded without reply.
Matter adj for hearing on N/M No.3993/18 on 22/04/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv.Udaya Shankar for plaintiff present.
Inspite of service of writ of summons and motion on the defendant, failed to appear before the court. Hence suit and motion proceeded ex-parte against defendant.
Heard.Ld.Adv.Udaya Shankar for plaintiff.
Matter adj for order on N/M No.3993/18 on 03/05/19.
Next Purpose: NM ORDERS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: None present.
F.R.S.R following order is passed on N/M No.3993/18
ORDER
1. Notice of Motion No.3993 of 2018 is dismissed with costs.
Matter adj for ex-parte evidence on 11/09/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. F. Yadav for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender affidavit in lieu of evidence @ list of document - TOR.
Witness Aelred Joseph Mascarehnas is present.
Matter adjd to 11.12.2019 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Savita Yadav for plaintiff present.
Adv.for defendant absent.
As court is busy in dictating judgment.
Matter adjd to 16.01.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Mehul Thakkar for plaintiff present.
Adv.for defendant absent.
Witness present.
Matter adjd to 13.04.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
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: ADMISSION DENIAL
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: Commercial Suit No. 234/2020
None present.
As per office order No. 94 of 2020 dated 18.06.2020 board dated- 24.06.2020 is adjd to 13.07.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-10-2020
Date: 29-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 09/11/2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 27/11/ 2020 for admission & denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-11-2020
Date: 27-11-2020
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 15/12/2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv.Sarita Yadav for plaintiff present.
None for defendant.
Plaintiff tendered evidence along with documents. However till to file statement of truth alongwith documents.
Plaintiff is directed to comply as per procedure of Commercial Court Act.
Adjd to 19.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 17.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Reverting suit to original Court on 26.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
Both the parties are absent.
Matter adjd to 16.04.2021 for compliance.
Next Purpose: COMPLIANCE
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 5.5.2021
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 14.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant
Due to rise in Covid cases, matter is adjd to 07.07.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 04.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 27.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv.Somnath Kambleh/f.Adv.Uday Shankar for plaintiff present.
None present for defendant.
The plaintiff requested for time to compliance noted in roznama dated 15.12.2021. He submits that the senior advocate is not feeling well. Time granted.
Matter adjd to 18.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Mr.Aelred Joseph Mascarehnas, representative of plaintiff present.
Adv.Somnath Pandey i/b.Udaya Samudrala for plaintiff present.
None present for defendant.
Adv. of plaintiff filed statement of truth, Exh.8 t.o.r.
The plaintiff has already tendered affidavit of evidence and list of documents on 19.10.2019 at Exh.6 and Exh.7 by order dated 03.05.2019. As seeing in roznama dated 22.04.2019 and 03.05.2019, the suit is proceeded ex-parte against the defendant.
KB for marking of documents,
LO at 02.45 pm
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr. No.1 is tax invoice No.MMU/1779 for the supply of 1,500 kgs. Titanium Dioxide Rutile LCR-821. Read the contents of Para No.5 of affidavit of evidence. It is marked as Exh.9.
2. The document at Sr. No.2 is consignor copy of G.C. note bearing No.10114848 of Kerala Transport company. Read the contents of Para No.5 of affidavit of evidence. It is marked as Exh.10.
3. The document at Sr. No.3 is tax invoice No.MMU/2273 for the supply of 1,500 kgs Titanium Dioxide Rutile LCR-821. Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.11.
4. The document at Sr. No.4 is consignor copy of G.C. note bearing No.10115569 of Kerala Transport company. Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.12.
5. The document Sr. No.5 is statement of \''C\'' forms to be submitted by the defendant. Read the contents of Para No.9 of affidavit of evidence. It is marked as Exh.13.
6. The document Sr. No.6 is office copy of the letter issued by the advocate for the plaintiff to the defendant. Read the contents of Para No.10 of affidavit of evidence. It is marked as Exh.14.
7. The document Sr. No.7 is office copy of letter issued by the advocate for the plaintiff to the defendant. Read the contents of Para No.11 of affidavit of evidence. It is marked as Exh.15.
8. The document Sr. No.8 is original letter received from the defendant\''s advocate. Read the contents of Para No.12 of affidavit of evidence. It is marked as Exh.16.
9. The document Sr. No.9 is office copy of the letter issued by the advocate for the plaintiff to the defendant\''s advocate in reply. Read the contents of Para No.13 of affidavit of evidence. It is marked as Exh.17.
10. The document Sr. No.10 is particulars of plaintiff\''s claim. Not filed in the list.
11. The document Sr No.11 is copy of resolution by the plaintiff company authorising Mr.Aelred Joseph Mascarehnas, General Manager. It is xerox copy, hence, marked as Article-X.
Suit is ex-parte, hence, no cross.
Matter adjd to 07.10.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv.Somnath Pandey h/f.Adv.Udaya Sankar Samudrala for plaintiff present.
None present for defendant.
KB
LO at 12.09 pm
Adv.Somnath Pandey h/f.Adv.Udaya Sankar Samudrala for plaintiff present.
Matter adjd to 12.10.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv.Somnath Pandey h/f.Adv.Udaya Sankar Samudrala for plaintiff present.
None present for defendant.
Plaintiff requested to keep back the matter for filing notice of motion, hence, keep back.
LO at 12.01 pm
Adv.Somnath Pandey h/f.Adv.Udaya Sankar Samudrala for plaintiff present.
Adv. of plaintiff tendered draft notice of motion a/w. affidavit in support. O-Leave granted to register draft notice of motion.
Heard the plaintiff. Suit is ex-parte, no argument of defendant.
ORDER ON DRAFT NOTICE OF MOTION
This notice of motion is taken out by the plaintiff requesting for permission to lead additional evidence. The plaintiff wants to produce the copy of Board Resolution of which photocopy was produced and marked as Article. The plaintiff wants to produce the original copy. Already evidence has been adduced. As the copy of board resolution is marked as Article. The plaintiff wants to get it exhibited by production of original copy. Considering the reasons stated in the notice of motion, the motion is required to be allowed. Hence, I passed the following order.
ORDER
1. Draft notice of motion is allowed.
2. The plaintiff is allowed to lead additional evidence by filing copy of board resolution.
3. Draft notice of motion is disposed off accordingly. It be registered for statistical purpose.
The plaintiff tendered list of documents, Exh.18 t.o.r.
Matter adjd to 21.10.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.34 pm
Adv.Somnath Pandey h/f. Adv.Udaya Sankar Samudrala for plaintiff present.
The plaintiff tendered additional affidavit of evidence, Exh.19 t.o.r.
List of documents, Exh.20 t.o.r.
PW-1, Mr.Aelred Joseph Mascarehnas resumed on S.A.
Certified true copy of resolution passed in the meeting of Board of Directors on 02.04.2018, Exh.21
Suit is ex-parte, hence, no cross.
Matter adjd to 18.11.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv.Somnath Pandey Adv.Udaya Sankar Samundrala for plaintiff present.
None present for defendant.
Plaintiff tendered evidence close pursis, Exh.22 t.o.r.
Matter adjd to 22.11.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv.Udaya Shankar Samudrala for plaintiff present.
None present for defendant.
Heard Ld.Adv. for plaintiff.
Matter adjd to 06.12.2021 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv.Somnath Pandey i/b.Adv.Udaya Sankar Samudrala for plaintiff present.
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.7,98,197/- (Rupees Seven Lakh Ninety Eight Thousand One Hundred Ninety Seven Only) alongwith interest at the rate of 24 percent p.a on the principal amount of Rs.5,95,670/- (Rupees Five Lakh Ninety Five Thousand Six Hundred Seventy Only) from the date of filing of suit till realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 06-12-2021