Date: 07-12-2019
Business: Adv. Amiy Kumar for plaintiff present and seeks leave to serve fresh writ of summons. O-Issue fresh writ of summons.
Matter stands Adj for service of writ of summons to 09.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Ameya Kumar for plaintiff present and submitted that there is office objection regarding lodging number. Therefore, writ of summons could not be taken out. He prayed for time. Time granted.
Matter stands Adj for service of writ of summons to 30.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Call out at 11.10 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.10 pm
Adv. Amaya Kumar for plaintiff present and submitted that writ of summons has been issued to the defendant on 18.01.2020, but report is awaited.
Matter stands Adj for awaiting writ of summons to 18.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Called out at. 11.30 am
Adv. Ameya Kumar for plaintiff present and filed application for issuance of fresh writ of summons.
Application filed on behalf of plaintiff for issuance of fresh writ of summons. O-Issue fresh writ of summons on defendant.
None present for defendant.
Writ of summons issued to the defendant no. 18.01.2020. Report awaited.
Matter stands Adj for writ of summons to 11.03.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Called out at 11.30 am.
Adv. Gaurav Purohit for plaintiff present and submitted that the defendant has been served with writ of summons on 05.03.2020 by speed post as per track report. Hence, sought time to file affidavit of service after getting report by the defendant.
None present for defendant.
Matter stands Adj for filing affidavit of service to 08.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
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: 11-05-2020
Date: 11-05-2020
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: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
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: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 29/10/20
Next Purpose: AFFIDAVIT OF SERVICE
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 affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
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 26/11/2020 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 21.12.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 13.01.2020 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.Gaurav Purohit for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for fresh issuance of summons to the defendant, Exh.3 t.o.r. O-Issue fresh summons to the defendant.
Matter adjd to 09.02.2020 for Return of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv.Kunjal Patil i/b. King Stubb and Kasira for plaintiff present.
None present for defendant.
Ld. Adv.for plaintiff submits that fresh summons to defendant issued. Reports are awaited.
Matter adjd to 06.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 20.03.2021 for steps by plaintiff/order against plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv.Amiy Kumar for plaintiff present.
None present for defendant.
The plaintiff has filed affidavit of service of summons, Exh.3. Defendant served with suit summons on 06.02.2021. The defendant had not appeared in the suit.
Letter received from defendant on 20.02.2021 by this Court. The defendant had filed application, Exh.4 through Court.
O-Plaintiff to note and say.
Matter adjd to 12.04.2021 for order against defendant and say on Exh.4 by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2021
Date: 12-04-2021
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 30.4.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 3.7.2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv.Kunjal Patil i/b.King Stubb and Kasiva for plaintiff present.
None present for defendant.
Read Exh.4, the letter forwarded through post by the defendant. The defendant is at liberty to file notice of motion a/w. affidavit raising objection to the jurisdiction.
Matter adjd to 07.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Gaurav Purohit i/b.King Stubb and Kasiva for plaintiff present.
None present for defendant.
Plaintiff is informed with the order on Exh.4. Plaintiff wants to file say on Exh.4, hence, adjourned for filing say on 26.10.2021.
Next Purpose: REPLY
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Amiy Kumar present for plaintiff.
None present for defendant.
Plaintiff filed reply (Exh.05) to Exh.05 t.o.r. copy of the same is kept for the defendant.
Matter adjd to 27.11.2021 for hearing on Exh. 04.
Next Purpose: HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
None present for defendant.
Heard Adv.of plaintiff on Exh.4. No argument of defendant on Exh.4.
Matter adjd to 13.12.2021 for order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: ORDER
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv.Prashant Dingrani i/b.King Stubb and Kasiva for plaintiff present.
None present for defendant.
KB for order on Exh.4.
LO at 05.00 p.m
F.R.S.R. the following order is passed below Exh.04.
ORDER
1. Application (Exh.04) is rejected.
2. Costs shall follow the event.
Matter adjd to 28.01.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. Amiy Kumar i/b King Stubb & Kasiva Advocates & Attorneys present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to .18.02.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 24.03.2022 for order against defendant.
Judge
LO at 11.32 pm,
Adv.Amiy Kumar i/b.King Stubb and Kasiva for plaintiff present.
Matter adjd to 24.03.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adjd to
Next Purpose: ORDER
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.06.2022 for order against defendant.
Judge
LO at 12.20 pm,
Adv.Prashant Dingrani i/b.King Stubb and Kasiva for plaintiff present.
Matter adjd to 23.06.2022 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: None present.
KB.
LO 12.45 pm.
Adv. Prashant Bindrani Present for Plff.
None Present for Deft.
Deft appeared in this matter on 20/03/2021. His application (Exh.4) for dismissal of suit came to be rejected on 03/01/2022. Deft has not filed WS hence, suit be proceeded without WS of deft.
Adj. For Evidence on 28/07/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: PO is on leave
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Amaykumar Present for Plff.
None Present for Deft.
Adv of plff seeks time for adducing evidence. Granted.
Adj. For Ex-parte evidence on 21/09/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: None present.
KB LO 4.50.
Case is for evidence without WS. However plff is absent since long.
Hence case be fix for Dismissal order on 15/10/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Amiy Kumar Present for Plff.
None Present for Deft.
KB 3.00 pm
Ex.05- Adv of plff has filed adjournment application on the ground that the authorised representative of plff has left the organization and new officer has taken the charge. The new officer of plff is in process of collecting original documents.
Record shows that plff is absent since long, case is for evidence without WS. As the plff has not adduced evidence matter was posted for dismissal order. It seems that after taking harsh steps against plff advocate of plff taken pains to file this written application for adjournment. As such to have an opportunity last chance granted for adducing evidence.
The plff shall adduce evidence on next date without fail otherwise the matter will be dismissed for want of prosecution.
Adj. For Evidence without WS and Dismissal order on 17/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Amiy Kumar I/b King Stubb and Kasiva Present for Plff.
None Present for Deft.
Ex.06 - Adv of plff has filed chief examination of PW-1.
PW-1 Ms. Hinal Bharat Gohil Present oath given to witness.
Ex.07 - Adv of plff has filed document with list.
Heard Adv.of plaintiff on the point of exhibiting documents. Defendant and his advocate absent. Suit is without written statement. Document at Sr.no.2,4 to 11 are the documents filed by plff with list Ex.07 and its copy was filed with plaint. Document at sr.no.1 is board resolution dt. 17/02/2022 and thereby plff authorized PW-1 Ms. Hinal Gohil. Hence document no.1,2,4 to 11 are exhibited as under.
Ex.08 – Original Copy of Board Resolution dt. 17/02/2022.
Ex.09 – True copies of office copies of the said purchase order dt. 21/03/2013.
Ex.10 - Office copy of the performa invoices cum order confirmation bearing OC no. 002003861 dt. 12/04/2013 and OC No. 0020041141 dt. 16/07/2013.
Ex.11 - Office copies of the tax invoice bearing invoice no. 140002896 and 140002897 both dt. 28/09/2013.
Ex.12 - Office true copy of MOM dt. 25/03/2015.
Ex.13 - True copies of email dt.22/07/2015.
Ex.14 - True copies of email dt.07/12/2015 and 08/12/2015.
Ex.15 - True copy of email dt. 09/12/2015.
Ex.16 - True copies of email dt.10/12/2015, 04/10/2016, 05/10/2016 and 05/01/2017.
Ex.17 - Office copy of the demand notice dt. 17/05/2017 issued to the defendant by the plaintiff.
Deft and their counsel absent and hence no cross examination by defendant.
Adj. For Further evidence of plff on 01/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Amiy Kumar i/b. King Stubb & Kasiva advocates and Attorneys for plaintiff present.
Exh.18 Advocate of plaintiff has filed evidence closure pursis.
KB for judgment.
FRSR following order is passed.
ORDER
1. Suit is decreed with costs as under.
2. Defendant is directed to pay the plaintiff a sum of Rs.11,87,721/- with interest @ of 18% p.a. from the date of suit till realization of the amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 01-12-2022