Date: 14-09-2018
Business: None for Plaintiff
None for Defendant
Matter is adjd. to 14/12/2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Adv. Kartiki for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed service affidavit in respect of the service to the defendant no.1 and 3. The case is adjourn for service report against defendant no.2.
Matter is adjd. to 05/02/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Adv. Kartiki for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed application for issuance of writ of summons upon defendant no.2.
Order Issue fresh writ of summons upon defendant no.2.
Matter is adjd. to 02/04/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Adv for plaintiff Mr.Kartiki present
Adv for plaintiff submitted affidavit of service with the remark unclaimed.
Matter is Adjd for C/S Hearing to 05/07/2019
Next Purpose: C/S HEARING
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Kartiki for plaintiff.
KB.
Adv. Kartiki for plaintiff present.
None for defendant.
Affidavit of service filed by the plaintiff shows that defendant no. 2 has refused postal packet and again when the summons were sent through the post, the defendant no.2 did not claimed that postal packet.
This is good service.
Defendant no. 2 is absent.
Therefore suit to proceed exparte against defendant no. 2.
Defendant no. 1 is company which has been served suit summons through RPAD. The postal acknowledgement is annexed with the affidavit of service.
Defendant no. 1 has not filed its appearance.
Therefore suit to proceed exparte against defendant no. 1
Adjd for ch/s hearing on 22/8/2019.
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Kartiki for plaintiff present.
None for deft.
Deft. no.3 has not submitted the registered ch/s.
Adv. for plaintiff is ready for argument of ch/s.
Adv. for deft. no. 3 absent. Deft. no. 3 is directed to tender the registered ch/s alongwith affidavit on or before next date without fail. Adjd. to 19.10.2019 for ch/s hearing.
LO
Adv. Kunal Phople for deft. no.3 present.
Original ch/s 1610/18 @ affidavit tendered on record by adv. Kunal. t.o.r.
Already adjd. to 19.10.2019 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Adv Kartiki present for plaintiff present.
None for defendant.
KB for orders.
FRSR.
O.
Adjd to 16.12.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Ram Kutwal for plaintiff present.
None for defendant.
KB
Mater is adjd to 31/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv. Kartiki for plaintiff
None for defendant
This court vide order dtd.19.10.2019 had allowed the Ch/s 1610/18 and condoned the delay caused to the defendant to file the appearance subject to cost of Rs.1000/- to be paid to the plaintiff. It was also directed that on payment of cost the vakalatnama shall be taken on record.
However, till date the defendant did not comply the said order. Even on last date none was present for defendant. Today also no one is present for the defendant. Thus, despite sufficient opportunity the defendant failed to comply the order by paying the cost. Hence, the suit to proceed further without valid appearance of the defendant.
Adjd for Evidence and filing of documents to 05-05-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present.
Adjd to 01-03-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Ram kutwal for plaintiff
None for defendant
Adjd on plaintiff to 23-06-2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 02.07.2021 for ex-parte evidene.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 19.07.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 04.09.2021 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. P. P. Upadhyay for plaintiff present and submitted that he is going to appear in the matter on behalf of the plaintiff in place of earlier adv.. He sought time to file vakalatnama.
Matter is adjd.to 28-10-2021 for EX parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None for plaintiff.
Matter is adjd.to 20-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None for plaintiff.
Matter is adjd.to 17-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None for plaintiff.
Matter is adjd.to 05-01-2022 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Rohit Jaiswal for plaintiff present and prayed for adjournment to file vakalatnama for the plaintiff – short date be given.
Matter is adjd.to 01-02-2022 for ex parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv. Suryakant Patil for plaintiff present and filed vakalatnama t.o.r. and marked as Exh.2
Matter is adjd.to 04-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Suryakant Patil for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 29-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Ishant Nazare for plaintiff present and filed evidence affidavit of witness Ravindra Angara t.o.r. and marked as Exh.2
He also filed list of document t.o.r. and marked as Exh.3
Matter is adjd.to 25-04-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Ishant Nazare for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 14-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: None present when called
Plaintiff is granted last chance to adduce exparte evidence.
Adjd for exparte evidence to 25/07/2022
L. O
Adv. Ishant Nazare for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: PO on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Rekha Jaiswal for plaintiff present and seeks time to file evidence.
Adjd for exparte evidence to 02/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Abhijeet Kharat for plaintiff present.
Affidavit of examination in chief already filed at Exh.2
Plaintiff is present along with advocate.
He admitted contents of affidavit of examination of chief at Exh.2
Following documents are proved in evidence.
Exh-4 Copy of ROC details of defendant No.1 as available from the website of ministry of company affairs.
Exh-5 Office copy of invoice no. 3 dt. 23.05.2015
Exh-6 Original transport receipt dt. 23.5.2015 issued by ACPL Cargo.
Exh-7 Office copy of demand notice dt. 04.01.2017.
Exh-8 colly original postal receipts dt. 05.01.2017
Exh-9 colly Two original acknowledgment cards of defendants No. 1 and 2.
exh-10 Original returned envelope containing demand notice address to the defendants No.3.
Exh-11 Original reply dt. 20.01.2017
Exh- 12 Office copy of rejoinder of plaintiff dt. 06.02.2017
Exh- 13 colly original postal receipts dt. 06.02.2017
Exh- 14 colly Original three acknolwedgment cards.
Exh-15 email dt. 27.01.2017 exchanged between the plaintiff and ACPL Cargo.
Exh-16 Original certificate under section 65B of evidence Act.
Exh-17 Evidence closing pursis filed by adv. for plaintiff. O- R and R.
Adjd for exparte arguments to 05/08/2022 at (2.45pm) pm
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Aviraj Tarar for plaintiff present.
Heard exparte arguments of adv. Aviraj Tarar for plaintiff.
Adjd for exparte judgment to 08/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Mr. Nazare for plaintiff present.
Court is busy in passing orders in other suits hence adjourned.
Adjd for exparte judgment to 20/08/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Suryakant Patil for plaintiff present.
Court pronounced judgment in open court.
Exh- 18 Judgment
FRSR the following order is passed.
ORDER
1. Commercial suit no. 694 of 2021 is decreed with costs.
2. The defendants are directed to jointly and severally pay to the plaintiff an amount of Rs. 7,17,595/- (Rs. Seven Lakh Seventeen Thousand Five Hundred and Ninety five only) with further interest at the rate of 12 percent per annum on the principal amount of Rs. 4,20,259/- from the date of filing of the suit till realization.
3. The defendants shall bear the costs of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open court).
Nature Of Disposal: DECREED
Disposal Date: 20-08-2022
