Date: 01-11-2019
Business: None present.
Issue Writ of summons against defendant for settlement of issues and filing W/s on payment of PF.
Adjd. to 30.11.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Ajay Lokhande for plaintiff
Ex 2 He filed affidavit of service. t.o.r
As per it summons is duly served upon defendant but he is absent.
He also filed Writ of summons along with affidavit t.o.r.
Adjourned for direction to 21.12.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Ajay Lokhande for plaintiff present.
None present for defendant.
As per Exh2 summons is duly served upon defendant but he fail to remain present.
Therefore, suit is to proceed Ex-parte against defendant.
Adjourned for Exparte evidence to 18.01.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Adv. Ajay Lokhande for plaintiff present.
He sought adjournment.
O- short adjournment is granted.
Adjourned to 21.01.02020 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Kiran Mohite for plaintiff present.
KB
LO
Exh.3 Adv. for plaintiff filed evidence affidavit of PW1 Nitin Phadatare t.o.r.
Exh.4 He also filed compilation of documents t.o.r.
KB
LO
Exh.5 Adv. for plaintiff also filed affidavit of PW2 Rajesh Shah.
Exh.6 He also filed compilation of document t.o.r.
Adjourned for 22.01.2020 for marking documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Kiran Mohite for plaintiff present.
PW1 and PW2 are present.
KB
LO
Adv. Kiran Mohite along with Loknade for plaintiff present.
Perused affidavit of evidence of PW1 Nitin Phadatare and PW2 Rakesh Shah and compilation of documents at Exh.4 and 6.
Considering the affidavit of PW2 Rakesh Shah certificate under section 65B of the Evidence Act is marked exhibit, so also considering his evidence document at Sr. No. 4 I.e ledger account of Mrs Kay Kay Overseas corporation, Document at Sr. No. 6 i.e emails are collectively marked exhibit.
Exh.7 Certificate under section 65B of the evidence act.
Exh.8 Ledger account of Mrs Kay Kay Overseas corporation
Exh.9(colly) Two emails
Considering the affidavit of evidence of PW1 following documents are marked exhibit considering the same are coming through proper custody.
Exh.10 Certified true copy of resolution passed in meeting of board of directors dated 20.08.2016
Exh.11 Office copy of invoice dated 22.01.2015
Exh.12 Original invoice dated 22.01.2015 raised by supplier.
Exh.13 Ledger account of Mrs Ankit computer maintained by plaintiff.
Exh.14 (Colly) Office copy of notice dated 16.05.17 along with acknowledgement.
Adv. for plaintiff filed application for issuing witness summons to bank manager.
Issue witness summons as prayed for.
Adjourned for R/E of witness to 4.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv Kiran Mohite for plff present.
Nitin Phadtare, Director of plff present.
Exh 16 - Adv for plff filed list of documents containing certificate u/s 65(B) of Indian Evidence Act and certificate u/s 2A of the Bankers Book evidence Act in respect of bank statement of plff / M/s. Unity IT Technology Pvt. Ltd. t.o.r.
Exh 17 - PW-3 Kunjan Ishwardas Patel present and his examination-in-chief recorded. Witness discharged.
Exh 18 (colly) - Banks Statements.
Exh 19 (colly) - Certificate u/s 65(B) of Indian Evidence Act and certificate u/s 2A of the Bankers Book evidence Act.
Exh 20 - Adv for plff filed evidence closure puris.
Matter stands Adj for arguments to 07/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Plff and its Adv absent.
Adv Kiran Mohite @ Prajit Manjarekar for plff present.
Partly heard arguments.
Matter stands Adj for further arguments to 14/02/2020.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv Kiran Mohite for plff present.
He seeks time arguments. Granteed.
Matter stands Adj for arguments PH to 21/02/2020.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv Kiran Mohite for plff present.
Heard Adv for the plff.
Matter stands Adj for Judgment to 25/02/2020.
Next Purpose: JUDGMENT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv for plff absent.
Matter stands Adj for Judgment to 28/02/2020.
Next Purpose: JUDGMENT
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Kiran Mohite for plaintiff present.
Judgment is delivered in open court.
FRSR following order is passed.
ORDER
1.Suit is decreed with costs.
2.Defendant shall pay Rs.13,74,562/- along with interest at the rate of 12 per annum from the date of suit till its realization.
3.Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 28-02-2020
