Date: 30-09-2019
Business: Adv. Sujata Natekar for plaintiff present.
Plaintiff to file proof of service of writ of summons.
Adjourned for affidavit of service of writ of summons to 23.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: None present for the plaintiff.
Affidavit of service not filed.
Adjourned for filing affidavit of service to 22.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: None present on behalf of the plaintiff.
The plaintiff has not filed the service affidavit.
Adjourned as a last chance for filing affidavit of service to 12.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: None present on behalf of plaintiff.
Last chance was granted to plaintiff to file affidavit of service. Put case for dismissal for not taking steps to serve the defendant and also put the N/M for dismissal.
The matter is adjd for dismissal to 14.01.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: None present for plaintiff.
Matter is for dismissal of the suit.
The matter is adjd for dismissal of the suit to 28.01.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Sujata Natekar for plaintiff present.
None for deft.
Application for issuing fresh summons and setting aside dismissal order.
O. - Read application. Heard. Considering the reason, the order of dismissal is called back. Issue fresh writ of summons to the defendant on his fresh address as mentioned in this application. Application (Exh.4) is disposed off accordingly.
The matter is adjd for affidavit of service and reply to N/M to 21.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Sujata Natekar for plaintiff present.
Ld. counsel for plaintiff submitted that the report is not received from the department hence seeks time for filing service affidavit. Granted.
The matter is adjd for affidavit of service to 11.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Waghela for plaintiff present.
Adv. for plaintiff filed application for issuance of fresh summons and for substituted service.
O. - Read application. Heard. Ld. Counsel for plaintiff submitted that the writ of summons could not served upon deft. The postal cover was returned without assigning any reason for not serving the deft. He requested for issuance of fresh writ of summons and serving by way of paper publication. Considering the reason that the deft. is avoiding the service of writ of summons, it is just and expedient to pass the following order.
ORDER
1. Application (Exh.5) is allowed.
2. Issue writ of summons by way of paper publication in newspaper in English and regional language widely circulated in the locality in which the deft. resides.
3. In addition, the writ of summons be served by R.P.A.D.
4. The deft. be served at his Baroda address.
5. Application (Exh.5) is disposed off accordingly.
The matter is adjd for 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: National Lockdown due to Covid 19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
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: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of affidavit to 23/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: As Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 03.02.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Both parties and their advocates are absent when called out.
It appear from roznama that there is no service of summons to defendant as no proper steps on behalf of plaintiff. Plaintiff to take proper steps as suit is two years old.
Matter is adjd.to 17-03-2021 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Mr. Waghela for plaintiff, submits that intimation of NM is served on deft. by Speed post, prayed for adjd to submit service affidavit.
None for defendant.
Matter is adjd.to 03.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. Ms. Sujata Natekar for plff present.
None for deft.
Exh.6- Affidavit of service of NM- Duly served by Speed post. Hence, NM to proceed ex-parte.
Exh.7- Application submitted by plff. to issue fresh writ of summons- Granted. Service of summons by E-mail is allowed as additional service.
Matter is adjd.to 19.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Vijay Vaghela for plaintiff present and filed application for extension of time to serve writ of summons on defendant t.o.r. - allowed.
None for defendant
Matter is adjd.to 16-10-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Letter of Hon’ble High Court dtd. 11-10-2021 and office order no. 213/2021 of Hon’ble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Vijay Vaghela for plaintiff present and prayed for
extension of time of writ of summons – allowed as prayed.
Time is extended for service of writ of summons upon the
defendant.
Matter is adjd.to 29-01-2022 for writ summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None for plaintiff.
Time is extended for service of writ of summons upon the defendant.
Matter is adjd.to 14-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Vijay Vaghela for plaintiff present and filed affidavit of service with original writ of summons and one returned envelope and one track report t.o.r. and marked as Exh.8
Matter is adjd.to 31-03-2022 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Sujata Natekar for plaintiff present.
None for defendant.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD and it was duly served as per track report Exh. B on the address of Indor upon the defendant as per affidavit of service Exh. 8. The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Adv. Sujata Natekar for plaintiff Not pressed NM No. 3832/19. Hence, NM No. 3832/19 is disposed off. Proceeding of NM No. 3832/19 is closed.
Matter is adjd.to 12-04-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Sujata Natekar for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 30-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Vijay Vaghela for plaintiff along with witness Mohan Sunderji Dama present and filed evidence affidavit of witness Mohan Sunderji Dama t.o.r. and marked as Exh.9
He also filed list of documents t.o.r. and marked as Exh. 10
Oath is administered to witness Mohan Sunderji Dama . He stated on Oath that evidence affidavit Exh.9 bears his signature and contents therein are correct. He also proved documents filed with list Exh.10 and they are Exhibited as under -
Exh. 11 - Certificate copy of the Resolution passed on Board Meeting dtd. 01-02-2019.
Exh. 12 - Printout of the purchase order dtd. 05-08-2015 bearing no. PE/15-16/116.
Exh. 13 - Printout of dispatch scheduled as agreed between the parties as per e-mail dtd. 11-08-2015.
Exh. 14 - Photocopy of the Invoice No. 376 dtd. 10-08-2015.
Exh. 15 - Printout of E-mail dtd. 15-04-2017.
Exh. 16 - Printout of E-mail dtd. 26-05-2017.
Exh. 17 - Copy of dishonoured cheques no. 049809, dtd. 17-11-2018 for Rs. 5,00,000/-
Exh. 18 - Copy of dishonoured cheques no. 049810, dtd. 19-11-2018 for Rs. 6,56,662/-
Exh. 19 - Copy of Bank Memo dtd. 13-12-2018 of the dishonourned cheque No. 049809 dtd. 17-11-2018 for Rs. 5,00,000/-
Exh. 20 - Copy of Bank Memo dtd. 13-12-2018 of the dishonourned cheque No. 049810 dtd. 19-11-2018 for Rs. 6,56,662/-
Exh. 21 - Office copy of Demand Notice dtd. 02-01-2019.
Exh. 22 - Office copy of Demand Notice dtd. 02-01-2019.
Exh. 23 - Copy of Ten Postal Receipts affixed one page sheet all dtd. 05-01-2019.
Exh. 24 - Certificate u/s 65B of Indian Evidence Act 1872.
Exh. 25 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 06-06-2022 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Vijay Vaghela along with adv. Sujata Natekar for plaintiff present.
None for defendant.
Heard arguments of adv. Mr. Vijay Vaghela for plaintiff.
Adjd for exparte judgment to 08/06/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Sujata Natekar h/f Adv. Vijay Vaghela for plaintiff present.
Court pronounced judgment in open court.
Exh-26 Judgment
FRSR the following order is passed
ORDER
1) Commercial/Summary Suit No. 99 of 2019 is decreed with costs.
2) The defendant is directed to pay an amount of Rs. 18,00,000/- (Rs. Eighteen Lakhs Only) to the plaintiff company with further interest at the rate of 12 percent per annum on principal amount of Rs. 11,56,662/- (Eleven Lakhs Fifty Six Thousand Six Hundred and Sixty Two Only) from the date of the suit till the date of realization within three months from the date of decree.
3) Court fees shall be refunded to the plaintiff/company as per rules.
4) Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-06-2022