Date: 01-11-2019
Business: Adv. Rutuja Mahadik i/b Adv. Rakesh Jain for plaintiff is present.
Adjourned to 05.11.2019 for Appearance.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Rutuja Mahadik i/b Adv. Rakesh Jain for plaintiff is present.
Issue Writ of summons defendants.
Adjourned to 03.12.2019 for Appearance.
Next Purpose: SERVICE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Rutuja Mahadik i/b Adv. Rakesh G. Jain for plaintiff is present.
Adv. Chirag Mehta for defendant No.1 to 3 is present.
Exh.1 - Plaint.
Exh.2 - Vakalatnama.
Exh.3 - Address Memo.
Exh.4 - List of documents.
Exh.5 - Vakalatnama of Adv. Nidhi Mehta, Adv. Chirag Mehta and Adv. Poornima Mehta filed for defendant No.1 to 3.
Exh.6 Colly - Advocate for plaintiff filed affidavit of service alongwith returned envelope of defendant no.1, acknowledgment of speed post of defendant no.3 and courier delivery status report.
Adjourned to 18.12.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: None present for plaintiff.
Adv. Chirag Mehta for defendant No.1 to 3 is present and filed application for time to file Written Statement. TOR and marked as Exh.7.
O - Plaintiff to say.
KB
LO at 03.14 pm.
None present for plaintiff.
No say has been filed by the plaintiff.
Order on Exh.7 - For the reason mentioned in the application time is granted to file written statement.
Adjourned to 15.01.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Rutuja Mahadik for plaintiff is present.
Adv. Chirag Mehta for defendant No.1 to 3 is present and filed written statement. TOR and marked as Exh.8.
Copy served to other sides.
Adjourned to 28.01.2020 for Draft Issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned to 12.02.2020 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: None present for plaintiff.
Adv. Chirag Mehta for defendant No.1 to 3 and submits that he does not want to submit draft issue.
KB
Later on
None present for parties.
Adjourned to 21.02.2020 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: None present for plaintiff.
Adv. Chirag Mehta for defendant No.1 to 3 is present and filed draft issues.
Adjourned to 09.03.2020 for Framing of Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Ms.Jain i/b Adv. Rakesh Jain for plaintiff is present and seeks time to file draft issue.
Adv. Chirag Mehta for defendant no.1 to 3 is present.
Adjourned to 27.03.2020 for Draft Issue of plaintiff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 23.10.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: As Court is on leave
Next Purpose: HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Advocate Anchal Jain for plaintiff is present and filed draft issue.
None present for defendant.
Adjourned for case management hearing to 02.02.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Achal Jain for plaintiff present.
None for defendant
Matter is adjd.to 16-02-2021 for Issues.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Ms. Aachal Jain for plaintiff present.
None for defendant.
Exh.9- Issues framed.
Matter is adjd.to 03.03.2021 for List of witness and
case management hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ms. Rutuja Marathe for plaintiff present.
Adv. Mr.Chirag Mehta for defendant present.
Issues are noted by both side.
Schedule of case management is submitted by both side. Accordingly, it is decided as follows.
Affidavit of both side witnesses to be filed prior to 31st March,2021.
Cross-examination plff. witnesses upto 23rd April.
Cross-examination of defts. witnesses prior to 15th June.
Argument of both side between 16th to 30th June.
Judgment within two weeks from final argument, to be delivered prior to 15th July.
Matter is adjd.to 31.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehta for defendant present.
Exh.10- PW 1 Saloni Rahul Chandalia.
Exh.11- List of documents.
In view of testimony of PW 1, documents are marked as follows-
Exh.12(Colly.) - Bill No. 0238 dated 29/07/2017.
Bill No. 0291 dated 03/08/2017.
Bill No. 1358 dated 28/11/2017.
Bill No. 1704 dated 06/01/2018.
Bill No. 1705 dated 06/01/2018.
Exh.13(Colly.) - Consignment No. 1518110990 dated 31/07/2017.
Consignment No. 1518113079 dated 09/08/2017.
Consignment No. 1519364741 dated 29/11/2017.
Consignment No. 1519359247 dated 06/01/2018.
Exh.14 - Statement of accounts.
Exh.15 - Notice dated 03/01/2019.
Exh.16 - Postal receipts.
Exh.17 - Acknowledgement.
Exh.18 - PW 2 - Rahul Virendra Chandalia.
Matter is adjd.to 20.04.2021 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: None for plaintiff.
Adv. Shriram Mehta for defendant no. 1,2,3 present.
Exh. 19- Adv. for defendant no. 1 filed affidavit of evidence it is t.o.r.
Exh. 20- Adv. for defendant no. 1 filed list of documents it is t.o.r.
Exh. 21- Adv. for defendant no. 2 filed affidavit of evidence it is t.o.r.
Exh. 22- Adv. for defendant no. 2 filed list of documents it is t.o.r.
Exh. 23- Adv. for defendant no. 3 filed affidavit of evidence it is t.o.r.
Exh. 24- Adv. for defendant no. 3 filed list of documents it is t.o.r.
Matter is adjd.to 26-07-2021 for R/E P.H..
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Both the parties absent when called out.
Adjourned to 12.08.2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Plaintiff is present.
Adv. Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehta for defendants present.
Heard argument of both sides on the point of case management hearing.
Schedule of Trail determined after case management hearing - Exh. 25
Matter is adjd.to 30-08-2021 for cross examination of
PW -1 & PW - 2.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
None for defendant
witness present.
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Adv. Poornima Mehta and Adv. Chirag Mehta for defendant present.
Chief-Examination of witness Salony by Advocate Rutuja Mahadik for plaintiff commence and completed.
Cross -Examination of witness Salony by Advocate Pornima Mehta for plaintiff commence and completed.
Re-examination – Nil
Witness Rahul present. As substantial time is required for
recording evidence of PW – 1 Saloni, date is given for
recording evidence of witness Rahul.
Matter is adjd.to 01-09-2021 for R/E (PW – 2 Rahul 12.30
pm).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehta a/w Adv. Pornima Mehta for defendant present.
PW - 2 Rahul Virendra Chandalia present.
Chief-Examination by Advocate Rutuja Mahadik for plaintiff commence and completed.
The witness admitted his email dtd. 29-01-2018. It is marked as Exh.26.
The witness admitted his email dtd. 23-08-2017. It is marked as Exh.27.
As court time is over, cross examination is deferred till next date.
Cross -Examination by Advocate Pornima Mehta for plaintiff is deferred till next date.
Matter is adjd.to 02-09-2021 for R/E P.H. (1.00PM)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehta a/w Adv. Pornima Mehta for defendant present.
PW - 2 Rahul Virendra Chandalia present.
As the witness admitted these emails , they are collectively marked as Exh.28
Notice dtd. 03-09-2018 is sent by Adv. Rakesh Jain to the defendants t.o.r. It is marked as Exh. 29.
Notice dtd. 03-01-2019 is sent by Adv. Rakesh Jain to the defendants t.o.r. It is marked as Exh. 30.
Adv. Rakesh Jain had received reply notices dtd. 25-09-2018 and 28-01-2019 t.o.r. and they are marked as Exh. 31 and Exh. 32 Respectively.
Adv. for plaintiff filed Evidence closed pursis t.o.r. marked as Exh. 33
Matter is adjd.to 16-09-2021 for R/E P.H.(deft)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehtafor defendant present.
Chief-Examination by Advocate Chirag Mehta for defendants commence and completed.
Resolution and minutes of meeting are marked as Exh. 34
Xerox copy of Pan card of defendant no. 1 compared with original Pan Card and it is marked as Exh. 35.
Original Pan card is immediately returned to the witness after perusal.
Certificate of incorporation is marked as Exh. 36.
On request of learned counsel Shri Lalit Jain and there is also shortage of time to complete the cross-examination, cross-examination is deferred till next date i.e. 30/09/2021.
Matter is adjd.to 30-09-2021 for R/E (Cross
examination of DW -1)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Bandana Chawarasiya for plaintiff present.
Adv. Nidhi Mehta for defendant present
With consent of both sides, matter is kept on 20-10-2021.
Matter is adjd.to 20-10-2021 for R/E P.H. (cross
examination of DW - 1) 12.30 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehta for defendant present and submitted that witness is not available today and he prayed for adjournment.
Matter is adjd.to11-11-2021 for cross examination of DW-
1. (12.30pm)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. C. D. Mishra along with Rutuja Mahadik for plaintiff present.
Adv. Chirag Mehta for defendant present and submitted that the witness is resident of Chennai and he is prevented from attending the Court due to flood at Chennai. He prayed for adjournment.
Adv. Rutuja Mahadik consented for adjournment and submitted that adjournment may be granted as a last chance.
With consent of both sides, matter is adjourned to 08-12-2021 as a last chance to the defendants for examining their witness.
Matter is adjd.to 08-12-2021 for cross examination of DW
– 1 (12.00 noon)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. Ms. Rutuja Mahadik for plaintiff present.
Adv. Mr. Chirag Mehta for defendants present.
With consent of both sides, matter is adjd.to 09-12-2021 for cross-examination of DW 1 by the plaintiff at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Rutuja Mahadik a/w Adv. Lalit Jain i/b Adv. Rakesh Jain for plaintiff present
Adv. Chirag Mehta a/w witness Surendra Nath for defendants present.
Cross -Examination of DW – 1 Surendra Nath on Exh. 19 by Advocate Lalit Jain i/b Rakesh Jain for plaintiff resumed and completed on administering oath to the witness.
Re-examination – Nil.
Advocate Lalit Jain filed List of documents t.o.r. and marked as Exh. 37
Adv. chirag Mehta filed evidence close pursis t.o.r. and marked as Exh.38
Matter is adjd.to 20-12-2021 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Lalit Jain a/w Adv.Rutuja Mahadik for plaintiff present
Adv. Chirag Mehta for defendants no. 1 to 3 present and filed written notes of argument t.o.r. and marked as Exh.39
Heard both sides.
Matter is adjd.to 23-12-2021 for Judgment. (4.30 PM)
Next Purpose: JUDGMENT
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: None for plaintiff.
Adv. Chirag Mehta for defendant present.
Exh. 40 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.133/2019 is decreed.
2. The defendants are directed to pay amount of Rs.5,55,306 /- (Rupees Five Lakhs Fifty-five Thousand Three Hundred Six Only) to the plaintiff within three months from the date of decree.
3. The defendants are further directed to pay interest at the rate of 18% p.a. on amount of Rs. 4,49,068/- from the date of the suit till realization.
4. Defendants no. 1 to 3 shall be jointly and severely liable to pay decretal amount to the plaintiff.
5. The defendants shall bear the costs of the suit.
6. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 23-12-2021