Date: 20-11-2019
Business: Adv. Ruchi Rajput for plaintiff present.
Adv. for plaintiff filed application for issuance of fresh writ of summons. O- Issue writ of summons to defendant by RPAD to be served through the court sheriff.
Adjd for compliance to 18/02/2020
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Ruchi Rajput for plaintiff present.
Exh-2 Adv. for plaintiff filed affidavit of service. t.o.r
The service affidavit fo Divya Ghadigaonkar, clerk of city civil court shows that writ of summons is duly served to the defendant on 03.10.2019. The defendant even after service of writ of summons failed to appear. Hence suit to proceed ex parte against defendant.
Adjd for ex parte evidence/filing of original documents by plaintiff to 04/04/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Saumya Kamat for plaintiff present.
None for defendant.
Today matter is for exparte evidence/ filing original documents.
Ex.03 Ld adv for plaintiff filed V/N t.o.r. O-Seen and filed.
She seeks time to lead evidence. Time granted till next date.
Matter adjd for exparte evidence to 17-03-2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Saumya Kamat h/f Kadam for plaintiff present.
None for defendant.
KB L.O. at 12.21 pm
Ex.04 Ld Adv for plaintiff filed claim affidavit t.o.r. O- Seen.
Ex.05 colly. Ld Adv for plaintiff filed list of documents t.o.r.
O- Seen.
Ex.06 Plaintiff\''s Invoice No.1474 dated 01-11-2016.
Ex.07 Plaintiff\''s Invoice No. 1687 dated 07-12-2016.
Ex.08 Undated letter singed by the Defendant\''s representative, Ms. Sandhya Tembhurne.
Ex.09 Defendant\''s cheque No.025885 dated 16-08-2018 for Rs.1,40,168/- given by Plaintiff.
Ex.10 Inward Return Memo from Bank of Baroda Plaintiff\''s Bank dated 17-08-2018 citing funds insufiicient.
Ex.11 Defendant\''s Cheque No. 025884 dated 16-09-2018 for Rs.1,37,700/- given to Plaintiff.
Ex.12 Undated Return Memo from Bank of Baroda Plaintiff\''s Bank citing funds insufficient.
Ex.13 Golden India Transport Co.\''s letter dated 26-06-2019 confirming material delivery to the defendant\''s representative Mr. Chandu.
Ex.14 Golden India Transport Co.\''s Lorry receipt consigner copy GR No. 338563 dated 05-11-2016 for Invoice No.1474 dated 04-11-2016.
Ex.15 Golden India Transport Co.\''s Lorry receipt consigner copy GR No. 340774 dated 08-12-2016 for Invoice No.1687 dated 07-12-2016.
Ex.16 C-Form issued by the defendant for Six separate Invoices.
Matter adjd for exparte argument to 19-04-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Soumya Kamat for plaintiff present.
None for defendant.
KB L.O. at 12.41 pm
Adv Amarlal Ramlakhani for plaintiff present.
Heard ld adv for plaintiff.
Matter adjd for exparte judgment to 08-10-2021.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Soumya Kamat for plaintiff present.
None for defendant.
Ex.17 Judgement.
F.R.S.R. following order in Summary suit no. 921 of 2019 is passed-
ORDER
1. The Summary Suit no. 921 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,77,866/-(Rs. Two Lakh Seventy Seven Thousand Eight Hundred Sixty Six only) to the plaintiff alongwith interest at the rate of 9 percent per annum from the date of filing the suit till its actual realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 08-10-2021