Date: 15-10-2019
Business: PO is on leave
Next Purpose: REPORT
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: HHJ is on Training at Uttan
Matter is adjd to 21/01/2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ayyar For plff. Present.
Adv. For deft. Absent.
Matter is adjd to 11.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Hetal Vakil for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed application for issue fresh writ of summons. Order- issue fresh suit summons as prayed.
Matter is adjd to 28.04.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: Due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 04.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Hetal Vakil for plff. Present.
Service not completed.
Matter is adjd to 17.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Hetal Vakil for the plff. present.
Matter is adjd to 24.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 21.08.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 07.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Date: 13-12-2021
Business: Adv Hetal Vakil for plaintiff present.
None for defendant.
Matter is adjd to 10.02.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present for Plaintiff.
None present for Defendant.
Matter adj. to 08/04/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: p.O. is on training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Mr. Jay Yadav for Plaintiff present.
Plaint – Exhibit-1
Vakalatnama – Exhibit-2
Memorandum of Address – Exhibit-3
List of Documents – Exhibit-4
Adv. for Plaintiff filed Affidavit of Service.
Adv. for Plaintiff filed an application for issuance of fresh Writ of Summons. O :- Issue Writ of Summons to Defendant through concerned court.
Matter adjourned to 15/10/2022 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: PO IS ON LEAVE
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: None for plaintiff.
Matter is adj to 23/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Hetal Vakil i/b M/s J.R.Vakil and Associates for plaintiff present. She filed affidavit of service (Exh-7).
The writ of summons is returned unserved.
It appears that the details of defendant No.1 are not complete in the title clause.
Plaintiff to take proper steps to comply the same.
Adv. for plaintiff seeks time, time granted.
Matter is adj to 19/04/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
None for defendant.
Despite granting time to the plaintiff, he failed to comply order dated 23/02/2023. As a last chance, matter is adj to 21/07/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hetal Vakil i/b J. R. Vakil and Associates for plaintiff is present and prayed for adjournment.
Order below Exh-1
Suit summons are not yet served on any of the defendants. The matter is being adjourned for the steps. No steps are taken and prayed for adjournment. Adjournment is granted in the interest of justice, subject to costs of Rs.500/- payable to the DLSA.
Matter is adj to 03.10.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff in person is present.
Adv. Hetal Vakil i/b M/s J. R. Vakil and Associates for plaintiff is present and filed application for issuance of writ of summons on new address of the defendants. It is marked as Exh-8.
Order below Exh-8
Heard. Allowed to serve writ of summons on the new address of the defendants. Re-issue writ of summons to the defendants.
Matter is adj to 08.01.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Hetal Vakil for the plaintiff is present and filed affidavit of service. It is taken on record and marked as Exh.9.
On perusing affidavit of service of writ of summons against defendants, it appears that writ summons was sent by RPAD to the defendants on new address in view of application at Exh-8, it is returned with postal remark Refused return to sender. Thus, it appears that defendants are avoiding the writ of summons. Writ of summons to the defendants is deemed to be served. Hence, matter be proceeded Ex-parte against the defendants.
Matter is adj to 24/01/2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81
Legal representative of plaintiff is present.
Adv Ms. Hetal Vakil for plaintiff is present and she filed draft chamber summons alongwith its affidavit in support. Taken on record. Leave to register the draft Chamber Summons.
Matter is adj to 20/03/2024 for filing registered Ch/sum.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil for plaintiff is present and filed registered Chamber summons No. 167/24 along with affidavit in support.
Order on CS No.167/24
Perused chamber summons and record. Heard Ld. Counsel for the plaintiff. On perusing said Chamber summons it appears that plaintiff want to amend and add new address of the defendants No.1 and 2 in cause tittle as per schedule annexed to Chamber summons. It appears from record already writ of summons is served on the defendants No. 1 and 2 on new address as per affidavit of service at Exh-9. Even, order is passed to proceed matter ex-parte against them. Therefore, no prejudice would cause to the defendants if Chamber summons is allowed as prayed. Hence, The chamber summons No.167 of 2024 is hereby allowed and plaintiff is directed to carryout necessary amendment in tittle cause of the plaint and file amended copy of plaint on or before next date. The Chamber summons No.167 of 2024 is disposed of accordingly.
Matter is adj to 04/04/2024 for Carrying for amendment and file amendment copy by the plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mrs. Swati Kalatme, representative of the plaintiff.
Adv. Jitendra Gupta for plaintiff is present and filed amended copy of plaint. Taken on record.
Advocate for plaintiff filed Evidence affidavit of Mrs. Swati Kalatme and list of documents along with documents. Taken on record. They are marked as Exh-10 and 11 respectively.
Counsel for the plaintiff also filed certificate u/s 65B of The Indian Evidence Act.
Matter is adj to 03.05.2024 for hearing on admission and denial of the documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Hetal Vakil i/b M/s J. R. Vakil and Associates for plaintiff is present.
Heard counsel for the plaintiff on admission and denial of the documents.
Matter is adj to 27.06.2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jay Yadav for plaintiff is present.
Documents filed by the plaintiff vide list Exh-11, documents at Sr. No.1, 2, 4, 8 and 9 are original documents, documents at Sr. No. 5, 6 and 7 are office copy. Hence, these documents are marked as Exhibits. Document at Sr. No. 3 is xerox copy. Hence, this document is not marked as Exhibit.
Exh-12 (colly) original Board resolution dated 25/02/2019 amd 05/08/2023.
Exh-13 Original lorry receipt dated 08.08.2016
Exh-14 office copy of Invoice dated 08.08.2016
Exh-15(colly) Office copy of sales ledger dated 01.04.2016 to 27.04.2019 supported by certificate u/s 65B of The Indian Evidence Act.
Exh-16 (colly) Office copy of Notice dated 16/05/19 along with original Postal receipt.
Exh-17 Returned envelope.
Matter is adj to 20.08.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta h/f Adv. J. R. Vakil a for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 1.01 pm
Adv. Jitendra Gupta h/f Adv. J. R. Vakil a for plaintiff is present and filed application for production of documents along with certificate u/s 65B of The Indian Evidence of documents. Taken on record. They are marked as Exh-18 and 19 respectively.
The defendant and his counsel are absent.
Matter is adj to 25.09.2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.30 pm.
Adv. Jitendra Gupta h/f Adv. J. R. Vakil and Associates for plaintiff is present.
Keep back.
Perused documents filed by plaintiff vide list Exh-18. The plaintiff has filed photocopy of purchase order dated 05.08.2016 received by email along with certificate u/s 65B of The Indian Evidence Act. However, the plaintiff has not pleaded abut said purchase order in the plaint. Therefore, said document cannot be marked as Exhibit as it is beyond pleading.
Matter is adj to 23.10.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil and Co. for plaintiff is present and filed an application for production of documents along with documents and list. Taken on record. They are marked as Exh-20 and 21 respectively.
Matter is adj to 21.11.2024 for Order on Exh-20.
Next Purpose: ORDER
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-20
Perused application and record. Heard ld. counsel for plaintiff. It is contended that original purchase order was not found at the time of filing evidence on affidavit. Now, original purchase order is found and therefore, the plaintiff may be allow to file original Purchase order on record in the interest of justice. Thus, considering the reason given by plaintiff and in the interest of justice, it is necessary to allow plaintiff to file original purchase order on record. Hence, I proceed to pass following order-
Order
Application at Exh-20 is hereby allowed.
Matter is adj to 24.12.2024 for Exhibiting the documents at Exh-31.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta h/f Adv. J. R. Vakil and Associates for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 27.01.2025 for exhibiting document at list Exh-21.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: P. O. is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, representative of plaintiff is present.
Keep back.
Later on at 12.18 pm
Ms. Swati Kalatme, representative of plaintiff is present.
Adv. Jitendra Gupta h/f J. R. Vakil and Associates for plaintiff is present and filed an application for filing additional evidence. Taken on record. It is marked as Exh-22. O-Put up for order.
Matter is adj to 18.03.2025 for Order on Exh-22.
Next Purpose: ORDER
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.38 pm
Adv. Jitendra Gupta h/f J. R. Vakil and Associates. for plaintiff is present.
Order below Exh-22
Perused application and record. Heard Ld. counsel for plaintiff. It is the contention of the plaintiff that at the time of filing of evidence on affidavit of PW-1 original purchase order was not tracable. Now, original purchase order is found. Therefore, plaintiff wants to lead additional evidence. Hence, considering the reason, it is necessary to allow the application. If application is allowed, no prejudice would cause to the defendant. Hence, I proceed to pass following order-
Order
1. Application at Exh-22 is hereby allowed.
2. Plaintiff is directed file additional evidence.
Matter is adj to 17.04.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b S.R Vakil for plaintiff is present and already filed an application for filing additional evidence said order application is allowed on dtd 17-02-2025 but additional evidence not mark exhibit hence, additional evidence is marked Exhibit 10-A .
Plaintiff witness Swati Kalatme present and admitted contents of evidence in affidavit and identified his signature.
Perused documents filed by plaintiff vide list Exh-11 and 21. Documents at Sr. No.1, 2, 4 are original, documents at Sr. No.5 and 6 and 7 are office copies. Further, documents at Sr. No.1 vide list Exh-21 is original Purchase order. Hence, these documents are marked as Exhibits.
Exh-23 Original Board resolution dated 25.02.2019.
Exh-24 Original Board resolution dated 05.08.2023.
Exh-25 Original Lorry receipt dated 08.08.2016
Exh-26 Office copy of invoice dated 08.08.2016.
Exh-27(colly) Office copies of sales ledger dated 01.04.2016 to 27.04.2019
Exh-28 (colly) Office copy of legal notice dated 16.05.2019 along with postal receipt and returned envelopes.
Exh-29 Original Purchase order bearing No.36424.
Adv for the plaintiff filed closing evidence pursis. TOR and marked as Exh.-30
Matter is adj to 03-05-2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 11.57 pm
Adv. Jitendra Gupta i/b J. R. Vakil and Associates for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 08.05.2025 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, representative of plaintiff is present.
Adv. J. R. Vakil and Associates for plaintiff is present and filed pursis to keep matter in summer vacation for order. TOR and marked as Exh-31. O-Allowed.
Matter is adj to 19.05.2025 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-05-2025
Date: 19-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil and Associates for plaintiff is present.
On perusing roznama dated 17.04.2025, it appears that documents filed by plaintiff vide list Exh-11 were already marked as Exh-12 to 17 on 27.06.2024, but inadvertently said documents were re-exhibited as Exh-23 to 28. Hence, roznama dated 17.04.2025 be corrected accordingly and Exh-23 to 28 stands omitted.
Ex-parte judgment is marked as Exh-26.
FRSR following order is passed
Order
1)Summary Suit No. 841 of 2019 is hereby decreed with the costs.
2)The defendants shall jointly or/and severally pay an amount of Rs.41,904/- (Rupees Forty One Thousand Nine Hundred and Four only) to the plaintiff.
3)The defendants shall pay to the plaintiff simple interest on Rs.27,413/- the rate of 7 percent p.a. from 30/07/2018 the date of filing of suit till its full realization.
4)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
5)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 19-05-2025
