Date: 02-01-2020
Business: Adv for plaintiff Mr.Amit Borkar present.
None for the defendant.
Exh 02 Adv for plaintiff filed application to extend the time to issue summons.
O-Time extended by 15 days.
Matter is Adjd for Affidavit of Service to 28.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv for plaintiff Mr.Amit Borkar present.
None for the defendant.
Exh 03 Adv for plff. filed Affidavit of Service with the remark that as per the track report of postal department deft no.1 is served with summons and regarding deft no.2 and produced postal acknowledgements regarding deft no.2.
O-Deft no.1 and 2 fail to appear in the suit though served with summons. Therefore, suit to proceed exparte against defendant no.1 and 2.
Matter is Adjd for Exparte Evidence to 21.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv for plaintiff Mr.Amit Borkar present.
None for the defendant.
Adv for plff requested for adjournment. O-Granted.
Matter is Adjd for Exparte Evidence to 04.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv for plaintiff Mr.Amit Borkar present.
None for the defendant.
Adv for plff. filed statement of Truth. T.O.R. It is marked as Exh 04.
Adv for plff. filed list of documents along with documents. T.O.R. It is marked as Exh 05.
Matter is Adjd for Further Evidence to 28.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 15.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 12.11.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Adv. Amit S. Borkar for plaintiff present.
Witness Kamlesh Surti absent.
Advocate for plaintiff tender statement of truth @ list of documents.
Defendant and their advocate are absent.
Matter adjd to 02.12.2020 for verification.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.Amit Borkar for plaintiff present.
Plaintiff Mr.Kamlesh Surti present.
None for defendant.
Witness Kamlesh Surti tendered statement of truth alongwith original documents - seen read and recorded-verified.
Ld.Counsel for plaintiff submitted that he wants to produce certificate u/s 65 of Indian Evidence Act. Requested for adjt. Adjt granted.
Matter adjd to 24/12/2020 for compliance/ recording of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-12-2020
Date: 24-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 forR/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 14.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. Amit Borkar for plaintiff present.
None for defendant
KB.
LO.
Plaintiff present.
Adv. for plaintiff Amit Borkar present.
O- The documents annexed with this are
Adv. for plaintiff tender affidavit of evidence.
PW 1 Mr. Kamlesh Surati, Resumed on S.A.
Adv. for plaintiff tender list of document t.o.r.
O.- The document annexed with this list are exhibited formally. Its evidential value will be considered at the time of final hearing.
Original Board resolution dated 11-06-2018.
Printout of Email dated 02/10/2017 and Email dated 22/10/2017 along with the invoices raised by Malcolm Rosenthal.
Office copy of letter dated 01/11/2017 along with its annexure.
Office copy of letter dated 14/11/2017
Original EEFC account statement.
Office copy of copy of letter dated 16/05/2018
Office copy of copy of Legal-cum-Demand Notice dated 31-08-2018
Colour printout of postal slip of the Indian Post
Adv. for plaintiff filed Certificate u/s 65 b of the Indian evidence Act 1872. marked as Exh.6
Matter adjd to 21-01-2021 for closing pursis
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Both parties and their advocate absent.
Matter adjd to 09-02-2021.
L.O. at 2.07 pm.
Adv. Borkar for plaintiff present.
Adv. for plaintiff filed evidence closing pursis
On the request of advocate for plaintiff matter adjd to 10-02-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv.Amit Borkar for plaintiff present.
None present for defendant.
Heard final argument of Adv.Mr.Amit Borkar.
Matter adjd to 15.02.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Amit Shantaram Borkar for plaintiff presnt.
Adv.for defendant absent.
Clarificatery Argument.
Matter adjd to 16/02/2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is partly decreed with costs.
2. The Defendants are directed to pay to the plaintiff amount of 8,628.06/- (United States Dollars Eight Thousand Six Hundred Twenty-Eight and Six Cents Only) i.e. amount of Rs.6,10,564.67/- (Rupees Six Lakhs Ten Thousand Five Hundred Sixty-Four and Paisa Sixty-Seven Only) with interest at the rate of 10 percent per annum from 16.02.2018 till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 16-02-2021