Date: 10-07-2019
Business: Both parties and adv. absent.
Exh. 1 - Plaint
Exh.2 - V/p
Exh.3- List of document
Exh.4- Memorandum of address.
Adjd. for service report to 03.10.2019.
Next Purpose: REPORT
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Shilpa Salve for plaintiff present.
Adjd. for service to 21.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: PO is on Half day casual Leave (morning sessions).
Matter is adjd to 18.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Salve For plff. Present.
Adv. For deft
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service. t.o.r. Exh-5
Order-Seen and filed
Affidavit service not proper.
Matter is adjd to 27.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Shilpa Salavi for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed application for re-issue summons through register post. Exh-6 Order- reissue summons through registered post.
Matter is adjd to 09.04.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Due to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2020
Date: 18-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Court is on Leave.
Matter is adjd to 16.02.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: P.O. is on leave.
Matter is adjd to 17.04.2021 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Due to Covid-19 pandemic.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 17.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: HHJ is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: As Presiding Officer is on leave, hence adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present.
The matter is adjd for service of writ of summons to deft. to 20.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Ganesh Mhatre for plaintiff present.
Exh.7 - Adv. For plaintiff filed application for issuance of fresh writ of summons to defendants by R.P.A.D.
O. - Issue fresh writ of summons to defendants by R.P.A.D.
The matter is adjd for affidavit of service to 28.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present.
The matter is adjd for filing service affidavit to 30.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. S.L. Mhatre for plaintiff present. She prayed for re-issuance of summons to deft. O. - Re-issue summons to deft.
The matter is adjd for affidavit of service to 04.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Vaishali Yewale for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 03.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv. Shilpa Salve for plaintiff present.
Exh.8 - Adv. For plaintiff filed service affidavit. T.O.R.
Service is not proper.
The matter is adjd for taking steps to 09.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None present.
The matter is adjd for taking steps to 04.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Shilpa Salve for plaintiff present.
Exh.9 - Adv. For plaintiff filed application for substituted service.
O. - Summons to deft. nos.1 and 2 cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that deft. nos.1 and 2 are keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. nos.1 and 2 be served by publishing writ of summons in daily newspaper circulating in the locality in which deft. nos.1 and 2 are last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for affidavit of service to 07.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None present.
The matter is adjd for filing service affidavit to 12.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None present.
The matter is adjd for filing service affidavit to 06.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Shilpa Salve for plaintiff present. She prayed for extension of time for service of summons through paper publication as per order dated 04.04.2022.
O. - Extension of time for service of summons through paper publication as per order dated 04.04.2022 is granted.
The matter is adjd for affidavit of service to 19.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: The Court is Vacant.
Hence, matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
(Matter pertains to Court No.14.)
By Praecipe
Adv. Shilpa Salve Present for Plff.
Ex.10 - Application for taking matter on today\''s board. - Allowed.
Ex.11 - Adv of plff has filed application for extension of time to serve writ of summons- Granted.
Adj. For Service affidavit on 16/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: The Court is Vacant.
Hence. The Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: As court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Matter pertains to C.R. No. 14.
Adv Shilpa Salve h/f Adv. Ganesh Mhatre for plaintiff is present and filed affidavit of service of writ of summons and paper cutting of two news paper t.o.r. marked as Exh.12 O- Seen.
None for defendant.
As per affidavit of service of writ of summons was issued to the defendants through paper publication. It was published in two news papers. Copies of news paper are filed on record. It was duly served to the defendants. Both defendants are absent. Hence, suit is proceeded exparte against the both defendants.
Case is adjourned for exparte evidence to 22-02-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: The court is vacant. Hence, matter is adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: As court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: As court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Adv. Kunjan Makwana i/b. S. K. Shrivastav & Co. for
plaintiff is present.
None present for defendant.
Matter is adj for hearing on NM and SJ to 23/8/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Matter pertaints to Court room No.32.
Adv.Shilpa Salve present for plainitff.
CA Sham Panjabi present for plaintiff.
Exh.13- Evidence affidavit.
Exh.14- List of Documents
Matter adjourned to 13.09.2023 for Exhibiting document/Ex-parte evidence.
In Charge Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Wrongly taken on board matter is already adjd. to 13.09.2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: P.O is on half day (morning session) leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: None present.
Matter is adj for ex-parte evidence to 07/12/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. Shilpa Salave h/f Adv. Ganesh Mhatre for plaintiff is present and requested for time for hearing on marking of documents.
Matter is adj. for ex-parte evidence to 12.01.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: None present.
KB
LO at 3.25 pm
Adv Ganesh Mhatre for plaintiff present.
Matter stands Adj for Ex-parte Evidence on 29/01/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: None present.
KB
LO at 3.00 pm
None present.
Matter stands Adj for Ex-parte Evidence on 01/03/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Adv Sayyed Sabira for plaintiff present.
Witness absent.
On oral request, last chance granted to the plaintiff to proceed with the matter, else appropriate order will be pass.
Matter stands Adj for Ex-parte Evidence on 02/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv Sayyed Sabira for plaintiff present.
KB
LO at 12.27 pm
Adv Ganesh Mhatre for plaintiff present.
PW 01 Shyam Punjabi present.
Oath administered to the witness.
He admits the contents of affidavit of evidence as true and correct. It bears his signature.
Heard the Ld. Adv for plaintiff on marking of documents.
Document at Sr. no. 1 is an Invoice no. 827 dated 25/11/2015 marked as Exh. 15.
Document at Sr. no. 2 is an Invoice no. 826 dated 25/11/2015 marked as Exh. 16.
Document at Sr. no. 3 is an Invoice no. 824 dated 24/11/2015 marked as Exh. 17.
Document at Sr. no. 4 is an Invoice no. 823 dated 24/11/2015 marked as Exh. 18.
Document at Sr. no. 5 is an Invoice no. 822 dated 24/11/2015 marked as Exh. 19.
Document at Sr. no. 6 is an Invoice no. 817 dated 18/11/2015 marked as Exh. 20.
Document at Sr. no. 7 is an Invoice no. 816 dated 18/11/2015 marked as Exh. 21.
Document at Sr. no. 8 is an Invoice no. 815 dated 18/11/2015 marked as Exh. 22.
Document at Sr. no. 9 is an Invoice no. 814 dated 18/11/2015 marked as Exh. 23.
Document at Sr. no. 10 is an Invoice no. 813 dated 17/11/2015 marked as Exh. 24.
Document at Sr. no. 11 is an Invoice no. 812 dated 17/11/2015 marked as Exh. 25.
Document at Sr. no. 12 is an Invoice no. 811 dated 17/11/2015 marked as Exh. 26.
Document at Sr. no. 13 is an Invoice no. 759 dated 14/10/2015 marked as Exh. 27.
Document at Sr. no. 14 is an Invoice no. 745 dated 04/10/2015 marked as Exh. 28.
Document at Sr. no. 15 is an Invoice no. 736 dated 28/09/2015 marked as Exh. 29.
Document at Sr. no. 16 is an Invoice no. 735 dated 28/09/2015 marked as Exh. 30.
Document at Sr. no. 17 is an Invoice no. 734 dated 28/09/2015 marked as Exh. 31.
Document at Sr. no. 18 is an Invoice no. 733 dated 28/09/2015 marked as Exh. 32.
Document at Sr. no. 19 is an Invoice no. 732 dated 28/09/2015 marked as Exh. 33.
Document at Sr. no. 20 is an Invoice no. 652 dated 27/08/2015 marked as Exh. 34.
Document at Sr. no. 21 is an Invoice no. 642 dated 24/08/2015 marked as Exh. 35.
Document at Sr. no. 22 is an Invoice no. 610 dated 13/08/2015 marked as Exh. 36.
Document at Sr. no. 23 is Challan no. 958 dated 13/08/2015 marked as Exh. 37.
Document at Sr. no. 24 is Challan no. 1002 dated 24/08/2015 marked as Exh. 38.
Document at Sr. no. 25 is Challan no. 1016 dated 21/08/2015 marked as Exh. 39.
Document at Sr. no. 26 is Challan no. 1114 dated 28/09/2015 marked as Exh. 40.
Document at Sr. no. 27 is Challan no. 1115 dated 28/09/2015 marked as Exh. 41.
Document at Sr. no. 28 is Challan no. 1116 dated 28/09/2015 marked as Exh. 42.
Document at Sr. no. 29 is Challan no. 1117 dated 28/09/2015 marked as Exh. 43.
Document at Sr. no. 30 is Challan no. 1118 dated 28/09/2015 marked as Exh. 44.
Document at Sr. no. 31 is Challan no. 1119 dated 28/09/2015 marked as Exh. 45.
Document at Sr. no. 32 is Challan no. 1128 dated 04/10/2015 marked as Exh. 46.
Document at Sr. no. 33 is Challan no. 1143 dated 14/10/2015 marked as Exh. 47.
Document at Sr. no. 34 is Challan no. 1202 dated 17/11/2015 marked as Exh. 48.
Document at Sr. no. 35 is Challan no. 1203 dated 17/11/2015 marked as Exh. 49.
Document at Sr. no. 36 is Challan no. 1204 dated 17/11/2015 marked as Exh. 50.
Document at Sr. no. 37 is Challan no. 1217 dated 25/11/2015 marked as Exh. 51.
Document at Sr. no. 38 is Challan no. 1218 dated 25/11/2015 marked as Exh. 52.
Document at Sr. no. 39 is Challan no. 1205 dated 18/11/2015 marked as Exh. 53.
Document at Sr. no. 40 is Challan no. 1206 dated 18/11/2015 marked as Exh. 54.
Document at Sr. no. 41 is Challan no. 1207 dated 18/11/2015 marked as Exh. 55.
Document at Sr. no. 42 is Challan no. 1208 dated 18/11/2015 marked as Exh. 56.
Document at Sr. no. 43 is Challan no. 1213 dated 24/11/2015 marked as Exh. 57.
Document at Sr. no. 44 is Challan no. 1214 dated 24/11/2015 marked as Exh. 58.
Document at Sr. no. 45 is Challan no. 1215 dated 24/11/2015 marked as Exh. 59.
Document at Sr. no. 49 is an Original Power of Attorney marked as Exh. 60.
Ld. Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 61. O- Seen.
Matter stands Adj for Arguments on 16/04/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: None present for plaintiff.
KB
LO at 11.58 am
Adv S. L. Mhatre for plaintiff present.
Heard.
Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No. 370 of 2021 is partly decreed with Costs.
2. Defendants do pay the amount of Rs. 26,62,419/- with further interest @ 9 percent per annum from the date of due of each invoice till its full realization.
3. Decree be drawn up accordingly.
4. Commercial Suit No. 370 of 2021 disposed of accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 16-04-2024