Date: 31-10-2018
Business: Adv. Chattarjee for Plaintiff present.
None for Defendant.
Matter is adjd. to 11/01/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv. Chatterje for Plaintiff present.
None for Defendant.
Matter is adjd. to 27/02/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Court is on leave. Hence matter is adj to 30/04/2019
Next Purpose: REPORT
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv for plaintiff Ms.Chatterjee present
Adv for plaintiff filed affidavit of service with the remark according to postal track report deft is served with summons.
O-It appears defendant fail to appear in the suit. Therefore, suit to proceed exparte against deft
Matter is Adjd for Exparte Evidence to 04/07/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Adv.Chhaterji for plaintiff present.
None for Deft.
On oral request of adv.for plaintiff. Adjd. for O-It appears defendant fail to appear in the suit. Therefore, suit to proceed exparte against deft. ex-parte evidence to 16/09/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 16/10/19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. More for plaintiff present.
Draft ch/s @ affidavit filed by plaintiff.
Leave granted to register. Copies be supplied to OS
Adjd. to 04.12.2019 ch/s service.
Next Purpose: SERVICE
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Court is on half-day leave
Next Purpose: SERVICE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: P.O. IS ON LEAVE
Next Purpose: SERVICE
Next Hearing Date: 29-03-2020
Date: 29-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: SERVICE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. More for plaintiff filed registered Ch/s 2021 of 2019. Copy be served to other side.
Adjd for service to 10-08-2021
Next Purpose: SERVICE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Charushila More for plaintiff present.
None for defendant.
The plaintiff directed served copy of chamber summons on the defendant.
Matter is adjd.to 09.09.2021 for service of chamber summons.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Charushila More for the plaintiff present.
None for defendant.
Plaintiff is directed to serve copy of ch/s upon the defendant.
Matter is adjd.to 13.10.2021 at 2.45pm for service of Ch/s.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: None for plaintiff.
None for defendant.
Kb (2.45pm)
Adv. Charushila More for plaintiff present.
Matter is adjd.to 12-11-2021 for affidavit of service & C/S
Hrg. (2.45pm)
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Charushila More for plaintiff present and filed affidavit of service regarding C/S No. 2021/19 t.o.r. and marked as Exh.2
Matter is adjd.to 22-11-2021 for reply to C/S (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Charushila More for plaintiff present and filed list of documents t.o.r. and marked as Exh. 3
None for defendant
Heard Adv. Charushila More for plaintiff on C/S No. 2021/19.
As the proposed amendment is intended to be carried out to correct the title clause after demerger of the plaintiff company as per contents in para 2 of the supporting affidavit, C/S No. 2021/19 is made absolute in terms of prayer clause (a). The plaintiff is directed to carry out the amendment in the plaint within 15days from the date of this order. C/S No. 2021/19 is disposed of.
Matter is adjd.to 08-12-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. Ms. Charusheela More for plaintiff present.
None for defendant.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD and it was duly served upon him as per track report of the postal authority (Exh.B) annexed with affidavit of service dated 10/09/2018, but the defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 11-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None for plaintiff.
Matter is adjd.to 29-01-2022 for ex pate evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None for plaintiff.
Matter is adjd.to 15-02-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Charushila More for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 22-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Charusheela More a/w witness Yogesh Gadkari for plaintiff present and filed evidence affidavit of witness Yogesh Gadkari t.o.r. and marked as Exh.4.
He also filed list of documents t.o.r. and marked as Exh.5.
Oath is administered to witness Yogesh Gadkari. He stated on Oath that evidence affidavit Exh.4 bears his signature and contents therein are correct. He also proved documents filed with list Exh.5 and they are Exhibited as under -
Exh.6 Printout of second copy of Thomson Reuters
Services Contract dt. 13/10/2014.
Exh.7 Printout of the Order Form dt. 13/10/2014.
Exh.8 Printout of the cheque bearing No.420795 for
Rs.1,37,793/- dt. 13/10/2014.
Exh.9 Printout of the email sent by the defendant to plaintiff
dt. 26/9/2014.
Exh.10 Printout of the emails sent by the plaintiff to the
(colly) defendant dt. 8/12/2016 and 5/1/2017.
Exh.11 Printout of Breach of Contract notice issued by the
plaintiff to the defendant dt. 28/4/2017.
Exh.12 Office copy of the legal notice issued by the plaintiff’s (Colly) adv. to the defendant alongwith the orig. postal
receipt and orig. Acknowledgment Due Card dt.11/9/2017.
Exh.13 Particulars of Claim.
Exh.14 Printouts of the outstanding invoices nos.71927320
(Colly) for Rs.2,88,086.85 and 71935702 for Rs.3,08,056.99
raised by the plaintiff upon the defendant dt. 1/7/2015
and 5/7/2016.
Exh.15 Certificate u/s.65B of Indian Evidence Act for
primary evidence of plaintiff.
Exh.16 Certificate u/s.65B of Indian Evidence Act for
secondary evidence of plaintiff.
Exh.17 Photocopy of Board Resolution of the Authorized Signatory of the plaintiff dt. 30/8/2019.
Exh.18 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 1/3/2022 for Exparte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Charushila More for plaintiff present.
Heard Ld. Adv. Charushila More for plaintiff.
Matter is adjd.to 07-03-2022 for ex parte Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None for plaintiff.
Exh. 19 - Ex parte Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 725/2021 is decreed.
2. The defendant is directed to pay amount of Rs.6,54,450/- (Rupees Six Lakhs Fifty-four Thousand Four Hundred Fifty Only )to the plaintiff with interest @ 18 percent p.a. from the date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly
Nature Of Disposal: DECREED
Disposal Date: 07-03-2022