Date: 01-11-2019
Business: Adv. Suvarna Gambhir for plaintiff present.
She filed application for extension of time to serve Writ of summons.
O- Time is extended.
Adjd. to 30.11.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Yashpal Jain for plaintiff present.
He filed application for extension of time for service of Writ of summons Time is extended.
Write of summons be served upon defendant through Register A/D.
Adjourned to 21.12.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Suvarna Gambhir for plaintiff present.
She submitted that report of service of Writ of summons is awaited.
Therefore, adjourned for service report to 18.01.2020
Next Purpose: SERVICE
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Adv. Suvarna Gambhir for plaintiff present and filed joint affidavit of service. t.o.r. marked as Exh.2
As per it Writ of summons has been served upon defendant by RPAD. Track report shows that delivery has been made on 14.12.2019. Since that date 30 days have already been expired. but defendant fail to appear. Therefore, suit is to proceed exparte against defendant.
Adjourned for R/E to 24.01.2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Plaintiff present.
Adv. Suvarna Gambhir for plaintiff present.
Exh 3 She filed affidavit of evidence of PW1 Shantilal Vira t.o.r.
Exh.4 She also filed compilation of document t.o.r.
Perused affidavit of evidence, compilation of document Exh.4,
Considering the affidavit of evidence of PW1 Shantilal and that documents are coming through proper custody. Same are marked exhibit.
Exh.5(Colly) Invoice No. 33592 along with consignment Note No. 385
Exh.6 (Colly) Invoice No. 33682 along with consignment Note 436
Exh.7(Colly) Office copy of notice dated 2.05.2018 along with postal money receipt, postal acknowledgment, and returned envelope
Exh.8(Colly) Office copy of notice dated 9.07.18 along with acknowledgment
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Exh.9 Evidence closer pursis filed by adv. for plaintiff.
Adjourned for argument to 28.01.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Yashpal Jain for plaintiff present.
None present for defendant.
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Heard argument of advocate for plaintiff.
Adjourned for judgment to 29.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: None present.
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Exh.10 Judgment is dectated and declared in open court.
Exh.10A FRSR following order is passed
Operative Order
1.Commercial Suit is partly decreed with proportionate costs.
2.Defendant shall pay an amount of Rs.348381 Rupees Three Lakhs Forty Eight Thousand Three Hundred and Eighty One only and so also future interest 12 per annum on principal amount of Rs.269280 Rupees Two Lakhs Sixty Nine Thousand Two Hundred and Eighty only from the date of filing of suit till realization of said amount to the plaintiff.
3.Defendant shall pay proportionate costs of the suit to plaintiff as per section 35 of the Code of Civil Procedure.
4.Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 29-01-2020
