Date: 14-10-2019
Business: Adv.K.S. Tripathi for Plaintiff present.
None present for defendant.
Adv. For plaintiff filed affidavit of service of Writ of summons. t.o.r.
Acknowledgement annexed to the affidavit. It appears that despite service of Writ of summons defendants did not appear.
Adjd. To 13.11.2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Krishnagopal Tripathi for plaintiff present.
Defendants are absent.
Despite service of Writ of summons defendants failed to appear before this court.
Therefore, suit is to proceed ex-parte against them.
Adjourned for Ex-parte evidence to 2.12.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. K.S. Tripathi for plaintiff present.
Plaintiff present.
Ex 3 He filed affidavit of evidence t.o.r.
Ex 4 He also filed Compilation of document t.o.r.
Perused affidavit of evidence and compilation of document Ex4.
Photocopy of Pan-card is produced on record.
Original of the same is produced for verification. Copy of Pan-card is as per original. (Original Pan Card is returned to the Witness.)
Ex 5 Copy of Pan card is marked Ex 5 t.o.r.
Considering the affidavit of evidence following documents are marked Exhibit.
Ex 6 Carbon copy of Tax in invoice Dated 10.11.2017
Ex 7 Carbon copy of delivery Challan Dated 10.11.2017
Ex 8 Copy of screen shot printout dated 2.01.11 (Defendants have not disputed payment of Rs 10,0000/- vide RTGS so this document is marked Exhibit.)
Ex 9 Laser statement provide by defendant .t.o.r.
Ex 10 Cheque dated 8.02.2018. t.o.r.
Ex 11 Letter memo dated 9.04.18 t.o.r.
Ex 12 Carbon copy of Tax invoice dated 18.04.2018 t.o.r.
Ex 13 Cheque dated 22.04.2018 t.o.r.
Ex 14 Return memo dated 24.04.2018. t.o.r.
Ex 15 Cheque dated 15.10.2018 t.o.r.
Ex 16 Return memo dated 16.10.2018 t.o.r
Ex 17 Office copy of notice dated 20.10.2018 t.o.r
Ex 18 Postal acknowledgment of defendant no 1. t.o.r.
Ex 19 Return envelop of defendant no 1 t.o.r.
Ex 20 Reply from adv. For defendant no 1 t.o.r.
Ex 21 Carbon copy of Reply from adv. for plaintiff. t.o.r.
Ex 22 Postal Money receipt of said notice t.o.r.
Ex 23 Postal acknowledgment of said notice. t.o.r.
Ex 24 Evidence closer pursis filed by adv. for plaintiff t.o.r.
Adjourned to 13.12.2019 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. K.S. Tripathi for plaintiff present.
KB
LO
Same appearance for plaintiff.
Heard adv. for plaintiff.
Adjourned to 19.12.2019 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Tripathi for plaintiff present.
KB
LO
F.R.S.R. following order is passed ORDER 1.Commercial suit is decreed with costs. 2.Defendants Nos.1 to 3 do pay jointly and severally an amount of Rs.19,74,456/- and future interest @ 18 per annum on the balance principal amount of Rs.15,37,000/- from the date of institution of suit till realization of said amount.
3.Defendants do pay 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: DECREED
Disposal Date: 19-12-2019
