Date: 18-12-2019
Business: Adv. Nisha Shah for plaintiff present.
Matter adjd to 25.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 25-03-2020
Date: 25-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: REPORT
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Bhumi Jain for plaintiff present.
None for defendant.
Today matter is for report.
Ld Adv for plaintiff filed draft Chamber Summons along with affidavit t.o.r. O- Heard Ld Adv for plaintiff. Leave granted to register CS.
Matter adjd for tendering original registered CS along with affidavit to 16-03-2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Nisha Shah for plaintiff present.
None for defendant.
Ld Adv for plaintiff tendered original registered CS 574 of 2021 along with affidavit t.o.r.
Heard Ld adv for plaintiff.
Matter adjd for CS order to 30-04-2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
As per order of Hon\''ble Principal Judge, City Civil Court, Mumbai, Office Order No. 128/2021 dated 02/07/2021 and approved case transfer list, the case is transferred to Court Room No.14.
Matter is adjd.to 13.08.2021 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Nisha Shah for plaintiff present.
Heard Adv. For plaintiff on Ch/sum no.574/21.
ORDER BELOW CH/SUM NO.574/21
It is submitted on behalf of plaintiff that address of the deft. is changed. Plaintiff wants to amend the title cause of the plaint due to change in the address of the deft. Proposed amendment is of formal in nature. Hence, following order.
ORDER
1. Ch/sum No.574/21 is made absolute in terms of prayer clause (a).
2. Plaintiff is permitted to amend the plaint as per schedule appended to Ch/sum within 14 days.
3. No order as to costs.
4. Ch/sum No.574/21 is disposed of accordingly.
The matter is adjd for compliance to 06.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. Nisha Shah for plaintiff present.
Adv. For plaintiff prayed for issuance of fresh summons to deft. Issue fresh suit summons to the defendant as per form no.5 of Bombay City Civil Rules by R.P.A.D.
The matter is adjd for affidavit of service to 16.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 16.10.2021, hence, the matter is adjd to 27.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv. Nisha Shah for plaintiff present. She prayed for extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons as prayed for is granted.
The matter is adjd for affidavit of service to 23.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Nisha Shah 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 29.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for affidavit of service to 08.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Nisha Shah for plaintiff present.
Exh.2 - Adv. For plaintiff filed service affidavit. T.O.R.
Service is not proper.
Ld. counsel for plaintiff prayed for issuance of fresh writ of summons to defendant. O.- Issue fresh writ of summons to defendant.
The matter is adjd for affidavit of service to 11.04.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Nisha Shah 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 15.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Nisha Shah for plaintiff present.
Exh.3 - Adv. For plaintiff filed affidavit of service. T.O.R.
Service is not proper.
Plaintiff is directed to take further steps.
The matter is adjd for steps to 06.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Darshit Rupda for plaintiff present.
He sought time for taking steps. Time as prayed for is granted.
The matter is adjd for taking steps to 27.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Darshit Rupda i/b. Kapesh Joshi Associates for plaintiff present.
Representative of plaintiff present.
Adv. For plaintiff tendered draft Ch/sum along with affidavit. Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
Plaintiff prayed to issue fresh writ of summons to deft. through electronic mail service. Plaintiff has provided electronic mail address of deft. It is submitted on behalf of plaintiff that electronic mail address mentioned in the application is correct to the knowledge of plaintiff and plaintiff had correspondence with deft. prior to filing of the suit. Averments in the Ch/sum are supported by the separate affidavit filed on record. Plaintiff has made out the case for service of summons through electronic mail service to deft. Therefore, issue fresh writ of summons to deft. through electronic mail service on the electronic mail address provided by plaintiff. Plaintiff is directed to submit plaint and documents annexed with plaint in PDF to Board Department. Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
K.B.
L.O. at 04.50 pm.
Adv. Darshit Rupda for plaintiff present. He tendered disposed of registered Ch/sum No.1084/22. T.O.R.
The matter is adjd for affidavit of service to 24.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Darshit Rupda i/b. Kapesh Joshi Associates for plaintiff present. He prayed for extension of time for service of writ of summons.
O. - Extension of time for service of writ of summons is granted.
The matter is adjd for affidavit of service to 03.10.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to C. R no. 14
Adv. Darshit Rupda h/f Adv. Kalpesh Joshi for plaintiff present.
Affidavit of service filed by adv. for plaintiff t.o.r. and marked as Exh. 4 O- Seen.
As per affidavit of service writ of summons is served to defendant through email. Defendant absent. None for defendant. Hence suit to proceed exparte against defendant.
Adjd for exparte evidence to 02/12/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: The Court is Vacant
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to Court room no. 14
Adv. Darshit Rupda for plaintiff present. Plaintiff witness present.
Affidavit of evidence of Rajeev Khera filed by plaintiff t.o.r. and marked as Exh.5 O- R and R in evidence.
List of documents filed by plaintiff t.o.r. and marked as Exh.6 O- Filed.
Exh- 7 Board resolution dt. 07.07.2022.
Exh- 8 excise invoice dt. 02.07.2016
Exh- 9 excise invoice dt. 11.07.2016
Exh-10 excise invoice dt. 11.07.2016
Exh-11 Excise invoice dt. 23.07.2016
Exh-12 Excise invoice dt. 23.07.2016
Exh- 13 colly Email dt. 10.11.2016, 09.03.2017, 28.02.2017 and 18.07.2017
Exh-14 certificate under section 65B of Evidence Act.
Exh-15 Notice dt. 23.07.2019
Exh-16 Returned packet containing notice dt. 23.07.2019
Exh-17 Particulars of claim.
Adjd for further evidence of plaintiff to 04/01/2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to C. R no. 14
Adv. Darshit Rupda for plaintiff present and tendered evidence closing pursis t.o.r. and marked as Exh. 18 O- R and R.
Adjd for arguments to 24/01/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Matter pertains to C.R. No. 14.
Adv. Darshit Rupada for plaintiff is present.
None for defendant.
Court is busy in passing orders in Commercial suit nos. 22/21, 1111/21.
Case is adjourned for argument to 13-02-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Matter pertains to C.R. No. 14.
Adv Nisha Shah for plaintiff is present.
None for defendant.
Heard ld adv for plaintiff.
Case is adjourned for exparte judgment to 27-02-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Matter pertains to C.R. No. 14.
Adv. Darshit Rupada h/f Adv Kalpesh Joshi for plaintiff is present.
None for defendant.
Court is busy hearing in NM no. 121 of 23, partly hearing on commercial summary suit 280 of 22 and dictating judgment in Commercial Suit No. 342 of 22, 343 of 22 and 344 of 22.
Case is adjourned for judgment to 08-03-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Matter pertains to C.R. No. 14.
Adv. Darshit Rupda i/b. Kalpesh Joshi Associates for plaintiff Present.
None present for defendant.
Court pronounced Judgment in open Court.
Exh.19 – Judgment
F.R.S.R. following order is passed
ORDER
1. Commercial Suit No. 483 of 2021 is decreed with costs.
2. The defendant do pay an amount of Rs.2,56,549/- (Rs. Two Lakhs Fifty Six Thousand Five Hundred and Forty Nine Only) to the plaintiff along with interest at the rate of 18 % per annum on the principal amount from the date of filing of the suit till realization within three months from the date of this decree.
3. Defendant shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
Judgment pronounced in the open Court
Nature Of Disposal: DECREED
Disposal Date: 08-03-2023