Date: 01-11-2019
Business: None present.
Issue writ of summons.
Matter is adjd. for writ of summons on 06.12.2019.
LO
Adv. Mr. Seegarlal for plff present.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Advocate Jayesh Mestry for plaintiff is present and requested short adjournment. Request is allowed.
None present for defendant.
Adjourned for writ of summons to 28.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Advocate Jayesh Mestry for plaintiff is present.
None present for defendant.
Adjourned for writ of summons to 05.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Jayesh Mistri for plaintiff is present.
None present for defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 Colly - Two affidavit of service filed by advocate for plaintiff.
Adjourned for hearing on Exh.05 to 14.02.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Advocate Mr. Jayesh Mestry for plaintiff is present and filed affidavit of service alogwith original writ of summons at Exh. 05 collectively.
None present for defendant.
Track report of service affidavit shows that item delivery confirm on dated 30.11.2019. Writ of summons is duly served on the defendant. Defendant is absent when repeatedly called out. Hence, this suit of the plaintiff is proceed without written statement.
Adjourned for (ex-parte) evidence to 24.03.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 02.11.2020.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Plaintiff and its advocates are absent when called out.
Adjourned for Ex parte evidence on 17.12.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) evidence to 22.01.2021.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 26-02-2021 for evidence ex-parte
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Mr. Jayesh Mestri for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 12.03.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. for Jayesh Mestry for plaintiff present.
None for defendant.
Exh.6- P.W.1 Jeetu Shamdasani- affidavit of evidence.
Exh.7- List of documents.
In view of testimony of P.W.1, documents are marked as follows.
Exh.8- Extract of Board Resolution dtd.17.01.19
Exh.9- Printout of the Purchase order no.1581.
Exh.10- Printout of the Purchase order no.4830-1.
Exh.11- Email addressed by deft. a/w printouts of the Performa Invoices.
Exh.12- Details of payment through Bank trf. To deft.
Exh.13- Printouts of the E-mail addressed by the plff to the deft.- 05.05.2018.
Exh.14- Printouts of the E-mail addressed by the plff to the deft.- 17.05.2018, 24.05.20218 and 30.05.2018.
Exh.15- Printouts of the E-mail addressed by the plff to the deft.- 06.06.2018.
Exh.16- Printouts of the E-mail addressed by the plff to the deft.- 12.06.2018.
Exh.17- Printouts of the E-mail addressed by the plff to the deft.- 26.06.2018
Exh.18- Printouts of the E-mail addressed by the plff to the deft.- 18.07.2018. Printouts of the E-mail addressed by the Deft. to the Plff.
Exh.19- Printouts of the E-mail addressed by the plff to the deft.- 20.07.2018.
Exh.20-Office copy of the notice sent by the plff to the deft.
Exh.21- Original registered post AD card bearing receipt of acknowledgment.
Exh.22- Original Packet returned with the remark \''Left\''.
Exh.23- Particulars of claim.
Exh.24- Original section 65B Certificate.
Matter is adjd.to 19/03/2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Jayesh Mestry for plaintiff present.
None for defendant.
Exh.25- Evidence close pursis filed by plaintiff.
Heard argument of Adv. Jayesh Mestry for plaintiff.
Exh.26 Judgment delivered.
Judgment dictated and pronounced in open court.
F.R.S.R the following order is passed.
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.9,17,203/- Rupees Nine Lakhs Seventeen Thousand Two Hundred and Three Only with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 19-03-2021