Date: 26-09-2019
Business: Adv. Nagvadaria for plaintiff present.
None present for defendant.
Affidavit of service filed by the plaintiff in respect of service to the defendant.
Adjourned for order to 4.10.2019.
Next Purpose: ORDER
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Nagvadaria for plaintiff present.
Plaintiff filed the affidavit of service. The postal acknowledgment Exh. -A is attached to it. Form the postal acknowledgment it reveals that the defendant has been duly served but none appeared on behalf o the defendant. Hence suit to proceed expart against defendant.
Adjourned for exparte evidence and documents to 11.11.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Adv. Nagvadaria for plaintiff present.
Affidavit of examination in chief of PW-1 Mohammad Mazhar Urooj Shaikh
Compilation of documents filed by the plaintiff.
The plaintiff has filed affidavit of examination in chief of PW-1 and the documents at list Exh. 3. The defendant has not turned up in the matter and suit proceeded exparte. So therefore there is no purpose keeping the matter for case management hearing. Hence the matter is kept for hearing on admissibility of the documents at list Exh. 3
Adjourned for hearing on admissibility of the documents to 2.12.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Mr. Nagvadaria for plaintiff present.
None for defendant.
Adv. for plaintiff filed application to take on record the certificates under section 65-B of Indian Evidence Act.
O. - Production is allowed.
List of further documents of the plaintiffs along with two certificates.
Heard Ld. Counsel for the plaintiff.
From the evidence, it appears that necessary avernments are in the evidence as regards the documents and the documents are admissible in evidence.
The document at Sr. no.6 and 8 are supported by necessary certificates u/s.65-B of Indian Evidence Act.
Original resolution of the plaintiffs.
Office copy of bill no.282 of the plaintiffs.
Office copy of bill no.301 of the plaintiffs.
Office copy of bill no.338 of the plaintiffs.
Office copy of bill no.366 of the plaintiffs.
Audited extract of ledger of the defendants in books of accounts of plaintiffs.
Certificate at Sr. no.1 of list Exh.4(A).
Original minutes of meeting between the plaintiffs and defendants.
Copies of e-mails of the plaintiffs to defendants.
Certificate at Sr. no.2 of list Exh.4(A).
Copy of letter from defendants to Mediation Center, city Civil Court, Mumbai.
Pursis filed by Adv. for plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 04.12.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Mr. Nagvadaria for plaintiff present.
None for deft.
Arguments are partly heard.
The matter is adjd for further arguments to 05.12.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Mr. Nagvadaria for plaintiff present.
None for deft.
Ld. counsel for the plaintiff seeks time for arguments. Hence, the matter is adjd for arguments to 11.12.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Mr. Nagvadaria for plaintiff present.
None for deft.
Heard arguments of Adv. for plaintiff.
The matter is adjd for judgment to 03.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Nagvadaria for plaintiff present.
None for deft.
Exh.16 Judgment.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with cost.
2. Defendant company to pay plaintiff company an amount of Rs.10,32,872/- along with interest at the rate of 8 percentage per annum from the date of filing of the suit till its realization.
3. Decree be drawn accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-01-2020
