Date: 21-10-2019
Business: On 21.10.2019, holiday was declared due to Election. Hence, Matter is taken up on today''s board and it is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Pooja Rathod for plaintiff present.
None present for defendant.
Ld. counsel for plaintiff submitted the original Writ of summons along with track report of the consignment showing that the contents were delivered to the addressee on 09.11.19. She submitted that plaintiff will be submitting his affidavit of service on next date.
Matter stands Adj for appearance of defendant and filing affidavit of service by plaintiff to 09.12.19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv. Pooja Rathod for plaintiff present and filed affidavit of service.
None present for defendant.
Court is busy in dictating ad-interim order in suit 2956/2019.
Matter stands Adj for appearance to 06.01.2020.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Court is on leave
Next Purpose: FOR APPERANCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Called out at 11.35 am.
None present for plaintiff and defendant.
KB.
LO at 12.15 pm.
Adv Pooja Rathod for plaintiff present and submitted affidavit of service. She further submitted that the defendant had been served long back on 09.11.2019 as per postal acknowledgement but has remained absent. Hence, ex party order may be passed against the defendant.
After perusal of affidavit of service and after considering the submissions made before the court, I am satisfied that the defendant has been duly served by register post as per We hereby acknowledgement of the record by Exh.1 alongwith affidavit of service but has remained absent hence suit is proceeded ex party against the defendant. Plaintiff to lead ex party evidence.
Matter stands Adj for ex party evidence by plaintiff and submitting statement of truth, verifying the pleadings and documents filed on record to 10.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Called out at 11.05 am.
Adv. Pooja Rathod for plaintiff present.
None present for defendant. suit ex-parte against the defendant.
Heard Ld. counsel for plaintiff regarding compliance of submitting statement of truth. She submitted that today she is filing affidavit of evidence, list of documents and statement of truth as directed by this court. As per record and roznama dated 24.01.2020, at the stage of first case management necessary orders were passed to proceed Ex-parte against the defendant in the suit. The plaintiff was directed to lead Ex-parte evidence.
Ld. counsel for plaintiff filed Evidence affidavit along with list of documents and statement of truth.
Affidavit of evidence. TOR.
List of documents. O-keep it for hearing on documents.
Statement of Truth. TOR.
Matter stands Adj for hearing and exhibiting documents to 06.03.2020.
Next Purpose: HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Called out at 11.15 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.35 pm
Adv. Pooja Rathod for plaintiff present.
None present for defendant. Suit ex-parte against the defendant.
Heard Ld. counsel for plaintiff on list of documents at Exh. 4 with reference to the Evidence affidavit at Exh. 3.
It is submitted that all the documents sought to be produced by the plaintiff as per list Sr. no. 1 to 20 are either office copies of the original with signatures or they are photocopies of the original and retained as office copies coming from the proper custody before the court. Hence, the same are admissible in evidence. Hence, the documents may be exhibited in view of the averments made in the evidence affidavit.
I have perused the evidence affidavit and documents as per list. I find substance in the submissions made by Ld. counsel for plaintiff as the documents are admissible in evidence and can be marked and exhibited except photocopy of Cheque at Sr. no. 14, which can be marked as an Article at this stage. Hence, the documents are marked and Exhibited from Exh.6 to 24.
Office Copy of Invoice No. 59 dated. 20.12.2015.
Office Copy of Challan No. 62 dated. 20.12.2015.
Office Copy of Challan No. 5244 dated. 20.12.2015.
Office Copy of Invoice No. 69 dated. 31.12.2015.
Office Copy of Challan No. 74 dated. 31.12.2015.
Office Copy of Challan No. 5433 dated. 29.12.2015.
Office Copy of Invoice No. 76 dated. 31.12.2015.
Office Copy of Challan No. 81 dated. 31.12.2015.
Office Copy of Challan No. 5116 dated. 13.12.2015.
Office Copy of Challan No. 5189 dated. 16.12.2015.
Office Copy of Invoice No. 83 dated. 17.01.2016.
Office Copy of Challan No. 5605 dated. 07.01.2016.
Xerox copy of cheque no. 266991 dated 14.05.2016.
Office Copy of Notice dated. 27.10.2017.
Office Copy of Notice dated. 21.02.2018.
Office Copy of Notice dated. 19.03.2019.
Postal Receipt dated 19.03.2019.
Postal acknowledgement Card
Extract of Board Resolution.
Ld. counsel for plaintiff filed evidence close purshis.
Evidence close purshis. TOR.
Matter stands Adj for argument to 26.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: None present.
As per office order No. 94 of 2020 dated 18.06.2020 board dated- 19.06.2020 is adjd to 01.07.2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: None present.
As per office order no. 94 of 2020 dated 18.06.2020 board dated 22.07.2020 is adjd to 27.07.2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: None present.
As per Office Order No.94 of 2020 dated 18/06/2020 board dated 29/07/2020 is adjd to 10/8/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 19.10.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 06/11/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 10/11/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv Pooja Rathod for plaintiff present.
None for defendant.
Adv for plaintiff filed written argument vide Exh-26
Matter adjd to 11/11/ 2020 for order.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 05.12.2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None for plaintiff. None for defendant.
Matter adjd to 15/12/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 21.12.2020 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
None for defendant.
Matter adj to 07.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Pooja Rathod for plaintiff present.
None present for defendant.
Heard.
Matter adjd to 15.01.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 11.02.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Sonal Deulkar for plaintiff present.
None present for defendant.
The Ld.Adv.Sonal Deulkar submitted that on 07.01.2021, the roznama shows that the Adv.for the plaintiff was heard, in fact Adv.Pooja Rathod had not advanced oral argument that day.
Adv. of plaintiff submitted that the written argument submitted may be treated as oral argument.
Due to inadvertance the suit is shown to be heard on 07.01.2021 in the roznama. In view of the submission made by the Adv. for the plaintiff today, the written argument considered and judgment delivered today.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a sum of Rs. 4,38,988/- (Rupees Four Lakhs Thirty Eight Thousand Nine Hundred and Eighty Eight) and further interest at the rate of 10 percent per annum from the date of filing of the suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED IN TERMS OF COMPROMISE
Disposal Date: 11-02-2021