Date: 15-02-2020
Business: Adv Ramesh Kamble for plff present.
He filed affidavit of writ of summons on deft along-with Bailiff report. t.o.r.
Matter stands Adj for written statement to 26/02/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv Ramesh Kamble for plff present.
He filed affidavit of writ of service on deft. t.o.r.
Adv Vimal Bhada for deft present.
Exh 02 - He filed VP for deft. t.o.r.
Matter stands Adj for written statement to 06/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Plff present.
Adv Ganesh Singh for plff present.
Deft and his Adv absent.
KB 11.45 am
LO 1.55 pm
Deft and his Adv absent inspite of repeated calls. Hence suit is proceeded without written statement against deft.
Matter stands Adj for ex-parte evidence to 14/03/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Plaintiff present.
Adv.Ramesh Kamble for plaintiff present.
Adv.for defendant absent.
In view of order dated 06.03.2020 suit is proceeded ex-parte against defendant and posted for evidence on the side of plaintiff. However plaintiff failed to file ex-parte evidence. Hence, suit is keep for further order on next date.
Matter adjd to 27.03.2020 for further order.
Judge
LO at 2.55p.m.
Adv. for defendant present.
Advocate for defendant tender taken on board application
Advocate for defendant tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Defendant is directed to serve copy of notice of motion to the plaintiff on or before 27.03.2020.
Matter adjd to 27.03.2020 for compliance/ reply on notice of motion.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020.
Matter adjd to 17/10/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
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 26/11/ 2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 15.12.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv.Bimal Bhabda for present.
None for defendant.
Adv. for defendant tender registered NM- 1192/20.
Adv. for defendant is directed to serve copy of NM 1192/20 to plaintiff.
Matter adjd to 15.01.2021 for Service.
Next Purpose: SERVICE
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 Service.
LO at 02.30 pm
Adv.Mr.Bimal Bhabhda for defendant present. He filed service report of NM. O-filed. Put up for order on date fixed.
Matter adjd to 11.02.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present for plaintiff.
Adv.Bimal Bhabhda for defendant present.
KB
LO
Adv.Mr.Ramesh D. Kamble for plaintiff present.
Heard Adv.Mr.Ramesh D. Kamble on NM No.1192/20.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.1192/2020 is allowed.
2. The defendant is permitted to file written statement forthwith.
3. Notice of Motion No.1192/2020 stands disposed of.
Matter adjd to 23.02.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None present for plaintiff.
Adv.Bimal Bhabhda for defendant present.
Adv. of defendant filed written statement, Exh.4 t.o.r.
Matter adjd to 08.03.2021 for admission and denial of documents.
LO
Adv.Ganesh Singh for plaintiff present. He informs that he is not served with written statement by the defendant. The defendant to serve the plaintiff the copy of written statement by next date.
Matter adjd to 08.03.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Ramesh Kamble for plaintiff present.
Adv.Bimal Bhabhda for defendant present.
Matter adjd to 20.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present for plaintiff.
Adv.Bimal Bhabhda for defendant present.
The matter is mistakenly posted for framing of issues instead of admission and denial. Put up for admission and denial of documents.
Matter adjd to 03.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.07.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: HHJ is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 20.08.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.13 pm
Adv.Bimal Bhabhda for defendant present.
The stage is of admission and denial. Parties to file their original documents required for filing admission and denial. Defendant submits that he has already filed documents, hence, plaintiff to comply with filing of documents.
Matter adjd to 28.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Ramesh Kamble for plaintiff present.
Adv.Bimal Bhabhda for defendant present.
Adv. of plaintiff filed list of documents, Exh.5 t.o.r.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 29.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
On oral request matter is adjd for filing admission and denial.
Matter adjd to 25.11.2021 for filing admission and denial.
Judge
LO at 11.52 am,
Adv.Bimal Bhabhda for defendant present.
Matter adjd to 25.11.2021 for filing admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
The plaintiff filed admission and denial, Exh.6 t.o.r. Copy of same is kept on record for furnishing it to the defendant.
The defendant is absent. No admission and denial by the defendant.
Matter adjd to 09.12.2021 for CMH/Issues/statement of truth by pltff. and deft.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Ramesh D. Kamble for plaintiff present.
None present for defendant.
Plaintiff filed statement of truth t.o.r. marked as Exh.7 alongwith its true copy for the defendant.
Defendant has not filed statement of truth. Hence, no statement of truth by the defendant. Case to proceed without statement of truth of the defendant.
Matter adjd to 03.01.2022 for issues and CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-01-2022
Date: 09-12-2021
Business: Adv. Ramesh D. Kamble for plaintiff present.
None present for defendant.
Plaintiff filed statement of truth t.o.r. marked as Exh.7 alongwith its true copy for the defendant.
Defendant has not filed statement of truth. Hence, no statement of truth by the defendant. Case to proceed without statement of truth of the defendant.
Matter adjd to 03.01.2022 for issues and CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
Heard the plaintiff. The defendant is absent to make any submissions on case management hearing and framing of issues. After considering the nature of case following scheduled is fixed for trial in view of case management hearing.
Order on Case Management Hearing
Date
Stage
03.01.2022
Issues framed, Exh.8.
On or before 17.01.2022
Filing of affidavit of evidence of PW-1 by the plaintiff.
On or before 28.01.2022
Exhibitions of documents
On or before 10.02.2022
Cross-examination of plaintiffs witness PW-1 by the defendant.
On or before 20.02.2022
Filing of affidavit of evidence of PW-2 by the plaintiff.
On or before 28.02.2022
Cross-examination of plaintiffs witness PW-2 by the defendant.
On or before 10.03.2022
Filing of affidavit of evidence of DW-1 by the defendant.
On or before 21.03.2022
Marking of documents and Cross-examination of defendant witness DW-1 by the plaintiff
On or before 02.04.2022
Date reserved for defendants further witness if any or for argument.
On or before 11.04.2022
Date reserved for cross-examination of defendants witness if any or for argument.
On or before 20.04.2022
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
OR
Judgment.
On or before 30.04.2022
Judgment
Matter adjd to 17.01.2022 for filing affidavit of evidence of PW-1 by pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 28.01.2022 for Evidence as per CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: None present for plaintiff.
None present for defendant.
KB for evidence.
LO at 2.15 pm.
None present.
In view of SOP dated 6.1.2022, matter adjd to 05.02.2022 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 09.02.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present for plaintiff.
None present for defendant.
In view or oral request and SOP dated 06.01.2022, matter adjd to 18.02.2022 for R/E.
Judge
LO at 12.06 pm,
Adv.Ramesh Kamble for plaintiff present.
The plaintiff filed affidavit of examination in chief of PW-1, Mr.Pradeep Phalke t.o.r. It is read and recorded and marked as Exh.9.
In view or oral request and SOP dated 06.01.2022, matter adjd to 18.02.2022 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
Heard the plaintiff on admissibility of documents. No submissions of otherside. Following order is passed regarding exhibition of documents.
1. The document at Sr.No.1 is office copy of the Rate Contract Agreement dated 01.07.2015 alongwith its Annexure-1 (page No.1-3). Read the contents of Para No.3 of affidavit of evidence. It is marked as Exh.10 (colly.).
2. The document at Sr.No.2 is ledger account details for the period from 01.04.2015 to 31.03.2016 (page No.4-8). Read the contents of Para No.5 of affidavit of evidence. It is the contention of plaintiff that these are computer printouts. Certificate U/S.65B is not attached or produce. Hence, the document is marked as Article-X.
3. The document at Sr.No.3 is ledger account details for the period from 01.04.2016 to 31.03.2017 (page No.9). Read the contents of Para No.5 of affidavit of evidence. It is the contention of plaintiff that these are computer printouts. Certificate U/S.65B The Evidence Act is not attached or produce. Hence, the document is marked as Article-X1.
4. The document at Sr.No.4 is ledger account details for the period from 01.04.2017 to 31.03.2018 (page No.10).Read the contents of Para No.5 of affidavit of evidence. It is the contention of plaintiff that these are computer printouts. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X2.
5. The document at Sr.No.5 is email communication dated 06.02.2016 by defendant to plaintiff with attached payment schedule (page No.11-14). Read the contents of Para No.5 of affidavit of evidence. These documents are correspondence ex-changed by email. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X3.
6. The document at Sr.No.6 is email communication dated 11.11.2016 by defendant to plaintiff (page No.15-16). Read the contents of Para No.5 of affidavit of evidence. These documents are correspondence ex-changed by email. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X4.
7. The document at Sr.No.7 is email communication dated 21.12.2016 by plaintiff to defendant (page No.16). Read the contents of Para No.5 of affidavit of evidence. This document is correspondence ex-changed by email. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X5.
8. The document at Sr.No.8 is email communication dated April 21 by plaintiff to defendant (page No.17). Read the contents of Para No.5 of affidavit of evidence. This document is correspondence ex-changed by email. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X6.
9. The document at Sr.No.9 is email communication dated 28.09.2015 by defendant to plaintiff alongwith ledger account for the year 01.04.2015 to 31.03.2016 (page No.18-21). Read the contents of Para No.5 of affidavit of evidence. These documents are correspondence ex-changed by email. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X7.
10. The document at Sr.No.10 is email communication dated 23.11.2016 by plaintiff to defendant (page No.22). Read the contents of Para No.5 of affidavit of evidence. This document is correspondence ex-changed by email. Certificate U/S.65B of The Evidence Act is not attached or produce. Hence, the document is marked as Article-X8.
11. The document at Sr. No.11 is dishonored cheque No.040699 dated 16.06.2016 of Bank of India alongwith cheque return memo. Read the contents of Para No.6 of affidavit of evidence. The document is admitted and marked as Exh.11.
12. The document at Sr. No.12 is demand notice dated 31.10.2017 issued by plaintiff through its advocate (page No.25-37). Read the contents of Para No.7 of affidavit of evidence. The document is admitted and marked as Exh.12.
13. The document at Sr. No.13 is reply of defendant dated 30.12.2017 (page No.38-40). Read the contents of Para No.8 of affidavit of evidence. The document is admitted and marked as Exh.13.
14. The document at Sr. No.14 is reply of defendant dated 05.02.2018 (page No.41-43). Read the contents of Para No.8 of affidavit of evidence. The document is admitted and marked as Exh.14.
15. The document at Sr. No.15 is invoices/delivery challans/written confirmation (page No.44-435). Read the contents of Para No.4 of affidavit of evidence. These documents are admitted and marked as Exh.15 (colly.).
Matter is adjourned for cross-examination of defendant.
Matter adjd to 25.02.2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None present for plaintiff.
None present for defendant.
Witness absent.
KB
LO at 01.07 pm,
Plaintiff present.
Adv.Ramesh Kamble for plaintiff present.
On oral request of the plaintiff adjourned to 05.03.2022 for filing NM for leave for filing additional evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft notice of motion (for filing additional evidence) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Copies of draft NM and affidavit are kept on record for furnishing same to the defendant.
Matter adjd to 10.03.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
The plaintiff tendered registered NM No.867/22 a/w. affidavit t.o.r.
Heard Adv.of plaintiff on NM No.867/22.
F.R.S.R. FOLLOWING ORDER IS PASSED
ORDER
1. Notice of Motion No.867 of 2022 is allowed.
2. The plaintiff is allowed to lead additional evidence and to produce the certificate under Section 65B of the Indian Evidence act.
3. Notice of Motion No.867 of 2022 is disposed of accordingly.
The plaintiff filed additional evidence of Mr.Pradeep Vasant Phalke (PW-1) t.o.r. and marked as Exh.16.
The plaintiff filed additional list of documents t.o.r. and marked as Exh.17.
Matter adjd to 16.03.2022 for say cum admission and denial by the deft. in respect of additional documents Exh.17/order of marking of documents/cross by deft.
Next Purpose: REPLY
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Mr. Ramesh D. Kamble present for plaintiff.
None present for defendant.
The defendant is absent. No admission and denial of the defendant on additional documents filed at exh.17. Hence, suit to proceed further.
Heard the ld. advocate for the plaintiff on admissibility of the documents at list exh.17. No argument of the defendant.
Matter adjd to 19.03.2022 for marking of documents/cross.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
KB
LO at 12.20 pm,
Adv.Ramesh Kamble for plaintiff present.
Witness present.
Documents at list Exh.17 are marked as Exh.18, 20, 22, 24, 26, 28, 30, 32, 34.
Documents at Article-X to Article-X8 at list Exh.17 are marked as Exh.19, 21, 23, 25, 27, 29, 31, 33, 35.
Witness is present. Defendant is absent for cross-examination, hence, no cross.
Plaintiff filed evidence close pursis t.o.r. and marked as Exh.36.
Matter adjd to 01.04.2022 for defendant\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv.Ramesh Kamble for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
Today the case is fixed for defendant\''s evidence. The defendant is absent and failed to adduce evidence. Case to proceed without defendant\''s evidence.
Matter adjd to 11.04.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: None present for defendant.
Plaintiff Pradeep Phalke personally present. He tendered written notes of argument a/w. copy for otherside t.o.r. and marked as Exh.37.
Matter adjd to 18.04.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
None present for defendant.
KB for judgment.
LO at 12.20 pm,
Adv.Ramesh Kamble for plaintiff present.
Heard Adv.of plaintiff.
Judgment dictated and pronounced in open Court. In the judgment letter dated 04.12.2018 annexure exhibit-A to the written statement is exhibited as Exh.38 as admitted document.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.13,65,145.50 alongwith interest @ 12 percent p.a. from 19.10.2015 till the date of its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-04-2022