Date: 09-12-2019
Business: PO is on Training
Next Purpose: REPORT
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Both parties and his advocate are absent.
Matter is adjd to 24.02.2020 for Report
Next Purpose: REPORT
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Hetal Vakil For plff. Present.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed Application for issuance of fresh writ of summons. Exh-5 Order- issue fresh summons as prayed.
Matter is adjd to 09.04.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Next Purpose: REPORT
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPORT
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Due to Covid-20 pandemic none appeared.
Next Purpose: REPORT
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Court is on Leave.
Matter is adjd to 07.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 09.07.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 06.09.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None present.
Matter is adjd for report to 22.03.2022
Next Purpose: REPORT
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: PO is on training. Hence, matter adj. to
Next Purpose: REPORT
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Advocate Ms. Hetal Vakil for plaintiff present.
Representative of plaintiff present.
None for defendant.
Exh.6-Advocate for plaintiff filed affidavit of service alongwith original writ of summons.TOR. Accordingly the defendant no. 1 is served through registered post. However, he has not caused his appearance. Hence, matter is proceed ex-parte against defendant no.1.
Matter is adjd. to 25-08-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Vakil for Plaintiff present and filed application for issue a fresh writ of summons. (Exh.07).
O-Issue fresh writ of summons to defendant no.2.
None for Defendant.
Matter adjourned to 11.11.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: None for plaintiff.
Suit ex-parte against defendant No.1.
No affidavit of service regarding defendant No.2 is filed.
Plaintiff to take proper steps.
Matter is adj to 03/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv.Hetal Vakil i/b J.R.Vakil and Associates for plaintiff present. She submits that report is still awaited.
Matter is adj to 17/04/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Hetal Vakil i/b M/s J.R.Vakil and Associates for plaintiff present. She submits that the postal acknowledgment about service of the summons is not received. She has also wrote complaint to the Post Department through Registrar of this court. However still nothing is communicated by Post Department. She seeks time.
Time granted.
Matter is adj to 21/07/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hetal Vakil i/b J. R. Vakil and Associates for plaintiff is present and prayed for time to file service affidavit.
Matter is adj to 27.10.2023 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hetal Vakil i/b M/s J. R. Vakil and Associates for plaintiff is present and filed affidavit of service. It is marked as Exhibit.
As court is busy in recording evidence in Suit No. 6983/06, remaining morning board is discharged.
Parties are at liberty to tender affidavits, reply, application etc, if any.
Matter is adj to 12.02.2024 for hearing on affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of the plaintiff is present.
Adv. Jitendra Gupta i/b J. R. Vakil for plaintiff is present.
Order below Exh-8
On perusing affidavit of service at Exh-8, it appears that the writ of summons served by RPAD to the defendant No.2 is served on 11.10.2022, as per letter issued by Post office, Mumbai dated 08.06.2023. The defendant No.2 failed to appear. Hence, matter to be proceeded ex-parte against the defendant No.2.
The plaintiff is directed to take steps to serve the writ of summons in respect of defendant No.1.
Matter is adj to 08.04.2024 for taking steps against the defendant No.2
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of the plaintiff present. advocate are absent.
kept back.
Later on 12.30
Adv. for plaintiff is present.
Matter is adj to 13/06/2024 for Ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, Representative of the plaintiff is present.
Adv. Jitendra Gupta for plaintiff is present and filed Evidence affidavit of Swati Kalatme and list of documents along with documents and certificate u/s 65B of The Indian Evidence Act. Taken on record. They are marked as Exh-9, 10 and 11. respectively.
Matter is adj to 22.07.2024 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.
Heard counsel for Plaintiff on admission and denial of the documents.
Matter is adj to 04/09/2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta h/f Adv. J. R. Vakil and Associates for plaintiff is present.
Court is busy in dictating order in Sum. Suit No. 1106/2015 and recording evidence in Suit 1228/2015.
Matter is adj to 22.10.2024 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 1.04 pm
Adv. Jitendra Gupta i/b J. R. Vakil and Co. for plaintiff is present
Keep back.
Perused documents filed by the plainiff vide list Exh-10. Documents at Sr. No.1, 2, 5, 6, 9 and 10 are original and document at Sr. No.12 is office copy of notice and documents at Sr. no.13 and 14 are original postal receipt and A. D. Card. Documents at Sr. No.3, 4 and 11 are computerized print outs supported by certificate u/s 65B(4) of The Indian Evidence Act at Exh-11. Documents at Sr. No.7 office copies of invoices. Hence, these documents are marked as Exhibits.
Exh-12 Original Board Resolution dated 25.02.19.
Exh-13 Original Board Resolution dated 05.08.2021
Exh-14 Print out of Purchase Order dated 07.06.2016(Supported by certificate u/s 65B of the Indian Evidence Act)
Exh-15 Print out of Purchase Order dated 06.09.2016 (Supported by certificate u/s 65B of the Indian Evidence Act)
Exh-16 Original Lorry Receipt Dated 11.06.2016.
Exh-17 Original Lorry Receipt Dated 08.09.2016.
Exh-18 Office copy of Invoice bearing No. T64974 dated 11.06.2016.
Exh-19 Office copy of Invoice bearing No. T70745 dated 09.09.2016.
Exh-20 Office copy of Credit Note dated 16.08.2016
Exh-21 Office copy of Cridit Note dated 16.11.2016
Exh-22 Office copy of sales ledger dated 01.04.2016 to 31.03.2018 (Supported by certificate u/s 65B of the Indian Evidence Act)
Exh-23(colly) Office copy of notice dated 11.02.2019 along with Original Postal Receipt and A. D. Card.
Matter is adj to 02.12.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present.
Adv. S. R. Maurya for plaintiff is present and filed evidence close pursis. Taken on record. It is marked as Exh-24.
Matter is adj to 02.01.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2025
Date: 02-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, representative of plaintiff is present.
Adv. Jay Yadav for plaintiff is present and filed an application for production of additional evidence along with additional evidence. Taken on record. They are marked as Exh-25 and 9A respectively.
Order below Exh-25
Perused application and record. Heard Ld. counsel for plaintiff. Plaintiff wants to file additional evidence affidavit to explain mistake by way of typographical mistake committed in paragraph No.4 of Evidence on affidavit at Exh-9. Further, it is submitted that already purchase Orders are marked as Exh-13 and 14 respectively. Therefore, I am of the view that no prejudice would cause to defendant, if application to file additional evidence is allowed. Hence, I proceed to pass following order-
Order
1. Application at Exh-25 is hererby allowed.
2. Additional evidence be taken on record.
Counsel for plaintiff also filed evidence close pursis. Taken on record. It is marked as Exh-26.
Matter is adj to 31.01.2025 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Swati Kalatme, representative of plaintiff is present.
Keep back.
Later on at 12.04 pm.
Adv. Jitendra Gupta i/b J. R. Vakil and Associates for plaintiff is present.
Heard ex-parte argument of counsel for plaintiff.
Matter is adj to 17.02.2025 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Ex-parte judgment is marked as Exh-27
FRSR following order is passed
Order
1)Summary Suit No. 974 of 2019 is hereby decreed with the costs.
2)The defendants shall jointly or/and severally pay an amount of Rs. 78,700/-(Rupees Seventy Eight Thousand Seven Hundred only) to the plaintiff.
3)The defendants shall pay to the plaintiff simple interest on Rs. 50,877/-. at the rate of 7 percent per annum from 23/08/2019, the date of filing of suit till its full realization.
4)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
5)The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-02-2025