Date: 01-11-2019
Business: Fresh matter assigned to this Court.
Adv. Kartiki for plaintiff present.
Exh.2 Application by plaintiff for extension of time. TOR. ORDER In view of submission time is extended for service of writ of summons on defendant.
Matter adjd for service affidavit on 23/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Kartiki for plaintiff present.
Matter adjd to 27/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Kartiki Gargi for plaintiff present.
Kb.
Later on at 01.04 pm.
Exh.03- Adv. for plff filed service affidavit alongwith original writ of summons. TOR. O-seen.
Kb.
Matter adjd for Order against defts on 01/02/2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv. Kartiki Gardi for plaintiff present.
None present for deft.
KB.
Court is busy in other matters. Hence adjourned.
Matter adjd for Order against deft on 14/02/2020 at 11.00 am
Next Purpose: ORDER
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: H.H.J. is on Leave
Next Purpose: ORDER
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Rathod for plaintiff present.
None present for defendant
Matter adjd for Order against deft on 07/03/2020 on at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: None present.
KB L.O. a 4.43 pm
Perused service affidavit Ex.03. It is mentioned therein that envelope containing writ of summons and true copy of the suit addressed to the defendant at Gandhidham, Gujrat returned with endorsement unclaimed and the envelope addressed to the defendant at Santalpur, Dist. Patan in the State of Gujrat is returned with remark refused. Therefore I am opinion that the said service is not valid service of writ of summons. Hence, plaintiff is directed to take step to serve writ of summons to the defendant.
Matter adjd for service step to 18-03-2020 at 11.00 am.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Both the parties are absent.
Adjourned for taking steps to 8.4.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Advocate Ram Kutwal for plaintiff is present and requested short adjournment for reissue of writ of summons. Request is allowed.
Adjourned for writ of summons to 22.01.2021.
Next Purpose: WRIT OF SUMMONS
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 05-03-2021 for writ of summons
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: None for plaintiff.
Adv. Mr. Ram Kutwal for defendant present.
Exh.4- Application submitted by plff. for writ of summons.- Allowed.
Matter is adjd.to 27.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 22.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None for plaintiff.
Plaintiff is directed to file service affidavit regarding service of writ of summons to the defendant.
Matter is adjd.to 05-10-2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None for plaintiff.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD, but he did not claim as per report of postal authority and affidavit of service Exh. 3. The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 16-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None for plaintiff.
Matter is adjd.to 04-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: None for plaintiff
plaintiff is directed to adduce evidence on next date of hearing.
Matter is adjd.to 07-01-2022 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None for plaintiff.
Matter is adjd.to 01-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None for plaintiff.
Matter is adjd.to 02-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: None for plaintiff.
Matter is adjd.to 21-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: None for plaintiff.
Matter is adjd.to 16-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: None for plaintiff.
Matter is adjd.to 14-06-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: None present when called
Matter adjd to 26/07/2022 for Ex-Parte Evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: None present when called.
After perusal of roznama plaintiff is not appearing since last many dates. Hence keep for dismissal order to 30/07/2022
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: None present when called.
Adjd for dismissal to 20/08/2022
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: None present when called.
Adjd for dismissal to 17/09/2022
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Sumi Soman present and filed undertaking to file vakalatnama on next date. t.o.r. and marked as Exh. 5. O- Granted time to file VP.
Adjd for dismissal to 31/10/2022
Next Purpose: DISMISSAL
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Sumi Soman filed vakalatnama for plaintiff t.o.r. and marked as Exh. 6. O- Filed
Application filed by adv. for plaintiff to remove the matter from dismissal caption. t.o.r. and marked as Exh. 7 O- Heard. In the interest of justice, matter be removed from caption of dismissal.
Ajd for evidence of plaintiff to 21/11/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Sumi Soman for plaintiff present.
Witness of plaintiff present.
Affidavit of evidence of Lalit Singh filed by adv. for plaintiff t.o.r. and marked as Exh. 8 O- R and R in evidence.
Compilation of documents filed by plaintiff t.o.r. and marked as Exh. 9
Affidavit of document t.o.r. and marked as Exh. 10 O- R and R.
Exh- 11 certified copy of board resolution.
Exh-12 printout of email dt. 20..02.2018 along with purchase order.
Exh-13 printout of email dt. 13.03.2018
Exh-14 office copy of invoice dt. 14.03.2018
Exh-15 photocopy of lorry receipt.
Exh-16 printout of email dt. 16.03.2018
Exh- 17 printout of email dt. 04.09.2018, 19.09.2018 and 03.10.2018
Exh-18 office copy of demand notice dt. 24.01.2019
Exh-19 original postal receipt.
Exh-20 original postal receipt.
Exh-21 print out of email dt. 24.01.2019
Exh-22 copy of non starter report
Exh-23 particulars of claim
Exh-24 original affidavit certificate under section 65 B of evidence Act.
Exh- 25 Evidence closing pursis filed. O- R and R.
Adjd for exparte arguments to 30/11/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Sumi Soman for plaintiff present.
Heard arguments of Adv. for plaintiff
Exh.7 - written argument filed by adv. for plaintiff - Read and recorded
Adjd to 08.12.2022 for exparte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Sumi Soman for plaintiff present. None for defendant.
Exh-27 Judgment.
FRSR the following order is passed
ORDER
1. Commercial Suit No. 128 of 2019 is decreed with costs.
2. The defendant do pay an amount of Rs.3,23,912/- (Rs. Three Lakhs Twenty Three Thousand Nine Hundred and Twelve Only) to the plaintiff along with interest at the rate of 12 percent per annum on the principal amount from the date of filing of the suit till realization within three months from the date of this order.
3. Defendant to bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Nature Of Disposal: DECREED
Disposal Date: 08-12-2022
