Date: 27-11-2019
Business: By Precipe
None for plff.
Adv. Shanand for deft present.
Plaint
VP
Address Memo
List of documents
VP filed by defendant. TOR
Now adjd for Written statement to 04.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Plaintiff present.
Adv. Komal Patel for deft present.
On oral request of advocate for deft, last chance is granted for written statement by deft to 07.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: CA of Plaintiff present, his adv. absent.
Adv. Priyanka Sheth for defendants present.
On oral request of Ld. Adv. for defendant adjournment granted.
Adjd to 15-02-2020 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plaintiff present.
Adv. S. P. Pandey for plaintiff present.
Adv. Jeel Shahnand for defendant present.
On oral request of Ld. Adv. for defendant adjournment granted as last chance.
Adjd to 28-02-2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Court is on Half day leave. Hence, board discharged.
Adjd to 16-03-2020 for WS .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present. KB
Call at 11.27 am
Adv. for plaintiff present.
Adv. Zeel for defendant present.
In view of order dt. 27/11/2019, the defendant appeared and filed V/P on behalf of defendant. Since 27/11/19 to till today, plaintiff failed to file written statement. Today also ld. counsel for defendant present but failed to file written statement, failed to file adjournment appln. As per order 8 rule 1 of CPC, in Commercial Court Act, it was obligatory on the part of defendant to tender W/S witin 30 days after execution of summons provided that time can be extended upto 120 days. If defendant shows extraordinary reason for non filing of W/S in the present suit, there is no appln. seeking extension of time for filing W/S and hence I proceed to pass following order
ORDER
Suit is proceeded without Written statement.
Matter adjd to 1/4/2020 for evidence on the side of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
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 exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
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 24/11/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
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 ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 16.01.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.S.P. Pandey for plaintiff present.
None present for defendant.
KB
LO
Representative of plaintiff Mr.Mahesh Heliya present.
Adv.S.P. Pandey for plaintiff present.
Adv.Ms.Jeel Shahnand for defendant present.
Adv.of plaintiff filed affidavit of documentary evidence, Exh.6 t.o.r.
List of documents Exh.7 t.o.r.
Statement of truth by Mr.Mahesh Lilit Heliya, Exh.8 t.o.r.
PW No.1- Mr.Mahesh Lalit Heliya resumed on S.A.
Matter adjd to 30.01.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Plaintiff absent.
Adv.Mr.S.P. Pandey for plaintiff present.
None present for defendant.
On the request of Adv.of plaintiff matter adjourned.
Matter adjd to 03.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff present.
Defendant absent.
Adv.S.P.Pandy for plaintiff present.
Adv.for defendant absent.
Today order on Exh.7 i.e. list of document filed by plff.
Order-The documents annexed with this list are exhibited formally. Its evidential value will considered at the time of final argument.
Board Resolution dated 28th December,2018, Exh.9
Defendant Master Data from ROC, Exh.10
Defendant Signatory Details from ROC, Exh.11
Form 23 certified copy from ROC department, Exh.12 (colly)
Copy of the quotation cum orally confirmed purchase order, Exh.13 (colly)
Invoices issued by the Plaintiffs and had acknowledged by Authorized person of the Defendant with Rubber Stamps and Signature at their register office, Exh.14 (colly)
Delivery Challans acknowledge by Authorised person of the Defendant with Rubber Stamps and Signature at the site office, Exh.15 (colly)
Copies of the said Bank Statments of Abhyudaya Co Operative Bank Ltd Ghantkopar Branch of the Plaintiff, Exh.16 (colly)
Debit Notes acknowledge by Authorised person of the Defendant with Signature at their register office, Exh.17 (colly)
Copies of the said email reminders sent by Email Address from sangita @ansteels.com to niravshah@shahgroup.co.in., Exh.18 (colly)
Outstanding reminder letter dated 21/06/2018, Exh.19 (colly)
Postal receipt dated 21/06/2018, Exh.20
Ledger copy of Books of Account of the Plaintiff from 01/04/2015 to 31/03/2017 and 1/04/2017 To 31/01/2019, Exh.21 (colly)
Outstanding shown in Plaintiff Books of Account, Exh.22
Office Copy of the said Legal Notice dated 21/01/2019, Exh.23 colly.
Postal receipt dated 28/01/2019, Exh.24
Acknowledgement Card showing Receipt of Demand Notice to Defendant on dated 29/01/2019, Exh.25
Matter adjd to 12/02/2021 for further evidence if any.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Mr.S.P. Pandey for plaintiff present.
Adv.Ms.Jeel Shahnand for defendant present.
Evidence closure pursis filed by plaintiff, Exh.26 t.o.r. O-filed.
Matter adjd to 18.02.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Plaintiff present.
Adv.S.P. Pandey for plaintiff present.
None present for defendant.
Heard final argument of Adv.Mr.S.P.Pandey.
KB
LO
Adv.S.P. Pandey for plaintiff present.
Adv.Mr.Jayesh Nishar for defendant present.
Matter adjd to 25.02.2021 for argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. for plaintiff
Adv. Jayesh Nishar for defendant present.
Written argument filed by Adv. Jayesh Nishar for defendant and marked Exh. 27
Copy of written argument served to plaintiff.
Heard argument.
Adv. S.P. Panday for plaintiff present.
Matter adjd to 01/03/2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Date: 02-03-2021
Business: Adv.S.P. Pandey for plaintiff present.
None present for defendant.
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.16,38,562.00/- (Rupees Sixteen Lakhs Thirty Eight Thousand Five Hundred Sixty Two only) with further interest at the rate of 18 percent per annum on the principal amount i.e. Rs.10,00,000/- (Rupees Ten Lakhs Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 02-03-2021