Date: 04-12-2019
Business: Court is on half-day leave
Next Purpose: DIRECTIONS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: None for plaintiff
Adv. Jeel shahnand for defendant
The defendant\''s advocate, when asked, replied that summons has been served on 19/11/19. The record reveals that the defendant appeared before the court by filing vakalatnama on 27/11/19. Thus, the period of 30 days from the date of service of summons already expired. In fact, more than 2 months passed from the date of service of summons. Yet the defendant did not file written statement. No good ground to extend the time particularly considering that this is commercial suit. Hence, the suit to proceed without written statement on behalf of the defendant.
Be posted for no written statement evidence.
Adjd for evidence to 11-02-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Plaintiff Present his Adv absent.
Adv shahanad for defendant present.
LO.
Adv Pandey for present for plaintiff.
on his request Adj to 12-02-2020 for Evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Pandey for plaintiff
Adv. Priyanka shet for defendant.
Adv. for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Affidavit of evidence
Exh.6- List of document
Adjd for hearing of admissibility and proof of documents to 15-02-2020 at 2.45pm
Next Purpose: FOR___________________
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plaintiff present.
Adv. S.P.Pandey for plaintiff
Adv. Jeel Shahani for defendant.
Heard advocate on behalf of plaintiff. The advocate of defendant declined to advance any arguments.
Considering the version in the chief examination affidavit the documents at Sr.No.4, 6 to 8, Page No.41 to 43 out of document at Sr.No.9, Page No.56 to 58 out of document at Sr. No.12, document at Sr.No.14, 17 and 18 be marked as exhibits. As far as rest of the documents are concerned, the version in the chief examination affidavit is not sufficient particularly regarding identification of the signatures on the documents, Hence, the same documents i.e. document at Sr.No.1 to 3, 5, page No.44 to 46 out of document at Sr. NO.9, document at Sr. No.10,11, page No.59 and 60 out of document at Sr. No.12, document at Sr. No.13,15 and 16 cannot be marked as exhibits.
Adjourned for further chief examination affidavit on the request of plaintiff to 21-02-2020 at 11.00am
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: dv Priyanka Seth for deft present.
None for pltff.
KB LO at 12.45 p.m.
Adv S. P. Pandey for the pltff present and filed additional affidavit of chief examination. Same be annexed to the chief examination affidavit, Exh. 5 already on record with further numbering of pages.
Adv Priyanka Seth for deft present.
Matter is adjd to 11/03/2020 for Hearing on admissibility and proof of documents in respect of additional chief examination affidavit.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Representative of plaintiff present.
Adv. S.P. Pandey for plaintiff.
Adv. Komal patel for defendant.
Adjd for admissibility and proof of documents in respect of additional chief to 16-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
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: FOR___________________
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: COURT IS ON LEAVE
Next Purpose: FOR___________________
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 recording evidence.
Next Purpose: FOR___________________
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 11.12.2020 for
Next Purpose: FOR___________________
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None for plff.
None for defendant.
Matter adjd to 08/01/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv.Mr.S.P. Pandey for plaintiff present.
None present for defendant.
Matter adjd to 14.01.2021 for filing statement of truth.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
CA of Plaintiff present.
Adv.for plaintiff absent.
Adv.Priyanka Sheth for defendant present.
CA of Plaintiff filed statement of truth. t.o.r.
Matter adjd to 21-01-2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff present.
Adv.for S.P. Pandey plaintiff present.
Adv. Jeel Shahnand for defendant present.
Plaintiff PW 1 Mahesh Heliya resumed on S.A.
Which is already Exhibited as Exh. 05
Matter adjd to 06-02-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv.for plaintiff absent.
None present for defendant.
PW-1, Mr.Mahesh Helia present and orally seeks time. Time granted as last chance.
Matter adjd to 12.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
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.
ORDER BELOW EXH.5
The documents annexed with this list are exhibited formally. Its evidentiary value will be considered at the time of final argument.
Affidavit of documentary evidence, Exh.
List of documents, Exh.
Board resolution dated 28.12.2018, Exh.8
Defendant Master Data from ROC, Exh.9
Defendant signatory details from ROC,Exh.10 colly.
Form 23 certified copy from ROC department, Exh.11 colly.
Copy of the quotation cum orally confirmed purchase order,Exh.12colly.
Delivery challans acknowledge by authorised person of the defendant with rubber stamps and signature at the site office, Exh.13 colly.
Invoices issued by the plaintiffs and had acknowledged by authorised person of the defendant with rubber stamps and signature at their register office, Exh.14 colly.
Copies of the said Bank statements of Abhudaya Co Cooperative Bank Ltd. Ghatkopar Branch of the plaintiff, Exh.15 colly.
Debit notes acknowledge by authorised person of the defendant with signatory at their register office, Exh.16 colly.
Copy of journal voucher entry pass by the plaintiff and tax credit statement (form 26AS), Exh.17 colly.
Receipt voucher and the Bank statement of Abhudaya Co Cooperative Bank Ltd. Ghatkopar Branch of the plaintiff, Exh.18 colly.
Copies of the said email reminders sent by email Address from sangita@ansteels.com to niravshah@shahgroup.co.in, Exh.19 colly.
Outstanding reminder letter, Exh.20
Postal receipt dated 21.06.2018, Exh.21
Ledger copy of books of account of the plaintiff from 01.04.2016 to 21.06.2018, Exh.22 colly.
Office copy of the said legal notice dated 21.01.2019, Exh.23 colly.
Postal receipt dated 28.01.2019, Exh.24
Acknowledgment card showing receipt of demand notice to defendant on dated 29.01.2019, Exh.25.
Evidence closure pursis, Exh.26 filed by Adv. of plaintiff 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. Jayesh Nishar for defendant present.
Written argument filed by Adv. Jayesh Nishar for defendant and marked Exh. 27
Copy of written argument served for 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
Business: Adv.S.P. Pandey for plaintiff present.
None present for defendant.
Matter adjd to 02.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-03-2021
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.6,28,635/- (Rupees Six Lakhs Twenty Eight Thousand Six Hundred and Thirty Five only) with further interest at the rate of 18 percent per annum on the outstanding amount i.e. Rs.6,28,635/- 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