Date: 16-12-2019
Business: Adv. K.V. Singh for plff. present.
Exh.1 Plaint.
Exh.2 V.P.
Exh.3 Address Memo.
Exh.4 List of documents.
Issue Writ of summons to the defendant returnable to 27.01.2020.
Adjourned to 27.01.2020. for Service of Writ of Summons.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. R.S. Morya for plaintiff present.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to 04-02-2020 for service of writ of summons
Next Purpose: SERVICE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. R. S. Mourya for plaintiff present and tendered application to serve summons to defendant through Electronic Mail service (Exh. 5).
Order - The plaintiff is directed to file affidavit as contemplated under rule 5 of the Bombay High Court Service of processes by electronic mail service (Civil Proceeding ) Rules, 2017.
Adjd to 25-02-2020 for report.
Next Purpose: REPORT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. R. S. Maurya for plaintiff present and tendered affidavit in support of application for service of writ of summons through electronic mail service.
Order on Exh. 5 -
Application granted. Writ of summons be serve to the defendant through electronic mail service as prayed.
None for defendants.
Adjd to 17-03-2020 for service .
Next Purpose: SERVICE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
As per the notification by Hon\''ble High Court, no urgency. Hence matter is adjourned on next date.
Matter adjd to 06.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-04-2020
Date: 06-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
09
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.190/2019
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 9/11/2020 for service.
Judge
Next Purpose: SERVICE
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 service.
Next Purpose: SERVICE
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 17.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 13.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.R. S. Mory for plaintiff present.
None present for defendant.
Matter adjd to 22.01.2021 for steps as last chance.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. R. S. Morya for plaintiff present.
Adv.for defendant absent.
Perseus the order of this Court to serve the defendant through electronic mail service. The plaintiff has served the defendant by email on 14/03/2020. He had filed affidavet Exh.06.
Put up for order before against defendant.
Matter adjd to 01-02-2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Plaintiff absent.
Defendant
Adv. R. S. Maurya for plaintiff present.
None for defendant
The Defendant served by e-mail, has failed to appear in the suit.The suit to proceed to exparte against defendant..
Matter adjd to 18.02.2021 for evidence
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.R.S. Mourya for plaintiff present.
None present for defendant.
KB
LO
Adv.R.S. Mourya for plaintiff present.
Witness present.
Statement of truth, Exh.7 filed by Adv. of plaintiff t.o.r. O-filed.
Affidavit of examination-in-chief, Exh.8 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1- Mr.Shriram Samria resumed on S.A.
List of documents, Exh.9 filed by Adv. of plaintiff t.o.r.
O-The documents annexed with this list are exhibited. Its evidentiary value will be considered at the time of final argument.
Certified extract of resolution dated 06th December 2018, Exh.10
Email dated January 23, 2016 to Podar Education Network regarding Order of Books outside Podar school with certificate, Exh.11 colly.
Email dated February 13, 2016 for dispatch of books to defendant, Exh.12
Invoice dated 15 February 2016 along with list of books dispatched, Exh.13 colly.
Email dated October 6, 2016 to the defendant from plaintiffs, Exh.14
Email dated October 24, 2016 for return of stocks i.e. Books along with list of Books, Exh.15 colly.
Credit Note dated November 1, 2016 given to defendant by the plaintiffs, Exh.16
Legal Notice dated 18 September, 2017 through plaintiff\''s advocate to the defendant alongwith Postal receipt, Exh.17 colly.
Legal Notice dated 26 July 2018 from plaintiffs through their advocate to the defendant alongwith Postal Receipt, Exh.18 colly.
Legal notice dated 26.11.2018 from plaintiffs through their advocate to the defendant alongwith postal receipt, Exh.19 colly.
Evidence closure pursis, Exh.20 filed by Adv. of plaintiff t.o.r.
Matter adjd to 26.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: None for Defendant.
Advocate Mr. R.S.Maurya for plaintiff present.
Heard argument.
Matter adjd to 2/03/2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.R.S. Mourya for plaintiff absent.
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 plaintiffs a sum of Rs.2,89,971/- (Rupees Two Lakh Eighty Nine Thousand Nine Hundred Seventy One only) being principal amount with further interest at the rate of 10 percent per annum 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