Date: 02-01-2020
Business: Adv. Ashar for plaintiff present.
Adjd to 04.03.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Ashar for plaintiff
Adv. Arvind Taral for defendant filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Vakalatnama
The Ld advocate on behalf of the defendant submited that the defendant has not received the copy of plaint annexures. The Ld advocate on behalf of the plaintiff shown readiness to serve the copy of plaint and annexures therewith to the advocate of the defendant within couple of days. Hence, the matter is adjd for filing of written statement.
Adjd for written statement to 03-04-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-07-2020
Date: 05-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 14.10.2020for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
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 w/st.
Next Purpose: WRITTEN STATEMENT
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 02/12/ 2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.for plaintiff absent.
Adv.Arvind Taral for defendant present and tendered vakalatnama.
Defendant appeared on 4/3/2020.
As per procedure of Commercial Court Act it was upon plaintiff to tender original documents alongwith statement of truth. Plaintiff failed to file original documents alongwith statement of truth.
Plaintiff to take note of above said direction.
Matter adjd to 17/12/2020 for w/s/compliance/order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 08.01.2021 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 21.01.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None for defendant.
Adv.Viral Shukla for plaintiff present.
Adv. for plaintiff tender original writ of summons. t.o.r.
Adv. for plaintiff tender list of document t.o.r.
O.- Filed.
Adv. for plaintiff tender statement of truth.
O. - Filed.
Matter adjd to 08-02-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None present for plaintiff.
Adv.Arvind Taral for defendant present and requested to keep back the matter.
KB
LO
Adv.Viral Shukla i/b. Shukla and Associates for plaintiff present.
Affidavit of service, Exh.8 filed by Adv.of plaintiff t.o.r.
KB
LO
Adv.Leena Panpatil h/f. Adv.Arvind Taral for defendant present and she informs that close relative of Adv.Arvind Taral had expired because of corona virus. She seeks short adjournment.
Matter adjd to 11.01.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv.Niraj Shukla for plaintiff present.
None present for defendant.
KB
LO
Adv.Arvind Taral for defendant present.
Adjournment application, Exh.9 filed by Adv.of defendant t.o.r.
O-Plaintiff to say.
KB
LO
None present.
Order on Exh.9
Rejected as no just ground.
Matter adjd to 17.02.2021 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.Viral Shukla for plaintiff present.
Adv.Arvind Taral for defendant present.
With consent matter adjourned.
Matter adjd to 18.02.2021 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv.Viral Shah for plaintiff present.
Adv.Arvind Taral for defendant present.
Written statement filed by Adv. of defendant t.o.r. O-filed.
Matter adjd to 01.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: None present for plaintiff.
Adv.Mr.Arvind Taral for defendant present.
Adv. of defendant filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
KB
LO
Adv.Mr.Arvind Taral for defendant present.
Copy of draft NM be served on the plaintiff.
Matter adjd to 08.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Viral Shukla for plaintiff present.
Adv.Arvind Taral for defendant present.
Adv. of deft. filed registered NM No.633/21 a/w. affidavit in support of registered NM No.633/21.
Matter adjd to 22.03.2021 for framing of issues.
LO at 03.15 pm
Adv.Viral Shukla for plaintiff present and tendered draft issues t.o.r.
Heard.
F.R.S.R. the following order is passed
ORDER ON NM NO.633/21
1. The Notice of Motion No.633/2021 is allowed.
2. The delay to file written statement is condoned.
3. The defendant is permitted to file written statement.
4. The Notice of Motion No.633/2021 stands disposed of.
Matter adjd to 22.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: None present for plaintiff.
Adv.Arvind Taral for defendant present.
Matter adjd to 06.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
Adv.Arvind Taral for defendant present.
Matter adjd to 30.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: None present for plaintiff.
Adv.Arvind Taral for defendant present.
The Ld. Adv. for the defendent submitted that copies of documents and copies of statement of truth filed by plaintiff is not received.
Plaintiff to note and comply.
Matter adjd. to 12.08.2021 for plff. compliance, admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present for plaintiff.
Adv. Arvind Taral for defendant present.
In view of roznama dated 23.07.2021, directions were given to the plaintiff to supply copies of documents and statement of truth to the defendant. The plaintiff is not present and has not complied with the same.
K.B.
L.O. at 3.15 p.m.
None present.
Till now the plaintiff is not present and has not complied with the directions issued in roznama dated 23.07.2021.
Matter is adjd to 03.09.2021 for orders against the plaintiff.
Next Purpose: ORDER
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.41 pm
Adv.Arvind Taral for defendant present.
KB
LO at 03.54 pm
None present.
ORDER
Inspite of repeated directions to the plaintiff to supply copies of documents and statement of truth to the defendant, the plaintiff failed to comply with the same. This is 3rd date for plaintiff\''s compliance. Hence, I passed the following order.
ORDER
As the copies of documents and copy of statement of truth is not furnished by the plaintiff and he failed to comply with the directions issued by the Court, said documents and statements are taken off from the record and treated as not filed.
Matter adjd to 22.09.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: None present for plaintiff.
Adv.Arvind Taral for defendant present.
K.B.
L.O. at 12.50 p.m.
Adv. Viral D.Shukla for plaintiff present.
The plaintiff submits that he will serve the copy of statement of truth and documents to defendant. Plaintiff to take steps regarding order passed on last date.
Matter adjd to 29.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv.Viral Shukla i/b.Shukla and Associates for plaintiff present.
None present for defendant.
The plaintiff tendered draft notice of motion a/w. affidavit in support to set aside order dated 03.09.2021. O-Leave granted to register.
The plaintiff undertake to serve the copy of draft notice of motion to defendant. The defendant to file reply on 25.10.2021. Copy of same be served in advance to the plaintiff.
Matter adjd to 25.10.2021 for NM reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Viral Shukla i/b Shukla and Associates present for plaintiff.
None present for defendant.
The plaintiff tendered registered NM 2283/21 alongwith affidavit in support.
KB
LO at 12.22 p.m.
Adv. Arvind Taral for the defendant present.
Adv. Viral Shukla i/b Shukla and Associates present for plaintiff.
The defendant submits that he has received copy of NM and affidavit. He requested time to file reply.
Matter adjd to 22.11.2021 for Reply in NM.
Next Purpose: REPLY
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv.Viraj Dilip Shukla i/b Shukla and Associates for plaintiff present.
None present for defendant.
KB
LO at 03.38 pm,
Adv.Arvind Taral for defendant present. He gave reply on notice of motion No.2283/21 itself.
F.R.S.R. the following order is passed
ORDER
1. Notice of motion is allowed.
2. The order dated 03.09.2021, directing to remove the documents and statement of truth filed by the plaintiff from record is set aside and statement of truth dated 02.02.2021 and list of documents dated 21.01.2021 are restored on record.
3. Costs of notice of motion shall follow the event.
Matter adjd to 16.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for plaintiff.
None present for defendant.
Read the roznama dated 08.03.2021. Written statement is read and recorded and marked as Exh.10
Matter adjd to 06.01.2022 for admission and denial.
LO at 12.34 p.m.
Adv.Arvind Taral for defendant present. He received copy of Exh.06 (list of documents).
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present for plaintiff.
Adv. Arvind Taral present for defendant.
On oral request of defendant adjd. for admission and denial by the parties.
Matter adjd to 9/2/2022 for admission/denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 08.03.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm,
Adv.Viral Shukla i/b.M/s.Shukla and Associates for plaintiff present.
Adv.Arvind Taral for defendant present.
The defendant filed admission and denial t.o.r. and marked as Exh.10. Copy of the same is received by advocate of plaintiff.
Matter adjd to 01.04.2022 for steps by the deft. regarding production of documents.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Mr.Popat Ramchandra Parekh, representative of plaintiff present.
None present for defendant.
KB
LO at 11.35 am,
Adv.Viral Shukla i/b.Shukla and Associates for plaintiff present.
Defendant absent. No steps taken for production of documents.
Matter adjd to 26.04.2022 for admission and denial by the pltff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
None present for defendant.
The plaintiff failed to file admission and denial. Case to proceed without admission and denial of the plaintiff.
Matter adjd to 20.06.2022 for issues/CMH.
Judge
LO at 12.30 pm,
Mr.Prabhakar Kate, representative of plaintiff present.
Adv.Arvind Taral for defendant present.
Matter adjd to 20.06.2022 for issues/CMH.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Viral Dilip Shukla present for Plff.
None present for deft.
Adv for plff has filed draft issues. t.o.r at Ex.11.
Adj. for Draft issues of deft and hearing on issues on 16/07/2022 and CMH.
LO 2.45 pm.
Adv. Arvind Taral present for Deft and requested for change of date and he undertakes to communicate changed date to adv of plff.
Adj. for Draft issues of deft and hearing on issues on 18/07/2022 and CMH.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: None Present for Plff.
Adv. Arvind Taral Present for Deft.
Ex.12- Issues framed.
Heard adv of deft on case management schedule. Fixed CMS as under.
On or before
Business.
10/08/2022 to 12/09/2022
Evidence of witnesses of plff. ( Chief and Cross examination)
12/09/2022 to 12/10/2022
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 12/10/2022
Arguments
Adj. For Evidence on 10/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Viral Dilip Shukla I/b Shukla and Associates Present for Plff.
Adv. Arvind Taral Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Evidence on 26/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv Rudra Dani for plaintiff present.
None for defendant.
KB... L.O. at 12.57 p.m.
Exh. 13- Advocate of plaintiff has filed affidavit of chief examination of PW-1 Popat Ramchandra Parekh. Oath given to witness.
Copy be served to defendant.
LO at 01.27 p.m.
Adv. Arvind Tarl for defendant present.
Case adj for hearing on marking of documents to 05/09/2022.
Next Purpose: HEARING
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Rudra M. Dani Present for Plff.
Adv. Arvind Taral Present for Deft.
Today adv of plff has served copy of chief examination of affidavit of PW-1 to adv of deft.
PW-1 absent. Heard adv of both parties on the point of marking of documents. Ld Adv of deft contended that PW-1 is not author of the Documents filed with list Exh.6. Deft have not admitted these documents and these documents do not bears signature of deft. Therefore these documents can not be exhibited.
Ld Adv plff contended that the documents filed with list Ex.06 are the same documents which were filed with plaint. Considering rival condition of the parties and facts of the present case it is desireable to mark the documents filed with list Ex.06. Copies of these documents were filed with plaint. Mere marking of document does not mean that its contents are proved. Hence the documents are formally marked exhibit as under.
Ex.14 (colly) – Invoice no. 001599 dt. 30/11/2017 for sum of Rs.58,289/-, Transport Receipt No. 349121 dt. 02/12/2017, Payment receipt issued by Professional Couriers dt. 04/12/2017.
Ex.15 (colly) - Invoice no. 001617 dt.06/12/2017 for sum of Rs.1,66,238/-, Transport Receipt No. 349602 dt. 06/12/2017, Payment receipt issued by Professional Couriers dt.12/05/2017.
Ex.16 (colly) - Invoice no. 001648 dt. 16/12/2017 for sum of Rs.1,25,685/-, Transport Receipt No. 351796 dt.18/12/2017 , Payment receipt issued by Professional Couriers dt.20/12/2017.
Ex.17 (colly) - Invoice no. 0016172 dt. 23/12/2017 for sum of Rs.1,15,668/-, Transport Receipt No. 353069 dt. 27/12/2017, Payment receipt issued by Professional Couriers dt.29/12/2017.
Ex.18 (colly) - Invoice no. 001689 dt. 27/12/2017 for sum of Rs.21,321/-, Transport Receipt No. 353427 dt. 30/12/2017, Payment receipt issued by Professional Couriers dt. 01/01/2018.
Ex.19 (colly) - Invoice no. 001727 dt. 11/01/2018 for sum of Rs.1,15,668/-, Transport Receipt No. 355048 dt.12/01/2018.
Ex.20 (colly) - Invoice no. 001746 dt. 15/01/2018 for sum of Rs.29,144/-, Transport Receipt No. 355391 dt.16/01/2018, Payment receipt issued by Professional Couriers dt. 17/01/2018.
Ex.21 (colly) - Invoice no. 001818 dt. 05/02/2018 for sum of Rs.24,849/-, Transport Receipt No. 358134 dt.07/02/2018, Payment receipt issued by Professional Couriers dt. 09/02/2018.
Ex.22 (colly) - Invoice no. 001842 dt. 08/02/2018 for sum of Rs.58,289/-, Transport Receipt No. 358419 dt.09/02/2018, Payment receipt issued by Professional Couriers dt. 12/02/2018.
Ex.23 (colly) - Invoice no. 001870 dt. 13/10/2018 for sum of Rs.29,144/-, Transport Receipt No. 359089 dt.15/02/2018, Payment receipt issued by Professional Couriers dt.
Ex.24 (colly) - Invoice no. 001926 dt. 26/02/2018 for sum of Rs.49,698/-, Transport Receipt No. 360521 dt. 28/02/2018, Payment receipt issued by Professional Couriers dt.03/03/2018.
Ex.25 – Account statement for months of April 2018 to September 2018 and January 2019.
Ex.26 - Legal notice dt. 27/10/2018.
Ex.27 – Legal notice dt. 27/10/2018 along with postal receipt.
Ex.28 - Legal notice dt. 13/12/2018 along with postal receipt and acknowledgement slip.
Ex.29 – Deft Statement of account maintained by plff.
Adj. For Marking of documents and Cross examination of PW-1 on 12/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Viral Dilip Shukla a/w Adv. Rudra Dani I/b Shukla and Associates Present for Plff.
Adv. Arvind Taral Present for Plff.
PW-1 present. Adv of deft has taken cross examination of PW-1.
Ex.30 - Adv of plff has filed evidence closure pursis.
Adj. For Evidence of deft on 21/09/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Rudra M. Dani I/b Shukla and Associate Present for Plff.
Adv. Arvind Taral Present for Deft.
Adv of deft seeks adjournment for evidence of deft on the ground that he could not contact deft.
Adj. For Evidence of deft on 07/10/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Rudra Dani I/b Shukla and Associates Present for Plff.
None Present for Deft.
Adj. For Evidence of deft on 12/10/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Rudra M. Dani I/b Shukla Associates Present for Plff.
Adv. Arvind Taral Present for Deft.
Adv of deft contended that they does not want to adduce evidence and hence evidence of deft be closed.
Adj. For Final Argument on 21/10/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: PO is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Viral Dilip Shukla a/w Adv. Rudra M. Dani I/b Shukla and Associates Present for Plff.
Adv. Arvind Taral Present for Deft.
Heard argument adv of both parties.
Adj. For Judgment on 22/11/2022.
Next Purpose: JUDGMENT
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Rudra M. Dani I/b Shukla and Associates Present for Plff.
None Present for Deft.
F.R.S.R. following order.
1. Suit is decreed with costs as under.
2. Defendant is directed to pay to plaintiff a sum of Rs.3,95,415/- with interest at the rate of 21 percent p.a. from the date of suit till realization of the amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 22-11-2022