Date: 06-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Yusuf Farnicharwala for plaintiff present.
Adv.for defendant absent.
Ld. counsel for plaintiff is present, failed to take steps. Hence, keep for order on next date.
Matter adjd to 20.04.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: By preceipe.
Adv. Yusuf Farnicharwala for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender application for issuance of writ of summons - Allowed.
Matter adjd to 10.02.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Yusuf Furniturewala for plaintiff present.
Adv. for defendant absent.
Ld. counsel for plaintiff submitted that report is awaited.
Matter adjd to 02.03.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Yusuf for plaintiff present.
Adv.for defendant absent.
Adv. for pllf. tender affidavit of service. As per affidavit def. unclaimed envelope of Writ of summons. Fail to challenge address over it. Writ of Summons sent to the correct address of Def.
Matter adjd to 7/03/2020 for order.
Next Purpose: ORDER
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Adv. Yusuf Furniturewala for plaintiff present.
None for defendant.
Adv. for plaintiff tendered affidavit of service.
As per the affidavit of service, defendant unclaimed service of writ of summons, failed to challenge address absent. Hence suit is procedeeded without W/S of defendant.
Matter adjd to 20/3/2020 for Evidence on the side of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv.Yusuf Farniturewala for plaintiff present.
Adv.for defendant absent.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 15.04.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 20.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
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.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 4/11/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
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 11/11/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 03.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None for plff.
None for def.
Matter adjd to 14/12/2020 for R/E.
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: P.O.A. Dinesh Gala for plaintiff is present before the Court.
In view of order dtd. 07.03.2020 Suit is proceeded without written statement against defendant. Since 07.03.2020 to till today plaintiff fail to file evidence, document and statement of truth. Today also fail to comply the procedure of Commercial Court Act. Hence suit is kept for further order on next date.
None for defendant.
Adjd to 14.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. Yusuf Furniturewala for plaintiff present.
None for defendant.
KB.L.O. at 12.20 pm
Same appearance.
plaintiff present.
Adv. for plaintiff tender affidavit of evidence.
PW 1 Mr. Dhirajlal Bhojraj Gada, Resumed on S.A.
Adv. for plaintiff tender list of document t.o.r.
O.- The document annexed with this list Sr. No. 1 to 30 are exhibited formally. Its evidential value will be considered at the time of final argument.
Tax Invoice SBH/191/17-18
Tax Invoice SBH/244/17-18
Tax Invoice SBH/344/17-18
Tax Invoice SBH/345/17-18
Tax Invoice SBH/44/17-18
Tax Invoice SBH/77/17-18
Tax Invoice SBH/81/17-18
Tax Invoice SBH/103/17-18
Tax Invoice SBH/166/17-18
Delivery Challan No. 1619
Delivery Challan No.1662
Delivery Challan No.3935
Delivery Challan No.2925
Delivery Challan No.2926
Delivery Challan No.5099
Delivery Challan No. mah 000168134
Delivery Challan No. 5625
Delivery Challan No. no. MAH 0000170485
Delivery Challan No. 5895
Delivery Challan No.6077
Delivery Challan No. MAH 0000172312
Original Cheques bearing No. 1057
Original Cheques bearing No. 1058
Return memo of cheques bearing No. 1057
Return memo of cheques bearing No. 1058
Demand Notice date 07th April,2018
Original Postal Acknowledgement
Defendant reply dated 20th April,2018
Rejoinder to the Notice dated 20th April, 2018
Ledger account
Adv. for plaintiff tender statement of truth
Matter adjd to 03-02-2021 for R/E (PH)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Dinesh Gada, power of attorney of plff. present.
Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 15/02/2021 for R/E (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. for plaintiff absent
Adv.for defendant absent.
Matter adjd to 25/02/2021 for step for the side of plaintiff
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mr. Yusuf Furniturewala for plaintiff present.
Adv.for defendant absent.
Case closing Pursis filed by Adv. for plaintiff t.o.r.
Matter adjd to 03.03.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv.Yusuf Furniturewala for plaintiff present.
None present for defendant.
Adv. of plaintiff seeks one week time for argument. Time granted as last chance.
Matter adjd to 10.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Yusuf Furniturewala for plaintiff present.
None present for defendant.
Heard argument on service of suit summons.
Matter adjd to 12.03.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 15.03.2021 for argument/order.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Yusuf Furniturewala for plaintiff present.
None present for defendant.
Matter adjd to 16.03.2021 for argument/order.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Plaintiff present. He informs that his advocate is out of town and request to post the suit on argument on 23.03.2021. Put up for argument on 23.03.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None preset for plaintiff.
None present for defendant.
Matter adjd to 31.03.2021 for argument/order.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None present.
Matter adjd to 08.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 26.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.06.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 28.06.21 for NM argument.
Next Purpose: NM ARGUMENTS
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 09.07.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 26.07.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 03.08.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None present for Plaintiff.
None present for defendant.
Adjd. for NM arguments to 21/8/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: Adv.Yusuf Furniturewala for plaintiff present.
None present for defendant.
Record shows that no NM is pending. Suit already proceeded without written statement of defendant. Ld.Adv. for the plaintiff submits that the final argument was advanced to the Court by Predecessor. He is ready to proceed with the argument today. Hence, Heard final argument of the plaintiff.
Matter adjd to 31.08.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
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 do pay to the plaintiff an amount of Rs.3,58,567/- (Rupees Three Lacs Fifty Thousand Five Hundred and Sixty Seven Only) together with interest at the rate of 11 percent per annum from the date of filing of suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 31-08-2021
