Date: 10-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Pradnya Kulkarni for plaintiff present.
Adv.for defendant absent.
As court is busy in dictating judgment.
Matter adjd to 12.02.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv.Pradnya Kulkarni for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for direction to issue writ of summons - Allowed.
Matter adjd to 06.05.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present.
Adjd to 22-04-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Pradnya Kulkarni for plaintiff present.
Exh.2 - Adv. For plaintiff filed service affidavit. T.O.R.
Perused the proceeding sheet and plaint.
2. Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3. Section 12 of the Commercial Courts Act, 2015 makes a provision for determination of specified value. As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
4. Plaintiff is seeking recovery of the amount of Rs.2,45,251/-. It has also valued the suit for said amount. Thus, as per section 12(1)(a) of the Commercial Courts Act, 2015, specified value of the present suit would be Rs.2,45,251/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 28.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Both parties and their advocate absent.
Adjd on 06.07.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Matter called out at 3.49 pm
None for plff
None for Defendant
Matter is adjd on 19.09.2022 for Reply
Next Purpose: REPLY
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Matter called out at 1.12 pm
Adv Dheeraj Rathore for plff present
None for defendant
Adv for plff tendered Vakalatnama a/w NOC of previous objection t.o.r marked as Exh 4
Adv for plff submits that service is complete. Put up for order.
Matter is adjd on 17.11.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Matter called out at 11.17 a.m.
Adv Dheeraj K.S. Rathore for plff present
None for defendant
Service affidavit Exh.2 shows that defendants have refused to accept writ of summons issued by RPAD. It is declared that defendants are duly served with writ of summons. They have not appeared. Suit shall proceed exparte against defendants.
Adv for plff tendered evidence affidavit t.o.r. marked as Exh.5. O- R and R.
He also tendered list of documents t.o.r. marked as Exh.6 O-Put up for submissions on exhibiting documents.
Matter is adjd on 18/01/2023 for Exparte Evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Matter called out at 11.58 am
Adv Dhiraj Rathee for plff present
None for defendant
Witness present
Matter is adjd on 23.03.2023 for Exparte Evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: None present.
Matter is adjd on 27-06-2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Dheeraj Rathor for plaintiff present.
None for defendant.
PW-1 is present.
Heard Ld.Adv. for the plaintiff.
Documents alongwith list Exh-6 at Sr.No.1 to 6 are filed by plaintiff. PW-1 is author of the documents at Sr.No.1 and he has signed it. Documents at Sr.No.2 to 6 are documents which are handed or signed by PW-1 he has personal knowledge hence all documents are colly marked as Exh-7.
Adv. for plaintiff filed evidence closing pursis T.O.R marked as Exh-8.
Heard Ld.Adv. for plaintiff.
Matter is adj to 13/07/2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Vaibhav Kamble i/b Adv.Rathod for plaintiff present.
None for defendant.
Matter is adj to 14/07/2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
F.R.S.R following order is passed on Suit No.1931 of 2021.
ORDER
Suit No.1931 of 2021 is partly allowed.
Dictated and pronounced in open court.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 14-07-2023