Date: 09-12-2019
Business: P. O. is on leave hence adj.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: As Court is on leave, hence board is discharged and matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Matter is wrongly taken on todays board. As per roznama it is already taken on 22.01.2020.
Adjourned to 22.01.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Poorvi Diwani for plaintiff present.
She sought time to file service report relating to service of W/S upon defendants
O- Time is granted.
Adjourned for service to 11.02.2020.
Next Purpose: SERVICE
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Mahesh Devani for plff present.
He filed writ of summons along-with affidavit of service. t.o.r. and marked as Exh. 02.
It appears that summons is duly served on deft no. 1 and 2 through RPAD. Defts absent. Suit is proceeded ex-parte against defts.
At the request of Adv for plff, matter stands Adj for ex-parte evidence to 24/02/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv Mahesh Dewani for plff present.
Exh 03 - He filed affidavit of examination-in-chief of Rajendra Arvind Parpani Director of plff company present.
Exh 04 - He filed list of documents. t.o.r.
Matter stands Adj for exhibiting of documents to 20/03/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv.Mahesh Devani 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 ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE 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: EX-PARTE 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: EX-PARTE EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 28.10.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 05/11/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2020
Date: 05-11-2020
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 EX-parte evidence.
Next Purpose: EX-PARTE 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 04.12.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 19/12/2020 for ex-parte evidence.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 13/01/2021 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Mahesh Devani for plaintiff present.
None present for defendant.
Plaintiff absent. Evidence already tendered.
Matter adjd to 05.03.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Mahesh Devani for plaintiff present.
None present for defendant.
PW-1, Mr.Rajendra Arvind Parpani resumed on S.A.
Order below Exh.4
The documents annexed with the list are exhibited formally. Its evidentiary value will be considered at the time of final hearing.
Resolution dated 11th February, 2016 duly passed by the Board of Directors of the plaintiffs, Exh.5
Extract of account of the defendants as per the books of accounts of the plaintiffs, Exh.6
Copy of invoice No.SH011359/15-16 dated
06th July, 2015 of the plaintiffs raised in the name of the defendants, Exh.7 colly.
Xerox copy of Lorry Receipt No.0045351 dated 06th July, 2015 of New Western Carrier, Exh.8
Dishoured cheque No.978613 dated 23rd September, 2015 for Rs.1,49,489/- issued by the defendants in favour of the plaintiffs, Exh.9
Memo of dishonour of the bank dated 19th December, 2015, Exh.10.
Dishoured cheque No.978614 dated 28th September, 2015 for Rs.2,03,338/- issued by the defendants in favour of the plaintiffs, Exh.11.
Memo of dishonour of the bank dated 28th December, 2015, Exh.12.
Copy of the plaintiffs advocates letter dated 14th January, 2016 addressed to the defendant No.2 with acknowledgement, Exh.13 colly.
Copy of the plaintiffs advocates letter dated 18th January, 2016 addressed to the defendant No.2 with acknowledgement, Exh.14 colly.
Letter dated 02nd July, 2016 of the defendants addressed to the advocate for the plaintiff, Exh.15.
Copy of the plaintiffs advocates letter dated 13th April, 2018 addressed to the defendants with acknowledgement and returned packet, Exh.16 colly.
Copy of the plaintiffs advocates letter dated 24th June, 2018 addressed to the defendants with two acknowledgements, Exh.17 colly.
Evidence closure pursis, Exh.18 filed by Adv. of plaintiff t.o.r.
Matter adjd to 09.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Mahesh Devani for plaintiff present.
None present for defendant.
Heard argument of Adv. of plaintiff.
Matter adjd to 12.03.2021 for judgment.
Next Purpose: JUDGMENT
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 judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-03-2021
Date: 15-03-2021
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 defendants are directed to pay to the plaintiff a sum of Rs.9,48,007.00/-(Rupees Nine Lakhs Forty Eight Thousand and Seven Only) with further interest at the rate of 24 percent per annum on principal sum of Rs.4,15,288.00/-(Rupees Four Lakhs Fifteen Thousand Two Hundred Eighty Eight Only) from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-03-2021