Date: 16-12-2019
Business: By Precipe,
Adv for deft no.1 Mr.Adityna Vyas present.
Adv for deft no.1 filed VP. Keep for order.
Already Adjd for Report to 08.01.2020.
Next Purpose: REPORT
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv for plaintiff Mr.Suraj Kaushik present.
Adv for deft no.1 Mr.Aditya Vyas present.
Adv for plaintiff filed affidavit of service regarding deft no.1 with the remark that suit summons received by deft no.1 and regarding deft no. 2 to 5 with the remark that summons unserve as they are not found along with original suit summons.
VP filed by Adv for deft no.1 is T.O.R.
Matter is Adjd for Steps against deft no.2 to 6 to 28.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv for plaintiff Mr.Ranjit Wagane present.
Adv for deft no.1 Aditya Rai present.
Adv for plff requested for adjournment. O-Granted.
Matter is Adjd for Affidavit Service to 14.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: P.O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: national lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 22.12.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: P.O. is on Leave.
Matter adjd to 09.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present.
Matter adjd for affidavit of service on 15.07.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 12.08.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
Matter is adjd to 28.08.2021 for taking steps regarding service of suit summons on defendant Nos.2 to 6.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.14 pm
None present. Plaintiff to take steps for service of suit summons on defendant Nos.2 to 6.
Matter adjd to 22.09.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. Ranjeet Vaghani for plaintiff present.
None present for defendant.
Plaintiff submits that steps for service of summons are required to be taken. On oral requested for time to take steps.
Matter adjd to 11.10.2021 for taking steps for service of summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Date: 08-11-2021
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
The plaintiff filed draft chamber summons a/w. affidavit to direct the defendant No.1 to furnish addresses of defendant No.2 to 5.
O-Leave granted to register the chamber summons.
Matter adjd to 27.11.2021 for reply of deft.No.1 to chamber summons.
Next Purpose: REPLY
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: None present for plaintiff.
Adv.Akshay Mehta i/b.Vertices Partners for defendant No.1 present.
Plaintiff does not tender registered chamber summons, hence, chamber summons is kept for order. The defendant No.1 orally requested for time to file reply.
Matter adjd to 20.12.2021 for order on chamber summons in respect of default in filing it after registration and for reply to ch/s.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
The plaintiff filed registered chamber summons No.1573/21 a/w.affidavit t.o.r. Copies of same are kept on record for furnishing to defendant.
Matter adjd to 05.01.2022 for Reply to Chs.
Next Purpose: REPLY
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Ranjeet Vaghani present for plaintiff.
None present for defendant.
The defendant remain absent and failed to file reply to CS 1573/21, hence CS to proceed without reply.
Matter adjd to 27/01/2022 for Hearing of CS.
Next Purpose: C/S HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Heard the plaintiff on ch/s. No.1573/21. No argument of the defendant No.1.
Plaintiff filed list of documents in support of argument. It is t.o.r. and marked as Exh.5.
In view of SOP dated 06.01.2022, matter adjd to 05.02.2022 for order on Ch/s.
Next Purpose: ORDER
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Adv.Ranjeet Vaghani present for plaintiff.
None present for defendant.
Seen the roznama dated 27.01.2022, the defendant is allowed to proceed with argument if any in chamber summons, hence, in view of SOP dated 06.01.2022, matter adjd to 17.02.2022 for argument and order on ch/s.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
Inspite of opportunity the defendant is absent. No argument of the defendant in chamber summons No.1573/2021.
ORDER IN CHAMBER SUMMONS NO.1573/2021
Heard the Ld.Adv.for plaintiff. Read the contents of chamber summons and affidavit filed in support. The defendants have not filed reply. By this chamber summons the plaintiff has prayed to direct the defendant No.1 trust to furnish addresses of defendant No.2 to 5 and to furnish names and addresses of all trustees. It appears that suit is pending for service of summons on defendant No.2 to 5. Defendant No.2 to 5 appears to be trustee of defendant No.1. Hence, the defendant No.1 who has filed the appearance in this suit must have knowledge about the trustees and their addresses. Therefore, the direction has prayed if issued the suit will proceed further and summons will be served on the rest of the defendants, hence, I pass the following order.
ORDER
1. Chamber Summons No.1573/2021 is allowed.
2. Defendant No.1 is directed to furnish names and addresses of all of its trustees including the addresses of defendant No.2 to 5.
3. Chamber Summons No.1573/2021 is disposed of accordingly.
Matter adjd to 11.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
Defendant No.1 has not complied with the order dated 17.02.2022. Noted, keep for further order against defendant No.1.
Matter adjd to 08.04.2022 for order against deft.No.1.
Next Purpose: ORDER
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv.Ranjeet Vaghani for plaintiff present.
None present for defendant.
The plaintiff filed application for substitute service of suit summons t.o.r and marked as Exh.6.
ORDER BELOW EXH.6
Heard. Read the service affidavit. Read the bailiff report dated 02.01.2020. Mr.Rajiv Yadav accepted service of summons for defendant No.1. He refused the service of summons for defendant Nos.2 to 5 who are the trustees of defendant No.1, Trust. Hence, the plaintiff is allowed to serve the suit summons on defendant No.2 to 5 by pasting. Accordingly, application Exh.6 is allowed for the same.
Matter adjd to 13.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv Ranjeet Waghani present for plaintiff.
None present for defendant.
Adv of plff submitted that time be granted for filing service affidavit.
Matter adjd to 07.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
Ex.07- Adv of plff has filed service affidavit along with bailiff report.
As per service and bailiff report deft no.2 to 5 are served with suit summons.
Adj. For Order against deft and statement of truth on 28/07/2022.
Next Purpose: ORDER
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
As per bailiff report dt. 02/01/2020 deft no.1 refused to accept the suit summons. Hence Deft no.1 being served with suit summons.
As per service affidavit Ex.07 deft no.2 to 5 are served with suit summons on 09/05/2022. However till today defts did not appear. Hence suit proceeded ex-parte against them.
Adj. For Ex-parte Evidence and Statement of truth 21/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
Adv. Mudat Ahuja I/b Vertices Partners Present for Deft no.1.
Adv of plff seeks time to file evidence. Granted.
Adj. For Evidence and Statement of truth on 10/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
Ex.08 - Adv of plff has filed statement of truth .
Ex.09- Adv of plff has filed compilation of document. Seen and filed.
Adj. For Filing Chief examination of PW-1 on 11/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
Ex 10, 11 (Respectively) - Adv of plff has filed chief examination of PW-1 Mohan Sundar Rajan and PW-2 Anirudh Mohan Rajan. Copy be served to otherside.
PW-1, 2 absent.
Adj. For Chief examination of PW-1 and 2 and Marking of document on 19/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
PW-1 Mohan Sundar Rajan present. Oath given to witness.
PW-2 Anirudh Mohan Rajan present. Oath given to witness.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.09 which are referred in chief examination are marked exhibit as under.
Ex.12 – Original letter dt. 15Th July 2016 along with annexture A singed and executed byt eh plff through it chief executive officer and deft no.1 through deft no.2.
Ex.13 (colly) Copy of Invoice dt. 18/07/2016 delivered to deft no.1 along with original copy of Invoice.
Ex.14 (colly) Copy of Invoice dt. 01/10/2016 delivered to deft no.1 along with original copy of Invoice.
Ex.15 (colly) Copy of Invoice dt. 01/11/2016 delivered to deft no.1 along with original copy of Invoice.
Ex.16 (colly) Copy of Invoice dt. 02/11/2016 delivered to deft no.1 along with original copy of Invoice.
Ex.17 (colly) Copy of Invoice dt. 1/12/2016 delivered to deft no.1 along with original copy of Invoice.
Ex.18 (colly) Copy of Invoice dt. 04/01/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.19 (colly) Copy of Invoice dt. 07/01/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.20 (colly) Copy of Invoice dt. 01/02/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.21 (colly) Copy of Invoice dt. 02/03/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.22 (colly) Copy of Invoice dt. 02/04/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.23 (colly) Copy of Invoice dt. 02/05/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.24 (colly) Copy of Invoice dt. 03/06/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.25 – Copy of email dt. 19/06/2017 along with its attachment addressed by deft no.2 to the CEO of the plff i.e.e letter dt.19/06/2017 addressed by deft no.2.
Ex.26 (colly) Copy of Invoice dt. 30/06/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.27 – Original letter dt.31/07/2017 along with annexure A singed and executed byt the plff through it s chief executive officer and Deft no.1 through deft no.2.
Ex.28 (colly) Copy of Invoice dt. 31/07/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.29 (colly) Copy of Invoice dt. 04/09/2017 delivered to deft no.1 along with original copy of Invoice.
Ex.30 (colly) – Copy of plffs advocates letter dt. 05/09/2019 addressed to deft no.1 to 6.
Original postal receipt dt. 05/09/2019 in respect of the adv letter dt.05/09/2019 addressed to deft no.1 to 5.
Original postal receipt dt. 05/09/2019 in respect of the adv letter dt.05/09/2019 addressed to deft no.6.
Original acknowledgment card in respect of service of the advocates letter dt. 05/09/2019 on deft no. 1 to 5.
Original acknowledgment card in respect of service of the advocates letter dt. 05/09/2019 on deft no. 6.
Copy of webpage of India post evidening delivery confirmation of the advocates letter dt. 05/09/2019 addressed to deft no.1 to 5.
Copy of webpage of India post evidening delivery confirmation of the advocates letter dt. 05/09/2019 addressed to deft no.6.
adv of plff has filed evidence closure pursis. t.o.r.
Adj. For Argument on 06/12/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
Heard argument adv of plff.
Adj. For Ex-parte Judgment on 13/01/2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: None present. Today case is for ex-parte judgment. This court noticed that suit summons are not served on defendant No.6 and matter proceeded against defendant Nos.1 to 5. Plaintiff has not brought to the notice of this court about non service of suit summons on defendant No.6. Therefore, it is necessary to fix the matter for steps against defendant No.6.
Case adjourned for steps against defendant No.6 to 3.2.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Ranjeet Vaghani Present for Plff.
None Present for Deft.
Exh.32 - adv of plff has filed pursis that deft no.6 is formal party and plff is not pressing for relief against deft no.6.
Today case is for steps against deft no.6 to serve suit summons but plff has not taken any steps to serve suit summons to deft no.6. In view of pursis Exh.32 suit stands dismissed against deft no.6.
Heard argument of adv of plff.
Adj. For Ex-parte Judgment on 16/02/2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: None present for plff.
None present for deft.
Exh. - Judgment.
F.R.S.R. following order passed.
ORDER
1. Suit is partly decreed with costs as under.
2. The defendant Nos.1 to 5 are jointly and severally directed to pay to plaintiff the amount of Rs.15,68,528/- and interest @ 12% p.a. on principal sum of Rs.12,04,459/- from the date of suit till realization of the said amount
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 16-02-2023
