Date: 13-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Tripathi for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for extension of returnable date of summons - Allowed.
Matter adjd to 24.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Tripathi for plaintiff
None for defendant
Adjd to 22-02-2021 for service
Next Purpose: SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: PO is on special leave
Next Purpose: SERVICE
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
As per order of Hon\''ble Principal Judge, City Civil Court, Mumbai, Office Order No. 128/2021 dated 02/07/2021 and approved case transfer list, the case is transferred to Court Room No.14.
Matter is adjd.to 12.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Tripathi for plaintiff present.
Exh.2 - Adv. For plaintiff filed affidavit of service of summons. T.O.R.
As per affidavit of service (Exh.2), summons were duly served upon deft. nos.1 and 3 but they failed to tender their appearance before the Court. Therefore, suit to proceed ex-parte as against deft. nos.1 and 3.
Exh.3 - Adv. For plaintiff filed application for issuance of fresh writ of summons to deft. no.2.
O. - Issue fresh summons on given address.
The matter is adjd for service to 22.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: CORAM : H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14)
Adv.K.S.Tripathi for plaintiff present.
Exh.4- He filed application for issuance fresh writ of summons to Deft. no. 2-O- Issue fresh summons to Deft. No. 2 on given new address.
The matter is adjd for service to 29-10-2021.
Next Purpose: SERVICE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Tripathi for plaintiff present.
Exh.5 - Adv. For plaintiff filed service affidavit. T.O.R.
As per service affidavit (Exh.5), deft. no.2 is duly served with writ of summons but failed to tender his appearance. Therefore, suit to proceed ex-parte against deft. no.2.
The matter is adjd for ex-parte evidence to 10.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. K.S. Tripathi for plaintiff present.
Exh.6 - Adv. For plaintiff filed affidavit of evidence of PW-1 Mahendra Pukhraj Mehta.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.7 - List of documents. T.O.R.
From the evidence of PW-1 Mahendra Pukhraj Mehta, following documents are proved, therefore, they are exhibited.
Exh.8 - True copy of PAN card.
Exh.9 - Copy of GST registration certificate.
Art. - A - Details of the defendant company.
Exh.10 colly. - Five tax invoices.
Exh.11 - Certified copy of bank statement.
Exh.12 colly. - Debit notes.
Exh.13 colly. - Office copy of notice along with postal receipts and envelopes.
Exh.14 - Reply by defendants.
Exh.15 colly. - Office copy of notice dated 10.08.2019 along with postal receipts and acknowledgement.
Exh.16 - Adv. For plaintiff filed evidence closing pursis.
O. - Filed.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 18.12.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Tripathi for plaintiff present.
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.2,80,331.21/-. He 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.2,80,331.21/. Present suit does not qualify as a Commercial dispute of a specified value as defined in Section 2(1)(i) of the Commercial Courts Act. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 10.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Both parties and their advocate absent.
Adjd on 15.07.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv.Tripathi for plff is present.
None for Defendant.
Heard argument of advocate of plaintiff.
Matter is adjd on 25/07/2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv K.S.Tripathi for plff present
None for Defendant
Judgement dictated and pronounced in open Court
F.R.S.R. Following order is passed -
ORDER
1. Suit No.2583/2021 is decreed with costs.
2. Defendant shall jointly and severally pay an amount of Rs.2,86,331.61 to the plaintiff.
3. Decree be drawn up accordingly.
4. Suit No.2583/2021 stands disposed of.
Nature Of Disposal: DECREED
Disposal Date: 25-07-2022