Date: 17-03-2021
Business: Adv. Ms. Achala Hatode for plaintiff present.
None for defendant.
Exh.2- Service affidavit filed by plff. Summons is duly served on deft by RPAD. Deft is absent, suit to proceed Ex-parte.
Matter is adjd.to 20.04.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Achala Hatode for plaintiff present.
Matter is adjd.to 21-09-2021 for (ex-parte) R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Achala Hatode for plaintiff present along with witness Yuvraj Aba Pawar present and filed evidence affidavit of witness Yuvraj Aba Pawar t.o.r. and marked as Exh.3
He also filed list of documents t.o.r. and marked as Exh.4
Oath is administered to witness Yuvraj Aba Pawar . He stated on Oath that evidence affidavit Exh. 3 bears his signature and contents there are correct. He also proved documents filed with list Exh.4 and they are marked as Exhibited documents as under -
Exh. 5 – Notorised copy of Power of Attorney dtd. 17th September, 2021.
Exh. 6 colly – Triplicate copy of invoice no. 30A dtd. 18.05.2016 alongwith duplicate copy of the delivery challan no. 281 dtd. 18.05.2016.
Exh. 7 colly – Triplicate copy of invoice no. 53A dtd. 11.06.2016 alongwith duplicate copy of the delivery challan no. 446 dtd. 11.06.2016.
Exh. 8 colly - Triplicate copy of invoice no. 78A dtd. 11.07.2016 alongwith duplicate copy of the delivery challan no. 641 dtd. 11.07.2016.
Exh. 9 colly – Original dishonoured cheque dtd. 27.10.2018 being no. 100006 for Rs. 30,000/- and Photocopy of said Bank’s Inward Return memo dtd. 05-11-2019.
Exh. 10 colly - Certified copy of Statement of accounts as received from Chartered Accountants of the plaintiff.
Exh. 11 colly- Demand Letter dtd. 18.01.2019 letter alongwith the postal receipts and acknowledgment cards.
Exh. 12 colly- Letter dtd 27.11.2019 alongwith two blank dtd. Cheques.
Exh.13 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 29-09-2021 for ex parte argument (12.00pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Date: 05-10-2021
Business: Adv. Achala Hatode for plaintiff present.
Ex parte Judgment – Exh. 14
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.43 of 2021 is partly decreed.
2. The defendant is directed to pay the principal amount of Rs.9,82,319/- (Rupees Nine Lakhs Eighty Two Thousand Three Hundred and Nineteen only) to the plaintiff with interest at the rate of 15% per annum from the date of invoices till its realization.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 05-10-2021