Date: 02-01-2020
Business: Nobody present when called at 11.03 am.
Kb
Later on at 5.15 pm
Nobody present.
Adjd for directions to 13/02/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Narendra Gharat along with Adv. Mangesh Naik for plaintiff present and seeks time to take steps. Granted as last chance.
Adjd for taking steps to 28/02/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Called at 11.50 am
Nobody present.
Kb
L.o in afternoon session.
Adjd for taking steps to 18/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Both the parties are absent.
Adjourned for taking steps to 8.4.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of writ of summons to 07.11.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Advocate Narendra Gharat for plaintiff is present.
None present for defendant.
On oral request of advocate for plaintiff time is extended to issue writ of summons.
Adjourned for writ of summons to 27.01.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 08-03-2021 for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Mr. Gharat for plaintiff, prayed for extension of time to issue writ of summons- Granted r/o. 19.04.2021.
None for defendant.
Matter is adjd.to writ of summons on 19.04.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: None present for plaintiff.
Matter is adjd.to 05.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None for plaintiff.
The plaintiff is directed to reissue writ of summons to the defendants failing which necessary order will be passed on the next date of hearing.
Matter is adjd.to 09-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Narendra Gharat for plaintiff present and prayed for extending the time for service of writ of summons. O-Time is extended for service of writ of summons. The plaintiff is directed to issue fresh writ of summons to the defendants.
Matter is adjd.to 18.10.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. S. G. Mahmuni h/f Adv. Narendra Gharat for plaintiff present and prayed for extension of time for service of writ of summons. – allowed.
Time is extended for service of writ of summons.
Matter is adjd.to 17-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. Narendra Gharat for plaintiff present.
He requested time for extension of writ of summons orally.
Time is extended for service of writ of summons.
Matter is adjd.to 17-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. S. G. Mahamuni for plaintiff present and prayed for extension of time for service of writ of summons. - granted.
Time is extended for service of writ of summons.
Issue fresh writ of summons.
Matter is adjd.to 17-03-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Narendra Gharat for plaintiff present.
Matter is adjd.to 11-04-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: None for plaintiff.
Matter is adjd.to 18-06-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Narendra Gharat for plaintiff present and sought time for submitting affidavit of service as well as report of writ of summons.
Adjourned to 10-08-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. S. G. Mahamuni for plaintiff present.
Affidavit of service filed by adv. for plaintiff t.o.r. and marked as Exh. 2 O- Seen
As per affidavit of service defendant No. 1 to 3 are duly served with writ of summons through RPAD. It can be seen from track report and acknolwedgement receipt. None for defendant No 1 to 3. Hence suit to proceed exparte against defendant No. 1 to 3.
Adjd for exparte evidence to 12/11/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: None for plaintiff .
None for defendant.
Matter is adjd to 14/12/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Om Kini h/f Adv. Narendra Gharat for plaintiff present and seeks time to file evidence.
Adjd for exparte evidence to 07/01/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Narendra Gharat for plaintiff present and seeks time to file exparte evidence. Granted.
Adjd for exparte evidence to 24/01/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Narendra Gharat for plaintiff is present.
None for defendant.
Exh.03 - Affidavit of examination in chief of plaintiff namely Mr. Bhupesh A. Desai is filed O- Plaintiff namely Mr. Bhupesh Desai is present before the Court. He admits the contents of affidavit. It is read and recorded.
Exh.04 - List of documents O- Filed.
Case is adjourned for further evidence to 02-03-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Narendra Gharat for plaintiff is present.
None for defendant.
Exh.05 - Additional list of document. O- Seen.
In view of affidavit filed at Exh.03 the document were marked as exhibits.
Exh.06 - Advocate notice.
Exh.07- Postal receipts.
Exh.08 - AD card.
Exh.09 - Copy of email.
Exh.10 - Particulars of claim.
Exh.11 colly. - Eight Tax invoices.
Exh.12 colly - Eight Lorry receipts.
Suit proceeded already exparte against the defendant hence no cross-examination.
Case is adjourned for further evidence to 28-03-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. S G Mahamuni for plaintiff present.
None for defendant.
Case is adjourned to 17.04.2023 for R/E.PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Narendra Gharat for plaintiff is present.
None for defendant.
Exh.13 - Certificate u/s 65(B) of Evidence Act filed by plaintiff t.o.r. O-Filed.
Exh.14 - List of document t.o.r. O- Filed.
Witness is present. Oath is administered to the witness. Witness is shown to the documents and he identify the documents.
In view of affidavit at Exh.13 alongwith the document filed Exh.14 hence, marked exhibit.
Exh.15 colly. - Emailed purchase orders (4)
Exh.16 colly. - Emailed CST Form
Defendant is absent. Hence, no cross-examination.
Exh.17 - Ld adv for plaintiff filed evidence closing pursis t.o.r. O- R and R.
Heard ld adv for plaintiff.
Case is adjourned for exparte judgement to 28-04-2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: None present.
Exh.18 - Judgment.
Judgment pronounced in the open Court.
F.R.S.R. following order is passed-
ORDER
1. Commercial Suit No. 205 of 2019 is decreed with costs.
2. The defendant nos. 1 to 3 are jointly and severally liable to pay an amount of Rs. 8,61,969/- (Rs. Eight Lakhs Sixty One Thousand Nine Hundred and Sixty Nine Only) to the plaintiff along with interest at the rate of 12% per annum on the principal amount from the date of filing of the suit till its realization within three months from the date of this decree.
3. Defendant shall bear the cost of the suit.
4. Court fee, if any, be refunded to the plaintiff as per rule.
5. Decree be drawn up accordingly.
(Judgment pronounced in the open Court).
Nature Of Disposal: DECREED
Disposal Date: 28-04-2023