Date: 27-01-2020
Business: Plaintiff\''s representative Rickin Mehata present.
Issue Writ of summons for settlement of issues and for filing W/S.
Adjourned to 10.02.2020 for service report.
LO
Adv. R.K. Thakkar for plaintiff present.
Already adjourned to 10.02.2020
Next Purpose: REPORT
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv R. K. Thakkar for plff present.
At the request of Adv for plff, matter stands Adj for service report to 05/03/2020.
Next Purpose: REPORT
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: P. O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPORT
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: REPORT
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: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: REPORT
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 27.10.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 27-10-2020
Date: 27-10-2020
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 12/11/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 05.12.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None for plaintiff. None for defendant.
Matter adjd to 04/01/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 02.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv.Mr.R.K.Thakkar for plaintiff present.
None present for defendant.
Matter adjd to 09.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv.R.K. Thakkar for plaintiff present.
None present for defendant.
Xerox copies of joint affidavit of service to defendant, Exh.2 filed by Adv. of plaintiff t.o.r.
Citation filed by Adv.of plaintiff.
Matter adjd to 15.02.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. R.K. Thakkar for plaintiff present.
Adv.for defendant absent.
Adv. for plaintiff filed Joint Affidavit of service upon the defendant by Shri. Ajit P. Kamble t.o.r. marked as Exh. 3
Matter adjd to 16/02/2021 for order on Exh. 3.
Next Purpose: ORDER
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: None present for plaintiff.
None present for defendant.
ORDER BELOW EXH.3
The plaintiff has filed the affidavit of service of suit summons to the defendant. The report shows that defendant is not served. The plaintiff to take steps to serve the defendant.
Matter adjd to 06.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv.R.K.Thakkar for plaintiff present.
None present for defendant.
Application for return of original writ of summons, Exh.4 filed by Adv. of plaintiff t.o.r.
Heard Ld. adv. for plaintiff on Exh.4
Matter adjd to 10.03.2021 for order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Adv.R.K. Thakkar for plaintiff present.
ORDER BELOW EXH.4
Ld. Adv. has sought return of original summons, Exh.3. This cannot be returned back to the plaintiff. In the interest of justice issue fresh summons to the defendant.
Ld. adv.seeks 10 weeks time.
Matter adjd to 20.04.2021 for summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: BY PRECIPEE
Adv.Mr.Adv.R.K. Thakkar for plaintiff present and filed application, Exh.5 for matter taken on today\''s board. O-Allowed.
Application for substituted service of writ of summons upon defendant, Exh.6 t.o.r. O-Issue summons to the defendant as per Order V rule 20 of (1) C.P.C.
Joint affidavit of service of bailiff t.o.r.
Matter already adjd to 20.04.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 11-06-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 20.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 28.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 18.08.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.47 pm
Adv.Mr.R.K.Thakkar for plaintiff present and tendered service affidavit, Exh.8 t.o.r.
Matter adjd to 18.09.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: None present for plaintiff.
None present for defendant.
Read the service affidavit Exh.8. Read the bailiff report. Suit summons are served by pasting. None appeared for the defendant. Suit to proceed ex-parte against the defendant.
Matter adjd to 12.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.10 pm,
Adv.R.K.Thakkar for the plaintiff present.
On oral request of the plaintiff, adjd for filing affidavit of evidence on 16.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.15 pm,
Adv.R.K.Thakkar for plaintiff present.
On oral request matter adjd to 14.12.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 29.01.2022 for ex-part evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 18.02.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None present for plaintiff.
None present for defendant.
No evidence is adduced. Keep for order.
Matter adjd to 04.03.2022 for order against pltff.
Judge
LO at 12.33 pm,
Adv.R.K. Thakkar for plaintiff present.
The plaintiff filed affidavit of evidence of PW-1, Rikin Mehta, Exh.11 t.o.r.
The plaintiff filed compilation of documents, Exh.10 t.o.r.
Matter adjd to 04.03.2022 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None present for plaintiff.
None present for defendant.
Witness is absent, hence, adjourned.
Matter adjd to 16.03.2022 for ex-parte evidence.
Judge
LO at 11.56 pm,
Adv.R.K.Thakkar for plaintiff present.
Witness Mr.Rikin Surresh Mehta (PW-1) present. Oath is affirmed. Evidence affidavit is read and recorded.
Matter adjd to 22.03.2022 for statement of truth and filing of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: None present for plaintiff.
None present for defendant.
ORDER BELOW EXH.1
Read the roznama dated 18.02.2022. In the roznama affidavit of evidence is wrongly stated as marked as Exh.11 and compilation of documents as Exh.12. In fact, there are at Exh.9 and Exh.10. It is corrected accordingly.
KB
LO at 01.05 pm,
Adv.R.K.Thakkar for plaintiff present.
Adv.for plaintiff orally requested for time to file original documents and statement of truth. Time granted.
Matter adjd to 29.04.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Shri R. K. Thakkar for plaintiff present.
He filed statement of plaintiff at Exh.11. TOR.
Plaintiff has filed statement of truth of Exh. 11
Plaintiff has filed original invoices with list Exh.12.
Heard Adv.of plaintiff on the point of exhibiting of documents. As the suit is ex-parte, no argument of defendant. The following order is passed on exhibiting of documents. documents filed with list Exh.10 which are referred in chief examination are marked exhibits as under.
Resolution dtd.02/04/2019 passed by plaintiff. Article A.
copy of certificate dtd.20.12.2012 issued by the Registrar of Companies. Exh.13.
Copies of email of three purchase orders of defendant. Article B.
Photocopy of invoices. Article C.
Copy of email dtd.15.06.2016 with attachments sent by defendant regarding confirmation of issuance of cheque. Article D.
.
Copy of email dtd.03.09.2016 exchanged between plaintiff and defendant. Article E.
Photocopy of cheque. Article F.
Photocopy of bank memo about dishonour of cheque. Article G.
Copy of notice dtd.14.01.2019 with RPAD acknowledgement. Exh.14.
Document filed with list Exh.12 is computerized copy of the invoices bearing No.DEL/032/16-17, DEL/033/16-17 and DEL/035/16-17 raised on defendant by plaintiff. Exh.15(colly.).
Suit proceeded exparte and hence no cross examination of PW 1.
Adjourned for further ex-parte evidence to 08/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: None present.
KB. LO 12.15 pm.
Adv. R. K. Thakkar Present for Plff.
None Present for Deft.
Ex.-16. - Adv of plff has filed application for permission to file the certificate under section 65-B of Evidence Act. - application Ex.16 is allowed.
Ex.17- certificate under section 65-B of Evidence Act.
In view of certificate Ex.17 the articles B, D and E are marked as at Exh.18,19 and 20 respectively.
Heard argument of adv of plff on the point of secondary evidence. Adv of plff has filed case law with list.
Adj. For Order on the point of secondary evidence and further evidence of plff on 15/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: None present.
KB LO 1.35.
Adv. R. K. Thakkar Present for Plff.
On the point of secondary evidence plff has not filed application for permission to adduce secondary evidence. Hence plff is at liberty to file separate application for the same.
Adj. For Further Evidence of plff on 25/07/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. R. K. Thakkar for plaintiff present.
None for defendant.
Heard, adv of plaintiff on point of secondary evidence.F.R.S.R. Following order passed below Exh.9
In view of above observation in para No.5, photocopies of documents at serial No.1, 4, 7, 8 are marked as Exh Nos. 21,22,23 & 24 respectively.
case adjd to 27.07.2022 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None present.
KB LO 12.40.
Adv. R. K. Thakkar Present for Plff and he filed evidence closure pursis at Ex.25.
Adj. For Argument on 11/08/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. R. K. Thakkar Present for Plff.
None Present for Deft.
KB. LO 1.45.
Ex.26- adv of plff filed written notes of argument. - Filed.
Adj. For Judgment on 20/08/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: None Present for Plff.
None Present for Deft.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.58,92,876/-.
3. Defendant is directed to pay interest @ 18% p.a. on principal sum of Rs.38,99,248/- to plaintiff from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 20-08-2022