Date: 26-02-2021
Business: Adv. Ms. Hetavi Shah for plaintiff, prayed for adjd. to file service affidavit.
None for defendant.
Matter is adjd.to 12.03.2021 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Hetvi Shah for plaintiff present.
None for defendant.
Exh.2- Affidavit of service submitted by plaintiff. Ld. Adv. Shah for plaintiff prayed for issuance of fresh summons to the Defendant- Granted.
Matter is adjd.to 16/04/2021 for Service of summons.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 25.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Adv. Utkarsh Sanadi for plaintiff present and he filed two closed envelope of writ of summons sent to the defendant having endorsement unclaimed with affidavit of service. Considering the remark, matter is kept for hearing and necessary order.
None for defendant.
Matter is adjd.to 29-07-2021 for steps for service of writ of
summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Adv. Utkarsh Sanadi i/b APS Law Associates for the plaintiff and filed application for issuance of fresh writ of summons. t.o.r. marked at Exh-2.
O- Reissue fresh writ of summons to the defendant.
Adjd to 03.09.2021 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Utkarsh Sonadi for plaintiff present.
Adv. for plaintiff is directed to get writ of summons issued as per order on Exh. 2. Accordingly time is extended for issuing writ of summons.
Matter is adjd.to 21-10-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. Utkarsh Sanadi for plaintiff present.
Matter is adjd.to 03-12-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Shivam for plaintiff present
and filed affidavit of service with original writ of summons and returned closed envelope t.o.r. and marked as Exh.3
None for defendant
Matter is adjd.to 21-12-2021 for ex parte order
Next Purpose: ORDER
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Shivam Laturiya for plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD, but he refused to collect the closed envelope as per affidavit of service Exh.3 and endorsement on closed envelope. The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 14-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adv. Mr. Utkarsh Sanadi for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 03-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv. Chinmay Bhojane for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 02-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Utkarsh Sanadi for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 22-03-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Utkarsha Sanadi for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 18-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Utkarsh Sanadi for plaintiff present and prayed for adjournment- short date be given.
Matter is adjd.to 22-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Shivam Latoria for plaintiff present and seeks time to file affidavit of evidence. Granted as last chance.
Adjd for exparte evidence to 22/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. A. P. Steenson for plaintiff present and requested for adjournment to file evidence.
Adjd for exparte evidence to 22/08/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Steenson for plaintiff present and sought time.
Adjd for exparte evidence to 21/09/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Shivam Latutiya for plaintiff present and sought adjournment on the ground that plaintiff is out of town. O-Granted
Adjd for exparte evidence to 10/11/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: None present when called. Plaintiff is directed to file evidence on next date failing further orders will follow.
Adjd for exparte evidence to 24/11/2022
L. O
Adv. Shivam Latoriya for plaintiff present. Plaintiff present.
Exh-4 Affidavit of evidence of Parag Prakash Doshi filed by adv. for plaintiff. O- Read and recorded in evidence.
Exh- 5 list of documents. O- Filed
Exh-6 Board resolution of plaintiff company
Exh-7 invoice no. 355 dt. 13.03.2019
Exh-8 Lorry receipts.
Exh-9 Bank statement.
Exh-10 Section 65B of evidence act.
Exh-11 copy of ledger maintained by plaintiff.
Exh-12 copy of suit no. 543/19
Defendant absent hence no cross examination.
Exh-13 Evidence closing pursis filed by adv. for plaintiff. O- R and R.
heard arguments of Adv. Shivam Latoriya for plaintiff.
Adjd for exparte judgment to 15/11/2022
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Utkarsh Sanadi i/b APS Law associates for plaintiff present.
Exh- 14 Judgment
FRSR the following order is passed
ORDER
1. Commercial Suit No. 20 of 2021 is decreed with costs.
2. The defendant do pay an amount of Rs. 15,14,342/- (Rs. Fifteen Lakhs Fourteen Thousand Three Hundred and Forty Two Only) to the plaintiff along with interest at the rate of 12 percent per annum on the principal amount from the date of filing of the suit till 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: 15-11-2022
