Date: 23-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Geeta Bhandari for plaintiff present.
Adv.for defendant absent.
Matter adjd to 29.06.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: By preceipe
Adv. for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender application for issuance of writ of summons - Allowed.
Matter already adjd to 29.06.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None present
Adjd to 09-03-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: None present
Adjd to 09-08-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 08.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv Kirti H.Syontn present for the plaintiff.
None present for the defendant.
Defendant nos.1 to 3 are duly served vide service affidavit at Ex.5 accompanied by the report of bailiff. Defendant nos.1 to 3 fails to appear before the Court. Suit to proceed exparte against the defendant nos.1 to 3
Suit is adjourned for exparte hearing.
Matter is adjd to 08.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Kirti H. Syontri for plaintiff present.
None for defendant.
Matter is adjd to 18.11.2021 for filing affidavit.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Kirti Syontri for pltff present.
None for deft.
Witness filed affidavit of examination in chief along with list of document.
Matter is adjd to 13/12/2021 for marking documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv. Mr. Kirti for the plaintiff present.
None for defendants.
Matter is adjd. to 19/01/2022 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 06-04-2022 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: CORAM : H. H. J. SMT. C. V. PATIL (C.R. No.15)
Advocate Mr. Rajendra Bhandari for plaintiff present.
None for defendant.
Exh.7-Certified true extract of the resolution dated. 01/10/2019 alongwith authenticated copy of the resolution at Sl. No. 5 of the Minute book of the plaintiff company. TOR Document at Sr.no. 1.
Exh.8-Copy of the Certificate of Incorporation and Maharashtra Shops and Establishment Registration Certificate issued to the plaintiff company by the competent registering authorities. TOR Document at Sr. no. 2.
Exh.9-Copy of Plaintiff\''s Tax Invoice no. INVBOM1819031621 dated 10/11/2018 for Rs. 1,34,889.36 alongwith copy of letter dated 30/10/2018 being the indemnity letter for VGM variation in favour the plaintiffs : Proforma BL No. COSU6187799770 : Defendants Tax Invoice No. VC-18148 dated 20/10/2018 (with Packing List, Declaration, Annexure - A Export Value Declaration and Annexure I Declaration for Export of Engineering Goods and Customs Shipping Bill No. 8387315 dated 22/10/2018. TOR Document at Sr. no. 4 (Page no. 21 to 23).
Exh.10-Copy of Plaintiffs Tax Invoice No. INVBOM1819033749 dated 28/11/2018 for Rs. 16,520.00 towards Amendment Charges alongwith copy of three relevant e-mails dated 13/11/2018 (18:39 pm): 14/11/2018 and 28/11/2018 (12:42pm) exchanged between the plaintiffs and the defendants (Colly).TOR Document at Sr. no. 5 (Page no. 48 and 49).
Exh.11-Copy of plaintiffs Tax Invoice No. INVBOM1819047567 dated 05/03/2019 for Rs. 67,838.30 pertaining to Air Export Shipment of the Defendants from Mumbai Airport to Kuwait Airport alongwith copy of Air Waybill No. 589-86396100 dated 01/03/2019 defendants Tax Invoice No. VC-18217 dated 28/02/2019 (with Packing List, Certificate of Origin); Shipping Bill No. 2405927 dated 01/03/2019 (Colly). TOR Document at Sr. no. 6
Exh.12-Copy of plaintiffs Tax Invoice No. EFL-BOM-00008359 dated 07/08/2019 for Rs. 4,527.00 towards the charges as detailed in the above Tax Invoice alongwith copy of the Shipper M/s. AOTAI Machine Manufacturing Co. Ltd., China, Invoice No. ATBQ190618 dated 19/07/2019; Bill of Entry No. 4316840 dated 01/08/2019 and relevant e-mails exchanged between the plaintiffs and the defendants for shipment from China to Mumbai during the period from 24/07/2019 to 31/07/2019 (Colly). TOR Document at Sr. no. 7.
Exh.13-Copy of plaintiffs Tax Invoice No. EFL-BOM-00011501 dated 25/09/2019 for Rs. 4664.99 towards the charges as detailed in the above Tax Invoice. TOR Document at Sr. 8.
Exh.14-Copy of the above Credit Acceptance from signed, executed and submitted to the plaintiffs by the defendant on 27/03/2018. TOR Document at Sr. no. 9.
Exh.15-Office/original copy of the above demand notice dated 20/09/2019 alongwith the relevant three postal booking receipts for dispatch of the demand notice to the above named defendants by the advocate of the plaintiffs (Colly). TOR Document at Sr. no. 10.
Exh.16-Original endorsed A/D Card, postal track information for delivery of the above demand notice by the postal authority to the defendant no.1 on 23/09/2019 and the two original returned envelops with postal remarks as \"Refused\" thereon. TOR Document at Sr. No. 11.
Exh.17-Authenticated copy of the Statement of Account of the defendant no.1 company as pr the books of account of the plaintiff company as on 31/03/2020. TOR Document at Sr. No. 12.
Matter is adjd. for further evidence of plaintiff to 29-04-2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Advocate Bhandari for plaintiff present.
None for defendant.
Advocate of plaintiff filed Written Notes marked as Exh- 18 tor.
Matter is adjd. Argument to 30-06-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Both parties and their adv. absent.
K.B.
L.O. at. 01.10 p.m.
Adv. Rajendra Bhandari for Plaintiff present.
None present for defendant/ Ex-parte.
Heard arguments of ld. Adv. For Plaintiff.
K.B. for Ex-parte Judgment.
L.O at. 05.15 p.m.
Due to paucity of time adjd to 06/07/2022 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present for Plaintiff.
None present for defendant.
Due to paucity of time adjd to 14/07/2022 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
None present for Plaintiff.
None present for defendant / Ex-parte.
Ex-parte Judgment.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. Defendant nos. 1 to 3 are jointly and severally to pay an amount of Rs. 2,28,480/- to the plaintiff with further interest at the rate of 9 % p.a. from the date of suit till realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded as per Bombay City Civil Court
Rule.
Judge
Nature Of Disposal: DECREED
Disposal Date: 14-07-2022