Date: 03-02-2020
Business: Advocate Mishra for plaintiff is present.
None present for defendant.
Issue writ of summons.
Adjourned for writ of summons to 12.02.2020
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Advocate Mr. Mishra for plaintiff is present.
None present for defendant.
Adjourned for awaiting report of writ of summons to 09.03.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Advocate for plaintiff is present.
None for defendant.
Exh.1 Plaint
Exh.2 V/P
Exh.3 Memorandum of address
Exh.4 List of documents.
Exh.5 Affidavit of service
Adjourned for appearance to 20/3/2020.
Next Purpose: FOR APPERANCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for appearance to 15.04.2020.
Judge
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: FOR APPERANCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: National Lockdown
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for appearance to 05.02.2021.
Judge
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. C. D. Mishra for plaintiff present.
None for defendant
On perusal of service affidavit vide Exh. 5 , summons is duly served on defendant by RPAD. Defendant is failed to appear. Hence, suit to proceed ex-parte.
Matter is adjd.to 03-03-2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Ms. Sayli Sonawane for plaintiff present.
None for defendant.
Exh.6- Statement of truth.
Exh.7- Affidavit of evidence PW-1 Mr. Kailash Reshim.
Exh.8- List of documents.
In view of testimony of P.W.1, documents are marked as follows.
Exh.9- Resolution dtd. 13.02.2019.
Exh.10 (Colly)- Invoice bearing no. 1718020102, dtd. 21.04.2021.
Exh.11 (Colly)- Goods Consignment note dtd. 21.04.2017.
Exh.12- Statement of accounts along-with certificate.
Exh.13- Confirmation statement for the period from 01.04.2016 to 31.03.20217.
Exh.14- Confirmation statement for the period from 01.04.2017 to 30.06.2017.
Exh.15- Email exchanged between parties.
Exh.16- Demand Notice dtd. 29.11.2018.
Exh.17- Postal Slip dtd. 30.011.2018.
Exh.18- Acknowledgement card.
Exh.19- Cheque bearing no. 636744, 24.06.2019 for Rs. 1,00,000/-.
Exh.20- Cheque bearing no. 636746, 24.07.2019 for Rs. 1,00,000/-.
Exh.21- Cheque bearing no. 636747, 28.07.2019 for Rs. 1,00,000/-.
Exh.22- Cheque bearing no. 636748, 30.07.2019 for Rs. 50,154/-.
Exh.23(Colly)- Memo of dishonor dtd. 26.06.2019.
Exh.24- Plff. adv. notice u/s. 138, dtd. 26.11.2019.
Exh.25 (Colly)- Postal slip bearing no.RM11810786, dtd. 27.11.2019.
Exh.26- Acknowledgment card.
Exh.27- Certificate u/s. 65-B of Indian evidence Act.
Matter is adjd.to 31.03.2021 for evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Mr. C.D.Mishra for plaintiff present.
None for defendant.
Exh.28 - Evidence closed pursis submitted by plff.
Matter is adjd.to 07.04.2021 for arguments (ex-parte).
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None for both side.
Matter is adjd.to 03.05.2021 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 14.06.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 07.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 6-09-2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate C. D. Mishra for Plaintiff present.
Heard arguments of Advocate for plaintiff.
Matter is adjd.to 17-09-2021 for Ex-parte Judgment at
4.00 p.m.
Next Purpose: JUDGMENT
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None for plaintiff.
Ex-parte Judgment – Exh. 29
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 3/2020 is decreed.
2. The defendant is directed to pay amount of Rs. 5,38,017/- (Rupees Five Lakhs Thirty-eight Thousand Seventeen Only )to the plaintiff within three months from the date of decree.
3. The defendant is a further directed to pay interest @ 16% p.a. on the principal amount of Rs. 3,79,967/- to the plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-09-2021