Date: 20-02-2020
Business: Adv.Dhavani for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for issuance of writ of summon - Allowed Issue summons through E-mail.
Matter adjd to 28.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Nirmal chopra for plaintiff present.
None for defendant.
In view of order dated 20.02.2020 specific direction was issued for issuance of summons through e-mail however, plaintiff failed to comply order. Hence, suit is kept for futher order.
Matter adjd to 05.03.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Ms. Dhwani Bagdai for plaintiff present.
None for defendant.
Adv. for plaintiff submitted that she wants to tender affidavit of service. She requested keep back the matter. Oral request is accepted.
Matter adjd to 9/3/2020 for filing affidavit of service.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
As per the notification by Hon\''ble High Court, no urgency. Hence matter is adjourned on next date.
Matter adjd to 09.04.2020 for filing affidavit of service.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Hon\\\''ble High Court, Bombay, the Hon\\\''ble I/c. Principal Judge has been pleased to declare holiday on 23.09.2020.
Hence, matter adjd to 15.10.2020 for filing affidavits of documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-11-2020
Date: 07-11-2020
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 26/11/ 2020 for filing affidavit of document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 11.12.2020 for filing affidavit of document.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv.Dhwani Bagdai i/b Vraj Legal for plaintiff present.
Adv.for defendant absent.
Adv for plff tendered affidavit of service. As per affidavit e-mail was sent to the address of defendant.
Adjd to 11/1/2021 for order.
Next Purpose: ORDER
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv.Nirmal Chopda i/b. Viraj Legal for plaintiff present.
None present for defendant.
As the defendant no.1 and 2 are served by email by the plaintiff. The plaintiff has filed affidavit of service, Exh.3 to that effect. The defendant No.1 and 2 had not appeared in the suit. Suit to proceed ex-parte against them. The defendant No.3 is not served by the plaintiff. The suit stand dismissed against defendant No.3.
Matter adjd to 18.02.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Plaintiff present.
Adv.Dhwani Bagdai i/b. VRAJ Legal for plaintiff present.
None present for defendant.
Statement of truth, Exh.4 filed by Adv. of plaintiff t.o.r. O-filed.
Affidavit of examination-in-chief, Exh.5 filed by Adv. of plaintiff t.o.r. O-filed.
PW No.1- Raj Jasani resumed on S.A.
List of documents, Exh.6 filed by Adv. of plaintiff t.o.r.
O-The documents annexed with this list are exhibited formally now. Its evidentiary value will be considered at the time of final argument.
\''Annexure A\''- Copy of an email, Exh.7
\''Annexure B\''-Copy of an order, Exh.8
\''Annexure C\''-Copy of an order, Exh.9
\''Annexure D1 to D3\''-Office copies of invoices, Exh.10 colly.
\''Annexure E1 to E3\''-Original dishonored cheques, Exh.11 colly.
\''Annexure F1 to F4\''-Original Bank return memos, Exh.12 colly.
\''Annexure G1 to G2\''-Office copies of demand notices, Exh.13
\''Annexure H1 and H2\''-Original postal and courier receipts, Exh.14 colly.
\''Annexure I1 to I2\''-True copies of the tracking reports, Exh.15
\''Annexure J\''-Original returned envelop, Exh.16
Matter adjd to 24.02.2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv.Dhwani Bagdai i/b. Vraj Legal for plaintiff present.
None present for defendant.
Evidence closure pursis, Exh.17 filed by Adv. of plaintiff t.o.r.
Matter adjd to 02.03.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Dhwani Bagdai i/b. VRAJ Legal for plaintiff present.
None present for defendant.
Heard Adv. of plaintiff.
Matter adjd to 03.03.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv.Dhwani Bagdai i/b. VRAJ Legal for plaintiff present.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff a sum of Rs.5,44,002.00/- with further interest at the rate of 10% p.a. from the date of filing of suit till its realization.
3. The Defendants are directed to pay to the plaintiff the interest at the rate of 10% p.a. on the balance bill amount of Rs.1,50,000/- in respect of invoice No.KE-907/453/17-18 from 15.10.2017 till date of filing of suit. The defendants are further directed to pay the interest of 10% p.a. on amount of Rs.1,75,112/- in respect of invoice No.KE-907/549/17-18 from 08.01.2018 till date of filing of suit. The defendants are also further directed to pay the interest at the rate of 10 percent p.a. on amount of Rs.2,18,890/- in respect of invoice No.907/569/17-18 from 17.01.2018 till date of filing of suit.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-03-2021