M/s. Rajesh Metal SyndicateVsPrince Marine Transport Services Private Limited +3 more

Date: 30-03-2020
Next Purpose: REPORT
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. Tripathi for plaintiff
Adv. Kanchan singh for defendant No.1 filed Vakalatnama.
The plaintiff has no objection to accept the vakalatnama and apperance of defendant No.1 on record. Hence, the appearance of defendant No.1 and vakalatnama on his behalf is accepted on record.
Adv for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Service affidavit. The service affidavit Exh.5 along with the writ of summons and the original acknowledgment cards show that summons has been served on all the defendants No.1 to 4. However, defendants No.2 to 4 failed to appear. Hence, suit to proceed Ex-parte against defendants No.2 to 4 for filing of SJ.
Exh.6 - Vakalatnama on behalf of defendant No.1.
Adjd for filing of SJ to 22-06-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: None for plaintiff.
Adv. Kanchan Singh for defendant present.
KB LO
Adv. K.S. Tripathi for plaintiff present.
None for defendant.
Adv. for plaintiff file draft SJ alongwith affidavit t.o.r.
O- Leave is granted to register the SJ.
Matter is adjd to 21/12/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. K. S. Tripathi for plaintiff present and he tendered registered SJ. 182/21.
adv. Kanchan singh for defendant no. 01 present.
None present for other defedants
Matter adjourned for service to. 03/03/22.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plaintiff.
Adv. Kanchan Singh Defendant no. 01 present.
Matter is adjourned for service of SJ on defendant
 no. 02 to 04 to 25-04-2022.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Advocate Mr. K.S. Tripathi for plaintiff present.
None for defendant.
The suit is pending for SJ service, but advocate of plaintiff submitted that already suit is ex-parte against defendant no.  2 to 4, and only defendant no. 1 is appeared on record.  Thereafter, the plaintiff has tendered SJ, but theres is no record to Show that SJ is serve atleast to defendant no 1. Therefore, plaintiff is directed to filed SJ  service proof.
Matter is adjd. for SJ service to 10-08-2022.
Next Purpose: SERVICE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: As court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Krishnagopal S. Tripathi present for plaintiff, tendered service affidavit to Summons for Judgment TOR.
As per the service report, the Service of SJ service to the Defendant No.1, but he failed to appear, hence, proceed without reply. Matter be proceed ex-parte.
None present for defendant.
Matter stands adjourned for ex-parte evidence on 16-09-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Partner of plaintiff along with Adv. Tripathi present, tendered claim affidavit and list of document TOR marked as Exh.7 and 8.
None present for defendant.
Matter stands adjourned for exhibiting of documents on 07-11-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: P. O. is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: None present.
KB.
L.O. at 12.25 pm.
Adv. Tripathi present for plaintiff.
None present for defendant.
The following documents are exhibited under Exh.8.
The Document at Sr.No.1 is the Defendant No.1 original written purchase order No.1700 dated 01/02/2017 TOR marked as Exh.9.
The Document at Sr.No.2 is the Second carbon copy of plaintiffs Delivery Challan No.302 dated 01/02/2017 TOR marked as Exh.10.
The Document at Sr.No.3 is the Second Carbon copy of the plaintiffs Tax Invoice No.1543 dated 25/02/2017 for Rs.95,612/- TOR marked as Exh.11.
The Document at Sr.No.4 is the Second carbon copy of plaintiffs Advocates legal demand notice dated 26/02/2019 and one original registered post acknowledgment card TOR marked as Exh.12.
The Document at Sr.No.5 is the Second carbon copy of the plaintiffs advocates legal demand notice dated 13/08/2019 along with 3 original registered post receipts appended thereon, one original registered post acknowledgment card and one original returned registered letter envelope packet TOR marked as Exh.13.
He also tendered evidence closing pursis TOR marked as Exh.14.
Heard.
Matter stands adjourned for argument on 02-03-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: None present.
KB.
L.O. at 12.45 pm.
Adv. K.S.Tripathi present for plaintiff.
None present for defendant.
Heard the counsel of plaintiff.
Matter stands adjourned for further argument on 03-04-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Adv. K.S. Tripathi present for plaintiff.
None present for defendant.
Heard.
F.R.S.R. following order is passed-
Ex-parte Judgment Exh-15.
ORDER
1.Summons for judgment No.182 of 2021 in Summary Suit No.161 of 2020, is hereby allowed.
2.Summary Suit No.161 of 2020 stands partly decreed.
3.Plaintiff is entitled to recover the amount of Rs.95,612/- alongwith interest at the rate of 9 percent per annum from 25/02/2017, till its full realisation from the defendant No.2.
4.Summary Suit No.161 of 2020 stands dismissed against defendant Nos.1, 3 and 4.
5.Decree be drawn up accordingly.
(Order dictated and pronounced in open Court)
Nature Of Disposal: PARTLY DECREED
Disposal Date: 03-04-2024

EXECUTION APPLN/100245/2025
SUMMONS FOR JUDGT/100182/2021

Registration Number: 100161/2020
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100161/2020
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Filing Number: 113129/2019
Filing Date: 28-11-2019
First Hearing Date: 30th March 2020
Decision Date: 03rd April 2024
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE