Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010000842019 Presented on 03/01/2019
Registered on 24/04/2019
Decided on 23/04/2025
Duration 06Y: 03M: 20D
Exhibit 15
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 499 OF 2019
M/s. Chetana Stationery ]
a division of Chetana Publication Pvt. Ltd., ]
Having its registered office at 263-C, Khatau ]
Wadi, Behind Central Cinema, Goregaonkar Lane, ]
Girgaon, Mumbai-400 004. ]...Plaintiff
V/s.
Umesh Patil ]
an adult, age not known, Proprietor of ]
M/s. Shri Mahalaxmi Stationery C/o. Anandsagar ]
Public School, Mani Rajauri Road, Chinchani, ]
Tasagaon, Sangli, Maharashtra-414312. ]...Defendant
Appearance:-
Ld. Advocate Madhuri Lakhani for the plaintiff.
Defendant absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 23/04/2025
JUDGMENT
( Dictated and pronounced in open Court)
01. This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (CPC) for recovery of amount of Rs. 2,55,615/-
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along with further interest.
Brief facts of the plaintiff’s case may be summarized as under:
02. The plaintiff is a registered company having its registered
office on the mentioned address in the title clause. The plaintiff is
carrying on business of selling educational books. The defendant is the
proprietor of M/s. Mahalaxmi Stationery. The plaintiff has sold and
supplied Books to defendant as per order placed by defendant. The
said books were sold, supplied and delivered through transporter M/s.
Anupam Transport during the period July 2015 to March 2016.
Accordingly, plaintiff has raised invoices from time to time. Defendant
used to make payment from time to time in respect of the goods.
Defendant had issued certain cheques which were dishonoured
therefore, plaintiff bank has debited a sum of Rs. 3,750/- towards bank
charges. The said amount is debited in the defendant’s account. The
plaintiff has filed complaint u/s. 138 of Negotiable Instruments Act
against defendant. Defendant failed to pay sum of Rs. 1,70,653/- being
the balance of invoice No.587.01 dated 14/03/2016 for sum of
Rs. 6,44,217/-. The plaintiff requested defendant to repay the said
balance amount however, defendant failed to pay the said balance
amount. Therefore, plaintiff issued notice dated 02/05/2011 through
his advocate and called upon defendant to make the payment of
Rs. 1,74,403/- including bank charges. The said notice is received by
defendant however, neither he filed reply nor paid the balance amount.
Therefore, plaintiff is entitled for an amount of Rs.2,55,615/- including
interest. The plaintiff is entitled for further interest at the rate of 18%
p.a. Hence, this suit.
03. The defendant appeared in the matter on 18/10/2019 and
filed an application for condonation of delay at Exh. 6. It is observed in
roznama dated 23/09/2022 that defendant was directed to take out
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notice of motion for condonation of delay in view of roznama dated
11/07/2022. However, defendant failed to take steps therefore, order
was passed on 23/09/2022 to proceed matter exparte against
defendant.
04. Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is
entitled to recover amount
of Rs.2,55,615/- from
defendant? If yes, at what
rate interest ?
Yes, the plaintiff is entitled to simple
interest on the amount of
Rs. 1,70,653/- at the rate of 7% p.a.
from 03/01/2019 i.e. the date of filing
the suit till its full realization.
2. What order and decree? As per final order.
05. In support of claim, the plaintiff has filed affidavit of claim
of Mr. Shaji V. John, Authorized Signatory of the plaintiff at Exh. 6 as
P.W.1 and reiterated his contention in the plaint for recovery of
Rs. 2,55,615/- along with the further interest at the rate of 18% p.a.
from defendant. The plaintiff has filed and relied upon the following
documents.
Sr.
No. Exhibit Particulars
1 Exh.8 Office copy of Invoice No.15/587.01 dated
14.03.2016.
2 Exh.9 Copy of ledger account of the defendant from
01.04.2015 to 10.11.2019.
3 Exh.10 Office Copy of notice dated 02.05.2018 from plaintiffs
advocate to the defendants.
4 Exh.14 Certificate u/s. 65B of Indian Evidence Act
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R E A S O N S
As to points No. 1 and 2 :-
06. Perused plaint, oral and documentary evidence on record.
Hd. Learned counsel for the plaintiff. As per plaintiff, defendant is
proprietor of M/s. Mahalaxmi Stationery. Further, as per orders placed
by defendant, plaintiff used to supply and deliver educational books to
defendant through transport. It is the specific contention of plaintiff
that from July 2015 to March 2016, he has sold, supplied and
delivered goods to the defendant. It is the contention of plaintiff that
he had sold, goods to the tune of Rs. 6,44,217/- as per purchase order
placed by defendant. Accordingly, plaintiff raised invoice bearing No.
15/587.01 dated 14/03/2016 at Exh. 8. On perusing said invoice, it
appears that it bears seal and signature of defendant. Further, it
substantiate the contention of plaintiff that he has sold books to
defendant.
07. Further, plaintiff has stated that defendant paid
amounting from time to time however, he failed to pay balance
amount of Rs. 1,70,653/-. It has come in the evidence of plaintiff that
defendant had issued cheques to plaintiff to pay the balance amount
however, said cheques were dishnoured. Therefore, plaintiff bank has
debited an amount of Rs. 3,750/-. The plaintiff has included said bank
charges in the balance amount due and payable by defendant to the
plaintiff. Therefore, it is the contention of plaintiff that balance amount
of Rs. 1,70,653/- and amount of Rs. 3,750/- towards bank charges,
total amounting to Rs. 1,74,403/- is due and payable by defendant.
Plaintiff in order to substantiate said contention has filed extract of
Ledger Account at Exh. 9 a/w. Certificate u/s. 65 B(4) of the Indian
Evidence Act at Exh. 14. Thus, on perusing said extract of Ledger
Account, it appears that an amount of Rs. 1,74,403/- is payable by
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defendant.
08. As per plaintiff, as defendant failed to pay said
outstanding amount therefore, he issued letter dated 02/05/2018 at
Exh. 10 to defendant through advocate by RPAD. Further, though said
letter is received by defendant, he has neither paid balance amount to
the plaintiff nor replied to the notice. Therefore, as per contention of
plaintiff he is entitled for interest at the rate of 18% p.a. on
outstanding amount till the date of filing of the suit and as a further
interest till its realization. The plaintiff is claiming said interest on the
basis of terms and conditions in the invoice at Exh. 8. It is pertinent to
note that invoice at Exh. 8, it is mentioned that if payment is made
after 30 days interest at the rate of 24% p.a. will be charges.
Defendant has not challenged and contested the matter. Hence,
evidence of plaintiff has remained unchallenged. Therefore, I am of the
view that plaintiff is entitled for interest at the rate of 18% p.a. from
14/03/2016 till the date of filing of the suit. Thus, plaintiff is entitled
for an amount of Rs. 2,55,615/- including interest.
09. So far as prayer of further interest on the said amount is
concerned, the plaintiff has claimed 18% p.a. interest on the said
amount as per terms in invoice. However, it appears that the rate of
interest claimed by plaintiff is excessive in nature as compare to the
rate of Nationalized Bank. Therefore, I am of view that in view of
Section 34 of Civil Procedure Code, it would be just and proper to
grant further interest at the rate of 7% p.a. from the date of filing of
the suit till its realization. The invoice is dated 14/03/2016 and suit is
filed on 03/01/2019 therefore, suit is within limitation. Further, in
view of terms and condition in invoice this Court has jurisdiction.
Hence, I answer point No. 1 in the affirmative. In the result, in answer
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to point No. 2, I proceed to pass the following order.
O R D E R
1] The Summary Suit No. 499 of 2019 is decreed with costs.
2] The defendant shall pay to the plaintiff an amount of
Rs.2,55,615/-(Rupees Two Lakhs Fifty Five Thousand Six
Hundred and Fifteen only).
3] The plaintiff is entitled to simple interest on the amount of
Rs. 1,70,653/- at the rate of 7% p.a. from 03/01/2019 i.e. the
date of filing the suit till its full realization.
4] The plaintiff may be entitled to get refund of the court-fees paid
by them, if any provided for in rules.
5] The decree shall be drawn accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai.
Dated: 23/04/2025 Court Room No.81
Dictated on: 23/04/2025
Corrected & signed on: 24/04/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
25/04/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER
23/04/2025
JUDGMENT/ORDER signed by P. O. on 24/04/2025
JUDGMENT/ORDER uploaded on 25/04/2025
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