Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum Suit 171 of 2020 .. J/1 .. Judgment
MHCC010000892020
Presented on 02-01-2020
Registered on 10-02-2020
Decided on 29-07-2025
Duration Year Month Days
05 06 27
CNR No. MHCC010000892020
Exh
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO. 171 OF 2020
Taher & company
Partnership Firm carrying on its business
and having its office at Godown No.10,
Samudra Mahal, 250, M.A Road,
Near Samudra Hotel, Madanpura,
Mumbai-400008. ...Plaintiff
VERSUS
Golden Birds Import & Export
A Private Limited Company/Partnership registered
under having its registered office at-2 Sungold
Building Plot No.303, Sher-E-Punjab Society,
Andheri (E) Mumbai-400093.
C/F AL Bard Collection,
7th Moriswala Musacirkhana, Opp Mandvi MTNL
Office, Mohamed Ali Road,
Mumbai-400003.
…Defendant
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Appearance :
Adv. Lata Kharva : for Plaintiff
Ex parte : for Defendants
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
29th July, 2025
J U D G M E N T
(Ex-parte)
This is a suit under order Order XXXVII, Rule.2 of C.P.C. for
recovery of an amount of Rs.1,61,992 with18% p.a based on invoices.
2. The brief facts necessary to decide the suit is that:
The plaintiff is a partnership firm in the business of trading
in P.U Foam, non-woven fabrics, cotton coated fabrics and velvet and
nylon. It had business relations with the defendants since April,2018.
During the course of business and as per the purchase orders received,
they sold supplied and delivered various goods under tax invoices cum
delivery challans. The defendants never denied the receipt of the goods
under the invoices. The defendants made part payment from time to
time by cheques and they have maintained books of accounts in the
regular course of their business of defendants and entered the amounts
of goods sold and delivered.
3. It is their further case that, since 03.03.2019 an amount
ofRs.1,39,049/- is due and payable. Inspite of repeated oral demands
and sending statement of accounts, defendants failed and neglected to
pay the amount. On 07.08.2019 and 23.09.2019 legal notices was sent,
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however as the envelopes returned back, hence again on 11.11.2019
notice was sent of which intimation was received by the defendants. In
spite of it the defendants failed to pay the outstanding amount. Hence
suit
4. The writ of summons were duly served on the defendants
by paper publication. However, as the defendants failed to appear,
hence, suit was directed to proceed ex-parte.
5. From the pleadings of plaintiff, following points arise for
my consideration and determination, to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Is plaintiff firm are entitled for recovery of an
amount of Rs.1,39.049/- with 18% p.a ?
Partly
affirmative
2. What order and decree ? As per final
order.
REASONS
6. In order to substantiate its claim, plaintiff filed evidence
affidavit of their partner Mr. Zuzer Taherbhai Rajkotwala vide Exh.5 and
filed list of documents vide Exh.6. The documents are copy of
partnership deed & supplementary deed (Exh.7), office copies of
Invoices (Exh.8 to Exh.10), Copy of ledger account (Exh.11), Copy of
notice, receipt and returned envelopes (Exh.12 to Exh.14). By pursis
vide Exh.15 plaintiff closed its evidence.
AS TO POINT NO.1.
7. Heard Adv. Kharva for plaintiff and gone through the entire
documents filed on record. It is the case of the plaintiff firm that they
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sold supplied and delivered goods to defendants as per the orders
placed and issued invoices. They maintained ledger account of
defendants and the entries of the amount received is entered. There is
an outstanding amount of Rs.1,39,049/- which defendants failed. The
invoices Exh.8 to Exh.11 shows non- woven fabrics worth Rs.1,39,049/-
were sold, supplied and delivered to defendants of which the invoices
were raised. The ledger account Exh.11 shows an amount of
Rs.1,39.049/- as outstanding. The demand notices Exh.11 was sent,
however, defendants failed to clear the amount.
8. The evidence affidavit of partner of plaintiff and the
documents filed on record have gone unchallenged as the suit
proceeded ex-parte. Thus, the undisputed and unchallenged evidence
and the umpteen documents on record prove goods were sold and an
amount of Rs.1,39,049/- is outstanding which defendants failed to clear
it inspite of repeated demands. Hence, plaintiff firm is entitled to
recover an amount of Rs.1,39,049/-. As regards the rate of interest,
though the transaction is commercial in nature, however, it was not an
agreed rate of interest. Hence, interest of 12% p.a would be reasonable
rate of interest. Hence, Point No.1 is answered accordingly.
AS TO POINT NO.2:
9. In view of my finding to Point No.1, the suit is liable to be
partly decreed with costs and plaintiff firm is entitled to recover the
principal amount of Rs.1,39,049/- with 12% p.a from the date of
issuance of notice dated 07.08.2019 till realization. In the result, I
proceed to pass following order.
ORDER
1. The Summary Suit No.171 of 2020 is partly decreed with costs.
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2. The defendants are hereby directed to pay to plaintiff an amount of
Rs.1,39,049/- (Rs.One Lakh and Thirty None Thousand Forty None
only) with 12% p.a from 07.08.2019 till realization.
3. The decree be drawn up accordingly.
4. The court fees be refunded as per rules.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:29/07/2025 City Civil Court, Mazgaon,
MUMBAI
Dictated on : 29/07/2025
Transcribed on : 07/08/2025
checked on : 21/08/2025
Signed on : 21/08/2025
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.08.2025 at 12.15 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
29.07.2025
Judgment/order signed by P.O. on 21.08.2025
Judgment/order uploaded on
due to cis closed.
21.08.2025
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