Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: .. 1..
MHCC010003802020
Presented on : 09.01.2020
Registered on : 27.01.2020
Decided on : 16.03.2022
Duration : Y2,M1,D17.
IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI
COMMERCIAL SUIT NO. 59 OF 2020
JEEVANDEEP EDUMEDIA PVT. LTD. ]
Having registered office at ]
Sun Paradise Business Plaza, ]
First Floor, Senapati Bapat Marg, ]
Lower Parel, Mumbai 400 013. ]
Through its Assistant Manager Legal ]
Mrs. Neha Nachiket Kulkarni ]
Age: 29, Occupation : Service ].....Plaintiff
V/s
1. MR. SHAIKH NASIR ]
PRINCIPAL & DIRECTOR ]
Age : 55 years ; Occup: Not Known ]
New Minority Maltipurpaj And Education Society ]
Maria English School ]
Bhosa Road, Near Corsin Depot, ]
Ghatanji Road, Yavatmal 445 001 ]
Maharashtra ]
2.New Minority Maltipurpaj And Education Society ]
Maria English School ]
Bhosa Road, Near Corsin Depot, ]
Ghatanji Road, Yavatmal 445 001 ]
Maharashtra ].....Defendants
APPEARANCE:
Adv. Mr. Hetal Vakil i/b J. R. Vakil & Associates for the plaintiff.
Defendants Exparte.
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CORAM : RAJESH A. SASNE
JUDGE
(C.R.No.32)
DATED : 16th March, 2022.
EXPARTE JUDGMENT
This is Commercial Suit for recovery of amount of books
sold to the defendants.
In brief, facts of the plaintiff's case are as under :
2. The plaintiff is a private limited company carrying on
business as educational publisher. Previously, it was known as
'Jeevandeep Prakashan Pvt. Ltd.'. Pursuant to the defendant's purchase
orders, the plaintiff has time to time sold, supplied and delivered goods
to the defendant. Accordingly, time to time the plaintiff has raised
invoices total amount of which is Rs.5,14,468/. After credit note dated
10.01.2018 for amount of Rs.96,275/, sum of Rs.4,18,193/ is due and
payable by the defendants. It was agreed term that if the defendants
fail to make the payment on due date, the plaintiff will be entitled to
charge interest at the rate of 18% p.a. Amount of Rs.6,28,757/ is due
and payable from the defendants. Hence, to recover to said amount this
suit is filed.
3. By order dated 04.10.2021 suit is proceeded exparte
against the defendants.
4. Heard the learned Advocate for the plaintiff. No argument
of the defendants. Points for determination along with my findings
thereon with reasons are as under:
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POINTS FINDINGS
1. Whether the plaintiff proves that it has sold
supplied and delivered goods to the
defendants?
Yes
2. Whether the plaintiff proves that the
defendants have failed to make payment of
due amount against the costs of the goods
received from the plaintiff?
Yes
3. Whether the plaintiff is entitled to recover
the amount of Rs.6,28,757/ due and
payable by the defendants to the plaintiff?
Yes
4. If yes, at what rate of further interest? 18%
5. What order and decree? Suit is decreed.
REASONS
AS TO POINTS NOs.1 to 4 :
5. All these points are interlinked with each other hence, they
are taken together for consideration. The plaintiff has examined Ms.
Hima (PW1) at exhibit7, who is authorized representative of the
plaintiff. She deposes in support of the suit claim. The plaintiff has
produced delivery receipts at exh.11 (Colly) which shows that the goods
are sent to the defendants through Chintamani Travels and professional
courier. This fact is not disputed by the defendants. Hence, it is required
to be accepted that these goods are delivered to the defendant No.2.
The plaintiff has raised invoices (exh.12) against the goods, details of
same are as follows:
Sr
No.
Invoice No. Date Amount.
1. T70414 05.04.2017 74,375/
2. T70850 15.04.2017 50,278/
3. T71204 22.04.2017 7,910/
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4. T73032 29.05.2017 51,650/
5. T73944 12.06.2017 5,023/
6. T74128 14.06.2017 8,575/
7. T75044 23.06.2017 28,560/
8. T76623 06.07.2017 57,736/
9. T76648 06.07.2017 3,920/
10. T76703 07.07.2017 2,440/
11. T77514 13.07.2017 1,575/
12. T77541 15.07.2017 2,296/
13. T78312 20.07.2017 1,855/
14. T79681 01.08.2017 2,258/
15. T80987 14.09.2017 4,372/
Total 3,02,823/
6. Total amount of these invoices is 3,02,823/. The ledger
account for the year 01.04.2017 to 26.12.2019 at exh.14 shows that
after credit note of Rs. 96,275/, amount of Rs.4,18,193/ was due and
payable by the defendant No.2 to the plaintiff. On the invoices it is
mentioned that interest at the rate of 18% p.a. shall be charged after
due date of payment. Such due dates are mentioned on the invoices.
The plaintiff by calculating the interest at the rate of 18% on the
principal amount has claimed Rs.6,28,757/ from the defendant. The
defendants have not challenged such kind of evidence of the plaintiff. In
view of the agreed term of rate of interest, the plaintiff will be entitled
to charge the interest at the rate of 18% p.a. till the date of the suit. I
am of the view that considering the nature of the transaction and
defendants status as educational trust, the further interest from the date
of the filing of the suit shall be 12% p.a. Hence, I am of the view that
the plaintiff has proved that the defendant No.2 has failed to pay the
due amount of Rs.6,24,632/ to the plaintiff. The defendant No.1 is a
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principal and director of the said school. It is the case of the plaintiff
that the goods are sold to the trust/school. Therefore, the defendant
No.2 is liable to pay due amount to the plaintiff. Accordingly, I answer
point Nos.1 to 4.
AS TO POINT NO.5:
7. In view of aforesaid findings, the suit is liable to be
decreed. In the result, in answer to point No.5, I pass the following
order.
ORDER
1. Suit is decreed with costs as follows:
a) The defendant No.2 do pay to the plaintiff an
amount of Rs.6,28,757/(Rupees Six Lakhs Twenty
Eight Thousand Seven Hundred Fifty Seven Only)
alongwith interest at the rate of 12% p.a. on principal
sum of Rs.4,18,193/(Rupees Four Lakhs Eighteen
Thousand One Hundred Ninety Three Only) from the
date of filing of the suit till the date of realisation.
2. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 16.03.2022 Mumbai.
Dictated on : 16.03.2022
Typed on : 17.03.2022
Signed by HHJ on : 19.03.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.03.2022 at 05.50 p.m.
UPLOAD DATE AND TIME
(Mr. S. V. AMBEKAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
16.03.2022
Judgment/order signed by P.O. on 19.03.2022
Judgment/order uploaded on 19.03.2022
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