Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Judgment in Comm. Suit No. 61 of 2020
MHCC010003862020 Presented on : 09/01/2020
Registered on : 27/01/2020
Decided on : 08/07/2022
Duration : 02Y 05M 11D
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT No. 61 OF 2020
Jeevandeep Edumedia Pvt. Ltd.
Having registered officer at Sun Paradise
Business Plaza, First Floor, Senapati Bapat
Marg, Lower Parel, Mumbai 400 013.
Through its Assistant Legal Manager
Mrs. Neha Nanchiket Kulkarni, Age 29,
Occupation : Service .
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...PLAINTIFF
VERSUS
1. Yogesh Kolhe
Principal, Age 48 years, Occu : Not known
119B, Kamgar Nagar Ramna Maroti, Nagpur
400 009 AND
Plot No.236 B, Ishwar Nagar, Ramna Maroti
Nagar, Nagpur 440 009. Mob. No.7972809017
2. Student Welfare Society Nagpur
119C, Ramna Maroti Nagar,
Nagpur440 009.
Maharashtra.
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} ...DEFENDANTS
Adv. Jay Yadav, learned advocate for plaintiff.
Defendant exparte.
CORAM : HIS HONOUR JUDGE SHRI. N.P. TRIBHUWAN
(C.R.NO.32)
E XP A R T E J U D G M E N T
(Delivered on 08/07/2022)
This is a suit for recovery of sum of Rs.2,32,971/ and pre
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2 Judgment in Comm. Suit No. 61 of 2020
suit accrued interest of Rs.1,05,355/ calculated @ 18% p.a.
2. It is case of plaintiff that it is Private Limited Company
incorporated under the Companies Act 1956. It deals business of
educational publisher. As per the purchase order of defendants the
plaintiff has time to time sold, supplied and delivered goods to
defendants through delivery challans, which were acknowledged by
defendants. Plaintiff raised invoices on defendants for aforesaid goods
as under.
Date Invoice No. Amount
02.04.2016 PT 60486 Rs.11,513/
02.04.2016 PT 60510 Rs.1,03,534/
11.04.2016 PT 61312 Rs.1,125/
19.04.2016 PT 61835 Rs.1,500/
02.05.2016 PT 62641 Rs.20,813/
07.05.2016 PT 63004 Rs.14,138/
12.05.2016 PT 63224 Rs.51,671/
21.05.2016 PT 63738 Rs.8,119/
28.05.2016 PT 64192 Rs.87,864/
30.05.2016 PT 64207 Rs.61,178/
01.06.2016 PT 64354 Rs.375/
04.06.2016 PT 64544 Rs.2,106/
10.06.2016 PT 64917 Rs.4,994/
22.06.2016 PT 65645 Rs.12,825/
22.06.2016 PT 65660 Rs.15698/
29.07.2016 PT 66171 Rs.20,876/
12.07.2016 PT 67389 Rs.357/
12.05.2016 PT 67403 Rs.4,050/
20.07.2016 PT 68676 Rs.600/
20.07.2016 PT 68716 Rs.1,418/
28.07.2016 PT 69562 Rs.75,000/
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3 Judgment in Comm. Suit No. 61 of 2020
04.08.2016 PT 69996 Rs.2.727/
11.08.2016 PT 70282 Rs.2,156/
10.09.2016 PT 70757 Rs.8,868/
07.02.2017 Debit Note PZ 60856 Rs.200/
Total Rs.5,13,705/
3. Defendants have made part payment on 09.08.2016,
16.09.2016, 26.09.2016, 10.10.2016, 27.10.2016, 28.12.2016,
16.02.2017, 28.06.2017. The amount of Rs.2,32,971/ remained to be
paid by the defendant towards the sale invoices. As per terms and
conditions agreed between parties if defendant failed to make payment
on due date, the plaintiff is entitled to charge interest @18% p.a. from
due date. Therefore, defendants are liable to pay interest of
Rs.1,05,355/ calculated @ 18% p.a. from 28.06.2017 to 31.12.2019.
Defendants failed to pay the above amount. Thus, total sum of
Rs.3,38,326/ is due and payable by defendants to plaintiff.
4. Defendants served with suit summons but did not appear.
Hence, suit proceeded exparte against them.
5. On above facts following points arise for determination and
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether plaintiff proved that it had sold,
supplied & delivered goods to defendants? …Yes
2. Whether plaintiff proved that principal
amount of Rs.2,32,971/ is due and
payable by defendants?
If yes, at what rate of interest?
…Yes
3. Whether plaintiff proved that interest of
Rs.1,05,355/ calculated @ 18% p.a. is due …Yes
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4 Judgment in Comm. Suit No. 61 of 2020
and payable by defendant ?
4. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 to 3:
6. Heard learned counsel of Plaintiff. Plaintiff has examined
its Legal Executive (PW1 Ms. Hima Gosalia) to prove its case. She
reproduced all content of plaint in her chiefexamination. Her evidence
is supported by documentary evidence Exh.8 to 56 : i) Lorry receipts
about delivery of goods, ii)Invoices, iii) Debit Note, iv) Credit Note v)
Sales ledger.
7. Defendants did not appear and challenged evidence of
plaintiff/PW1 which is supported by aforementioned documentary
evidence. There is no reason to disbelieve her testimony. Hence,
plaintiff succeed to establish that amount of Rs.2,32,971/ is due and
payable by the defendant to plaintiff. As far as interest of Rs.1,05,355/
@ Rs.18% p.a. is concerned, it seems that the clause is mentioned in
invoice that the rate of interest in the event of failure to pay the invoice
amount will be charged @ 18% p.a.
8. On the point of rate of interest in commercial transaction,
Hon’ble Delhi High Court in a case of Sasumorov Enterprises Private
Limited V/s. Odeon Builders Pvt. Ltd, CS(Comm) 927/2016
dtd.16/11/2018, observed and held, “as far as the claim of the plaintiff
for the relief of pre suit, pendente lite and future interest @24% p.a. is
concerned, though undoubtedly the invoices of the plaintiff on
defendant contain a clause to the said effect but considering the
prevalent rates of interest, even quacommercial transactions the claim
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5 Judgment in Comm. Suit No. 61 of 2020
for interest @ 24% p.a. is found to be excessive. The plaintiff is found
entitled to pre suit interest @ 15% p.a., from expiry of 60 days of the
date of each of the invoices and till the date of institution of the suit and
is avoided interest pendente lite and future @ 9% p.a.”
9. In view of aforesaid case law, considering entire facts and
prevailing market rate of interest, it is desirable to grant interest at the
rate of 18 % p.a. Hence, as per the said rate plaintiff is entitled for
interest amount of Rs.1,05,355/ as prayed. Thus, plaintiff is entitled for
recovery of Rs.3,38,326/ and future interest @ 18% p.a. on principle
sum of Rs.2,32,951/ from date of filing of suit till realization of
amount. Thus, I answered point Nos. 1 to 3 as above. Hence, I pass the
following order.
ORDER
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay
to plaintiff the amount of Rs.2,32,971/ with interest @
18% p.a. from the date of suit till realization of the said
amount.
3. Defendants are jointly and severally directed to pay the
plaintiff pre suit accrued interest of Rs.1,05,355/.
4. Decree be drawn up accordingly.
Date : 08/07/2022.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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6 Judgment in Comm. Suit No. 61 of 2020
Dictated on : 08/07/2022.
Checked on : 08/07/2022.
Signed on : 08/07/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08/07/2022. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 08/07/2022.
Order signed by P.O. on 08/07/2022.
Order uploaded on 08/07/2022.
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