Interim Order 1

Order Details: Other
Pdf Text: SUMMONS FOR JUDGMENT 15/19 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMONS FOR JUDGMENT NO.15 OF 2019
IN
SUMMARY SUIT NO. 1158 OF 2018
(CNR NO.: MHCC010004002019)
A.Navinchandra Steels Pvt.Limited
a Company incorporated an registered
under the provisions of the Companies At,
1956 and having it s Registered office
at 704, Ecstasy Commercial Building,
Nirmal Life Style Ltd,City of Joy,
Jata Shankar Dosa Marg, Mulund(West),
Mumbai400080, Maharashtra. ...Plaintiffs
Versus
Forefront Property Developers
Private Limited.(Now Forefront
Private Limited) Registered Office
Address: 601, Hubtown Viva,
Western Express Highway,Jogeshwari(E),
Mumbai400060. ...Defendants
Appearances:
Advocate Mr.Pandey for the Plaintiffs.
Advocate Mr.Mukharjee for the Defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 12th July 2019
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SUMMONS FOR JUDGMENT 15/19 2
JUDGMENT
This is a Summons for judgment for recovery of Rs.2,74,533/
(Rs.Two Lacs Seventy Four Thousand Five Hundred and Thirty Three
only).
2. The plaintiff case in nut shell is that in the month of March 2016
defendants have purchased various goods from the plaintiffs . The
Plaintiff has also time to time supplied goods to defendants as per the
orders of defendants. The defendants have failed to make full and final
payment of invoices. The defendants are in default of Rs.2,74,533/
(Rs.Two Lacs Seventy Four Thousand Five Hundred and Thirty Three
only).
3. The defendants appeared. Summons for judgment was served to
them but they failed to file leave to defend and therefore,suit is
proceeded without leave to defend.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether the plaintiff proves that he
had supplied goods to defendants?
Yes
2. Whether the plaintiff proves that
amount of Rs.2,74,533/(Rs.Two Lacs
Seventy Four Thousand Five Hundred
and Thirty Three only) is due and
recoverable from defendants?
Yes
3.Whether the plaintiff is entitled for
recovery of Rs.2,74,533/(Rs.Two Lacs
Yes
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SUMMONS FOR JUDGMENT 15/19 3
Seventy Four Thousand Five Hundred
and Thirty Three only) with interest as
claimed?
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff filed affidavit of Shri. Mahesh Heliya, Account
Manager and filed copy of purchase orders, invoices, delivery challans,
debit notes, bank statement, legal notice and postal receipts.
6. Heard Ld.counsel for plaintiff.
7. The copy of purchase orders, invoices, delivery challans, debit
notes, bank statement, legal notice and postal receipts shows that in the
month of March 2016 defendant has purchased various goods from the
plaintiff . The Plaintiff has also time to time supplied goods to plaintiff
as per the orders of defendants. The defendants have failed to make full
and final payment of invoices. The defendants are in default of
Rs.2,74,533/(Rs.Two Lacs Seventy Four Thousand Five Hundred and
Thirty Three only). As far as rate of interest is concerned, plaintiff has
prayed for interest @ 18% p.a.as the relationship between plaintiff and
defendant is contractual relations. The interest @ 18% p.a. can be
granted. Therefore, point Nos. 1 to 3 is answered as 'Yes' and point No.4
is answered as suit is exparte decreed and following order is passed.
ORDER
1. Summons for Judgment No.15/2019 is allowed.
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SUMMONS FOR JUDGMENT 15/19 4
2. Defendants company do pay to plaintiff company amount of
Rs.2,74,533/(Rs.Two Lacs Seventy Four Thousand Five Hundred and
Thirty Three only) with interest @ 18% p.a. from the date of filing of
this suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 12/07/2019 City Civil Court,Gr. Bombay.
Dictated on : 12/07/2019
Transcribed on : 16/07/2019
Signed on : 17/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18/07/2019 5.10p.m. Mrs.J.V.Pawar
Name of the Judge HHJ Shri M.S.Lone(CR No.28)
Date of Pronouncement of
Judgment/Order.
12/07/2019
Judgment/order signed by P.O on 17/07/2019
Judgment/order uploaded on 18/07/2019
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