Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: S. C. Suit No. 259/18. 1 Ex-parte Judgment (Exh.7).
MHCC010004392018
Presented on : 10-01-2018
Registered on : 24-01-2018
Decided on : 02-05-2024
Duration : 6 years, 3 months, 23 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 259 OF 2018
EXHIBIT NO.7.
M/s Spartan Engineering Industries Pvt. Ltd., )
A Private Limited company registered under )
Indian Companies Act, 1956 with amendment )
Indian Companies Act, 2013 )
Carrying business at – Spartan House Level 1/111, )
New Tejpal Industrial Estate, Andheri Kurla Road, )
Sakinaka, Andheri (East), Mumbai )
Through its Senior Manager Mr. Hemant Charania )
Age – 40 Years, Occ – Service )...Plaintiff
Versus
1. Raj & Co. )
A Partnership Firm )
Having Office at – 1/6, ‘A’, )
Adarsh Nagar Co-op. Housing Society Ltd., )
Veer Nariman Road, Prabhadevi, Mumbai – 400 030 )
2. Ramulu B. Shekelli )
Age : An Adult Occ. Business )
3. Tirupati R. Shekelli )
Age : An Adult Occ. Business )
Both are the partners of M/s. Raj & Co. )
Both having address at – 1/6, ‘A’, )
Adarsh Nagar Co-op. Housing Society Ltd., )
Veer Nariman Road, Prabhadevi, Mumbai – 400 030 )...Defendants
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S. C. Suit No. 259/18. 2 Ex-parte Judgment (Exh.7).
Shri Gaurav R. Myayanti, Advocate for the plaintiff.
None for the defendants. (Ex-parte).
CORAM : HIS HONOUR JUDGE SHRI U.C.DESHMUKH.
(COURT ROOM NO.66).
DATE : 2nd MAY, 2024.
JUDGMENT
(Delivered on 2nd May, 2024.)
1. This is suit for recovery of an amount of Rs.14,60,054/-
with interest at the rate of 24% p.a.
2. The plaintiff contends that it is a company incorporated
under the Companies Act whereas defendant no.1 is a partnership firm
of which defendant no.2 and 3 are partners. Both defendant no.2 and 3
are jointly and severally liable for the day to day conducting of the
business of the defendant no.1. In pursuant to the order of the
defendant the plaintiff sold, supplied and delivered Spartan
Multifunctional Hoist Model and thereafter also supplied goods to the
defendants since 24/12/2015 to 11/07/2017 total worth of
Rs.25,24,514/-. Defendants have agreed to pay interest at the rate of
24% p.a. if they fail to make the payment on due date.
3. It is specific case of the plaintiff that defendants made part
payment from time to time of sum of Rs.15,41,514/-. Hence an amount
of Rs.9,83,000/- was remained to be paid. Defendants are bound to pay
an amount of Rs.4,76,049/- against the interest amount for the period
of 01/04/2017 to 31/08/2017. Thus, on 14/09/2017 the plaintiff sent
notice to claim aforesaid amount, however defendants failed. Hence this
suit.
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S. C. Suit No. 259/18. 3 Ex-parte Judgment (Exh.7).
4. The plaintiff served writ of summons upon defendants and
filed affidavit of service at Exh.2. The defendants failed to appear.
Hence in view of Exh.2 the suit is proceeded ex-parte against
defendants vide order dated 27/07/2018.
5. The plaintiff examined one Hemant Charania as PW No.1
at Exh.3 and filed documents alongwith list Exh.4 as follows :
Sr.No. Particulars
1 Authorization letter.
2 Purchase order dated 14/12/2015.
3 Computerized invoice no. AMBEX2015-16/341.
4 Computerized invoice no. AMBEX2015-16/433.
5 Computerized invoice no. AMBEX2015-16/462.
6 Office copies of debit note No. 51410146.
7 Office copies of debit Memo No. 51400017.
8 Office copies of debit Memo No. 51400018.
9 Computerized invoice no. 10/44/17/00004.
10 Extract of ledger account for the period 01/04/2015 to
31/03/2016.
11 Extract of ledger account for the period 01/04/2016 to
31/03/2017.
12 Office copy of advocate notice dated 14/09/2017 with
original postal receipt.
13 Original Returned R.P.A.D. packet 21/09/2017.
14 Office copy of correction notice dated 29/09/2017 with
original postal receipt.
15 Original returned R.P.A.D. packet 05/10/2017.
16 Certificate as per Evidence Act for computerized document.
The plaintiff also filed Board Resolution with list Exh.5.
6. The plaintiff closed their evidence vide pursis Exh.6.
7. Learned advocate for the plaintiff argued in support of the
case of the plaintiff.
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S. C. Suit No. 259/18. 4 Ex-parte Judgment (Exh.7).
8. Considering facts, evidence and submission of learned
advocate for the plaintiff, following points arise for determination of the
suit :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that it is
entitled to recover an amount of
Rs.14,60,054/- with interest at the rate
of 24% p.a. ?
Partly Yes.
2. Is suit within limitation ? Yes.
3. What order and decree ? As per final order.
REASONS
AS TO POINTS NO.1 TO 3 :-
9. At the outset, it is apt to mention that pleadings and
evidence of the plaintiff remained unchallenged. Hence, there is no
reason to discard it at threshold.
10. The purchase orders dated 14/12/2015 and copies of
invoices fortifies the contention of the plaintiff that it supplied goods to
the defendants. The copy of the ledger account for the period of
01/04/2015 to 31/03/2016 and 01/04/2016 to 31/03/2017 shows
that an amount of Rs.9,83,000/- was due from defendants to the
plaintiff. Thus, the plaintiff succeeded to show that it supplied goods to
the defendants and defendants failed to pay balance amount of
Rs.9,83,000/-.
11. The copies of invoices on record demonstrate that the
defendants had agreed to pay interest at the rate of 24% if amount of
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S. C. Suit No. 259/18. 5 Ex-parte Judgment (Exh.7).
the goods is not paid within a period as alleged by the plaintiff. It is
specific contention of the plaintiff that it had given credit to the
defendants. The plaintiff nowhere states how much period of payment
was given to defendants. Moreover, the ledger account on record is
silent as to levy of 24% interest on amount due. In such circumstances,
in view of nature of transaction it would be just and proper to award
the interest at the rate of 9% p.a. from the date of the suit to the date of
its realization. If the contention of ledger account are taken into
consideration, the suit instituted on 10/01/2018 is within limitation.
Accordingly point no.1 and 2 are answered.
12. Defendants failed to resist the suit. Their failure to pay the
price of the goods led the plaintiff to institute the suit. Hence, the
plaintiff would entitle to the cost of the suit. Accordingly in answer to
point no.3 following order is passed :
- ORDER -
1. The suit of the plaintiff is partly decreed with cost as under :
Defendants to pay jointly and severally an amount of
Rs.9,83,000/- with interest at the rate of 9% p.a. from the date of the
suit till the date of its realization within two months from the date of
the order to the plaintiff.
2. Accordingly S.C.Suit No. 259/2018 is disposed off.
(U.C.DESHMUKH)
Judge,
City Civil Court,
(Court Room No.66)
Date : 02/05/2024. Mumbai.
1. Dictated on : 02/05/2024.
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S. C. Suit No. 259/18. 6 Ex-parte Judgment (Exh.7).
2. Transcribed on : 08/05/2024.
3. Checked on : 08/05/2024.
4. Correction carried on : 09/05/2024.
5. Signed on : 09/05/2024.
6. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
10/05/2024. 11.45 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri U.C.Deshmukh.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 02/05/2024.
Judgment/Order signed by P.O. on 09/05/2024.
Judgment/Order uploaded on 10/05/2024.
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