Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010005002020
Presented on 13.01.2020
Registered on 04.02.2020
Decided on 17-10-2024
Duration Year Month Days
04 08 13
CNR No. MHCC010005002020
EXH-14
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.689 OF 2021
Megachem Specialty Chemicals (I) Pvt.
Ltd.,
(Earlier known as “MGI Chemicals Pvt.
Ltd.”) The Company incorporated under
The Companies Act, 1956 Through its
Director & Authorized Signatory Mr.
Kaustubh Paranjape, Age about: 45 years,
Occupation: Service, Having its Registered
Office At: 407, 4th Floor, Jaswanti
Landmark, L. B. S. Marg, Vikhroli (West),
Mumbai:- 400 079. ...Plaintiffs.
V/s.
JK Coil Coatings Pvt. Ltd.
A Company incorporated under
The Companies Act, 1956
Having its Registered Head Office Address At:
Neel Siddhi Enclave, Commercial Complex,
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Plot No. 48/9, Sector No.14, Vashi, Navi
Mumbai: 400 703.
...Defendants
Appearances:
Ld. Adv. Ashish Mishra for plaintiff.
None present for defendant.
CORAM : HIS HONOUR JUDGE
SHRI N. B. LAVTE
(C.R.No.83)
DATED : 17th October, 2024
J U D G M E N T
(Ex-parte)
1. This the Summary Suit under order XXXVII rule 2 of Civil
Procedure Code, 1908 recovery of an amount of Rs.27,50,000/- for the
goods supplied.
It is the case of the plaintiff company that:-
2. The plaintiff and defendant are registered under the
Companies Act, 1956. The defendant is regular customer of plaintiff.
The defendant had placed various purchase order bearing purchase
orders No. 3333 / 333A dated 26.10.2017, 30.12.2017 and by email
dated 07.08.2018. In pursuance of it goods were supplied on 60 days
credit. The total out standing amount is Rs.17,29,192.69/-. The invoices
for the goods supplied were raised. In order to repay the out standing
dues, defendant issued cheque bearing No.001776 dated 15.07.2019 of
Rs.17,22,600/- drawn on Andhra Bank, Branch: Andheri EA, Mumbai-
400 093.
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3. It is further case of the plaintiff that the cheque was
deposited within its validity period, however it returned unpaid with
remark “Account Blocked” on 18.09.2019. Hence, statutory demand
notice was issued on 10.10.2019 . In spite of receipt of notice the
outstanding amount was not paid. On the contrary defendant earned
huge profit of the goods supplied. Hence, suit.
4. Pursuance the issuance of summons, defendants appeared.
Thereafter, plaintiff filed Summons for Judgment No. 99 of 2021.
However, defendant failed to file reply and an application Exh-04 for
time to file reply was rejected. Thus, the suit practically proceeded
exparte against defendant.
5. In view of the pleadings of plaintiff, following points arise
for my consideration and determination to with I have recorded my
findings alongwith reason as under:-
Sr.
No.
Points Findings
1. Is plaintiff Company entitled for recovery of an
amount of Rs.27,50,000/- with interest @ 30%
p.a from defendant?
Affirmative
2. What order and decree ? As per final
Order.
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REASONS
6. In order to prove the suit claimed, the authorized signatory
Amol Genbhau Ghanwat filed his evidence affidavit vide Exh.05.
Whereas reliance was placed on the following documents namely,
certificate of incorporation Exh.07, board resolution Exh.08, invoices
Exh.09, cheque Exh.10, demand notice Exh.11 & statement of claim
Exh.12. By pursis Exh-13 evidence was closed.
AS TO POINT NO.1
7. Heard, Ld. Adv. Mishra for plaintiff and gone through the
documents filed on record. From the argument and the invoices Exh.09
(colly) it reveals that plaintiff supplied DUSIL C K 633 10 kg bag of an
amount of Rs.17,29,192.69/-. Through the delivery challans. To repay
the said amount, cheque Exh.10 was issued by defendant. As per
plaintiff when presented for encashment, it returned unpaid with
remark, ‘Account Blocked’ . Demand notice Exh.10 and postal the
receipt and acknowledgment are filed on record showing receipt of the
notice by defendant. The entire contents of the plaint are reiterated by
the authorized signatory Amol Genbhau Ghanwat in his evidence
affidavit. In absence of cross-examination the same has gone
unchallenged.
8. Considering the unchallenged evidence of plaintiff and
umpteen documents on record it is proved that defendant placed orders
and in spite of receipt of the goods defendant failed to repay the
amount as the cheque given by him bounced as the account was
blocked. Therefore, plaintiff proved supply of goods and an outstanding
amount of Rs.17,29,192.69/-(principal amount). Though plaintiff
claimed interest of 30% p.a on the unpaid amount, however, I am of the
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view that though the transaction is commercial in nature, however as
regard the rate of interest it was not universally agreed between the
parties. Therefore, I am of the view that plaintiff is entitled of recovery
of principal amount of Rs.17,29,192.69/- with interest @18% p.a. that
to from 31.12.2017 i.e. after expiry of the 60 days of credits. Hence,
the point No.1 is the answered in the affirmative.
AS TO POINT No.2.
9. In view of my affirmative findings point No.1, the suit
deserve to be decreed. Defendant in spite of purchasing the goods failed
to clear the outstanding amount forcing the plaintiff to file the suit.
Therefore, I am of the view costs of the suit needs to be saddled upon
the defendant. In the result I proceed to pass following order.
ORDER
1. Suit is decreed with cost.
2. The defendant is hereby directed to pay to plaintiff an amount of
Rs.17,29,192.69/- i.e. on the principal amount with interest
@18% P.A from 31.12.2017 till realization of the amount.
3. Decree be drawn-up accordingly.
4. Court fee be refunded as per rule.
5. Summons for Judgment No. 99 of 2021 is disposed of
accordingly.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:17-10-2024 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 17-10-2024
Transcribed on : 19-10-2024
checked on : 22.10.2024
Signed on : 23.10.2024
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23.10.2024 at 05.20 p.m.
UPLOAD DATE AND TIME
(MAHESH SHAMRAO LUGADE)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
17.10.2024
Judgment/order signed by P.O. on 23.10.2024
Judgment/order uploaded on
due to non working of cis
23.10.2024
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