Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.370/2018
Filed on : 11.01.2018
Registered on : 20.03.2018
Decided on : 06.03.2020
Duration : Year-02 Month-01 Days-27
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 370 OF 2018
(CNR NO.MHCC01-000523-2018)
Exhibit-14
Mr. Venu Avadhanula
Age: 50 years
Address - MIG-1B-92, Sector 6,
MVP Colony, Visakhapatnam 530017,
Andhra Pradesh ….Plaintiff
V/s.
1. ABG Shipyard Ltd
Address - 5th Floor, Bhupati chambers,
13, Mathew road,
Mumbai – 400004.
2. ABG Shipyard Ltd
Address: Near Magdalla Port,
Dumas Road, Surat- 395 007 ... Defendants
SUIT FOR RECOVERY OF RS.16,19,458/-
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 06th March, 2020.
(C.R.No.59)
Appearances:-
Advocate Rashmi Naik, for the plaintiff.
Exparte against Defendant.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil Procedure
1908.
The facts of the case are as under :
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Judgment 2 Summ. Suit No.370/2018
2. The defendant is a Public Limited Company Registered Under
Companies Act, 1956. Plaintiff was appointed by the defendant company on
the position of Vice President- Commercial, Grade XV Vide appointment Letter
dated 29.04.2015 the plaintiff had been working with the defendant company
on the same post without any interruption. Due to personal reason plaintiff
tender resignation of the same post vide Resignation letter dated 18.11.2015.
It is the case of the plaintiff that defendant company has not paid full and
final settlement amount which includes his salary from July, 2015 to
December, 2015. According to the plaintiff defendant company owes
Rs.16,17,458/- to the plaintiff and the same was confirm by the defendant
company vide its email dated 14.05.2015. The defendant company has
failed to pay amount of Rs.16,17,458/- inspite of various requests made by
the plaintiff and receipt of legal notices dated 14.09.2017. According to the
defendant is liable to pay amount of Rs.27,85,028/- on the date of the filing
of the suit Hence, plaintiff is constrained to file the suit for recovery of the
said amount. The total suit claim of the plaintiff for Rs.27,85,028/-.
3. The suit summons were duly served on the defendant but he failed to
appear. Hence, suit is posted for judgment as per order XXXVII Rule 2(3) of
Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:-
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.16,19,458/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. The Constituted Attorney of plaintiff Shweta Shah, has filed affidavit at
Exhibit-4. In order to prove the case of the plaintiff filed following
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Judgment 3 Summ. Suit No.370/2018
documentary evidence.
Exhibit.
No.
Description of documents
6 Copy of appointment letter dated 29.04.2015
7 Copy of Registration Letter dated 18.11.2015 which the
plaintiff had addressed to the defendant
8 Copy of email dated 14.05.2015
9 Copy of emails collectively
10 Copy of the legal notice dated 10.09.2017
11 Copy of the proof of dispatch dated
12 Copy of the track record derived from the official website of
India Post
13 Certificate under section 65 B Indian Evidence Act.
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-6 to 13 that
plaintiff was employed on position of Vice President- Commercial, Grade XV
in the defendant company and he has tendered his resignation on dated
18.11.2015. The documents further prove that the amount of Rs.16,19,458/-
is due and payable to the plaintiff company from defendant towards full and
final settlement of his account and salary. But, defendant failed to pay total
amount of Rs.16,19,458/- towards full and final settlement of his account and
salary. The documents at list Exhibit-6 to 13 goes to establish that defendant is
liable to pay Rs.16,19,458/- to the plaintiff on the date of filing of the suit
towards full and final settlement of his account and salary. In this background,
it is held that plaintiff is entitled to recover sum of Rs.16,19,458/- from the
defendant.
7. The plaintiff has claimed 24% per annum on the principal amount. As
per section 34 of the Code of Civil Procedure the rate of interest may exceed
6% per annum, if the transaction is commercial and there is no contract
pertaining to the same between the parties. In the present case the
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Judgment 4 Summ. Suit No.370/2018
transaction is a commercial one and there is no express contract existing
between the parties as to the rate of interest of 24% per annum which shall be
levied. Therefore, rate of interest at the rate of 18% per annum would be just
and proper to be awarded on the principal sum adjudged i.e. amount of
Rs.16,19,458/- from January, 2016 till its realization. Hence, point no.1 is
answered in the affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held that the
plaintiff is entitled to recover Rs.16,19,458/- from the defendant with interest
at the rate of Rs.18% per annum on the principal sum of Rs.11,65,570/- from
January, 2016 till its realization. Plaintiff is also entitled to recover cost of the
suit from the defendant. Hence, in answered to point no.2, I proceed to pass
the following order :
: ORDER:
1. The defendant shall jointly and severally pay
Rs.16,19,458/- (Rs. Sixteen Lakhs Nineteen Thousand Four
Hundred and Fifty Eight Only) to the plaintiff with interest
at the rate Rs.18% per annum from January, 2016 till its
realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(Smt. S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date :06.03.2020 Gr. Bombay
Typed on :06.03.2020
Described on :06.03.2020
Signed on :06.03.2020
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Judgment 5 Summ. Suit No.370/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
06.03.2020 5.15 p.m. Miss. N.T.Kokare
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 06.03.2020
Order signed by P.O. on 06.03.2020
Order uploaded on 06.03.2020
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