Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.280/2018
Received on : 12.01.2018
Registered on : 01.03.2018
Decided on : 12.02.2019
Duration : Y M D
01 01 02
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 280 OF 2018
CNR NO.: MHCC010005712018
PREMIER ROAD CARRIERS LTD. ]
A Limited Company having its office at ]
901, BWing, Dalamal Tower, Nariman Point, ]
Mumbai – 400 021. ]
Through Mr. Shamshuddin Shaikh Authorized Person ]
Age : 45 years, Cell No.9833104286 ]
Email : Yashu.gupta@priclimited.co.in ]...Plaintiff.
Versus
M/s. HARI MACHINES LTD. ]
REGISTERED OFFICE, ]
Rajangpur 770017, Orissa (India) ]
Phone (RGP) : + 91. 66 24. 22 01 41, 161 ]
Telefax : + 91. 66 24. 22 01 51 ]
ALTERNATE ADDRESSES:
M/s. HARI MACHINES LTD. ]
CORPORATE OFFICE: ]
Eco Space Business Park, 6th Floor, Block 3B ]
Premises No.11 F/11, Action Area II ]
New Town, Rajarhat, Kolkata 700 156 ]
Phone : + 91.33.401741 00 to 41 09 ]
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M/s. HARI MACHINES LTD. ]
NEW DELHI BRANCH OFFICE : ]
4, Scindia House, Connaught Place ]
New Delhi – 110 001 ]
Phone : + 91. 11.23312706/2873 ]....Defendant.
Appearances:
Advocate Suryavanshi for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 12th FEBRUARY, 2019.
[ J U D G M E N T ]
Plaintiff case in short is as under :
1. Plaintiff has stated that on the basis of demand of defendant
dated April 08,2015 and April 09,2015, plaintiff had arranged for the
vehicle for transport for Two Point Loading transportation of goods
from Baramati to Orissa and another consignment from Kalamboli to
Orissa. As per the defendant instructions the said goods were
transported to their desired destinations on both the occasions through
roadways as per the terms and specification and delivered the requisite
goods/materials at their desired destination at Orissa at both times. The
said goods were duly delivered satisfactorily and there were no disputes
or demur as to the quality, quantity, pricing and timings of the said
delivery of the goods/materials. Plaintiff has further stated that plaintiff
had arranged vehicle for transport of Two Point Loading transportation
of goods from Baramati to Orissa and another consignment from
Kalamboli to Orissa at their desired destinations and against which
plaintiff raised the below mentioned freight bill which are still unpaid.
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The details of the freight invoice raised are as under:
Sr Invoice
Nos.
Invoice
Date
Consignment Consignment
Note No.
Consignment
Dated
Invoice
amount
1 11179 21.05.2015
Baramati to
Orissa
24635 28.04.2015
1,50,000/
Kalamboli to
Orissa
24636 01.05.2015
TOTAL FREIGHT AMOUNT 1,50,000/
2. Plaintiff has further stated that it is an admitted fact that the
defendant had received and accepted the delivered goods/materials
through Consignment Note No.24635 dated 28.04.2015 and 24636
dated 01.05.2015 respectively for which the defendant had
acknowledge the Consignment Note for receipt of the goods
satisfactorily. Plaintiff has further stated that the defendant had sent an
Email correspondence on dated 27.06.2015 had addressed an email to
the plaintiff, thereby admitting the entire claim amount and apologizing
for the delay in making the outstanding amount dues of the plaintiff.
Plaintiff has further stated that the plaintiff had been requesting and
remaining the defendants to make the payment of the legitimate dues
fro the services utilised by the defendant. The plaintiff had sent several
email correspondences to the defendant requesting them to make the
payment. Plaintiff called upon the defendant and requested the
defendant to make the payment of the said outstanding dues worth
Rs.1,72,784/inclusive of the interest worth Rs.22,784/ from the date
of the invoice till the date of the demand notice @ 18% p.a. Plaintiff
has further stated that he issued statutory notice dated 04.04.2016 for
recovery of outstanding amount against defendant, but defendant failed
to pay dues accordingly. Therefore, plaintiff has filed present suit.
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3. Defendant failed to appear in the suit, therefore, suit has
proceeded Exparte against defendant.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.2,19,238/ from
defendant along with future interest
@ 18% p.a. on the principal amount
of Rs.1,50,000/ from the date of
filing of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff has filed evidence in the form of affidavit of
Shamshuddin Fakhruddin Shaikh (P.W.1) below Exh.8. Plaintiff relied
upon the following documents as documentary evidence which are as
under :
Sr.
No.
Exhibits Particulars
1. Exh.11 They Copy of the invited quotation for the
requirement of vehicle for Two Point Loading
transportation of goods from Baramati to Orissa and
another consignment from Kalamboli to Orissa and
subsequently vide email dated April 08, 2015 and
April 09, 2015
2. Exh.12 The original quotation was approved by the
defendant vide their email correspondence dated
April 27, 2015 dated 14th April 2015 and 27.04.2015
3. Exh.13 The original copies of the Invoice No.11179
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4. Exh.14 The Original copy of the Consignment Note
No.24635 dated 28.04.2015 and 24636 dated
01.05.2015 respectively.
5. Exh.15 The original copy of the email correspondence on
dated 27.06.2015 had addressed by the defendant to
the plaintiff.
6. Exh.16 The original few reminders copies of email
correspondences sent by the plaintiff to the
defendants on dated 11.09.2015, 23.09.2015 and
31.10.2015
7. Exh.17 The original copy of the demand notice dated
04.04.2016
8. Exh.18 The Original copy of the postal receipts and
unclaimed packet.
9. Exh.19 The Originals Copy of the Board resolution dated
27.10.2017 and authority letter dated 03.11.2017
authorizing for filing the present suit.
10. Exh.20 The original plaintiff's certificate Under Section 65 B
of the Indian Evidence Act.
11. Exh.21 Any other document as required.
AS TO POINT NOS. 1 AND 2:
7. Shamshuddin Fakhruddin Shaikh (P.W.1) has stated in his
evidence filed in the form of affidavit that the plaintiff is a limited
company having their business office at 901, BWing, Dalamal Tower,
Nariman Point, Mumbai 400 021. The address of the plaintiff for the
purpose of notice etc. is that of their Advocate having their office at
M/s. RMP LEGAL, Kalika Darshan, A/214, Ground Floor, B.P. Road,
Dadar West, Mumbai – 400 028. He has further stated that the
defendant is a Limited Company registered under the provision of the
Companies Act, 1956 bearing the Registration No.000713 and CIN
No.L29299OR1948PLC000713 doing the business in the name of HARI
CHEMICALS LTD. having the Registered Office address at
RAJGANGPUR, SUNDERSINGH ORISSA 770017 and having their
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Corporate office at Eco Space Business Park, 6th Floor, Block3B,
Premises No.II F/11, Action AreaII, New Town, Rajarhat, Kolkata – 700
156 and their New Delhi Branch office is at 4, Scindia House,
Connaught Place, New Delhi 110001 and are doing business of heavy
engineering & manufacturing, mineral processing solutions, Boilers for
Power & Process Plants. Consistency in maintaining international
quality standards, reliable after sales service for which the defendant
took mine the services.
8. He has further stated that the defendant had from time to time
approached him at their office at Mumbai for requirement of vehicle for
Two Point Loading transportation of goods from Baramati to Orissa and
another consignment from Kalamboli to Orissa and subsequently invited
quotations for the said two consignments vide their email dated April
08, 2015 and April 09,2015. He as further stated that he had vide email
dated 14th April 2015 had quoted the competitive freight charges of
Rs.1,50,000/ for the said two consignments. The said quotation was
approved by the defendant vide their email correspondence dated April
27, 2015 with a request to arrange to place the vehicle immediately a
their loading point.
9. He has further stated that on the basis of their demand/request
dated April 08,2015 and April 09,2015, he had arranged for the vehicle
for transport for Two Point Loading transportation of goods from
Baramati to Orissa and another consignment from Kalamboli to Orissa
as per the defendant instructions the said goods were transported to
their desired destinations on both the occasions through roadways as
per the terms and specification and delivered the requisite
goods/materials at their desired destination at Orissa at both times.
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The said goods were duly delivered satisfactorily and there were no
disputes or demur as to the quality, quantity, pricing and timings of the
said delivery of the goods/materials. He has further stated that he had
arranged vehicle for transport of Two Point Loading transportation of
goods from Baramati to Orissa and another consignment from
Kalamboli to Orissa at their desired destinations and against which he
had raised the below mentioned freight bill which are still unpaid. The
details of the freight invoice raised are as under :
Sr Invoice
Nos.
Invoice
Date
Consignment Consignment
Note No.
Consignment
Dated
Invoice
amount
1 11179 21.05.2015
Baramati to
Orissa
24635 28.04.2015
1,50,000/
Kalamboli to
Orissa
24636 01.05.2015
TOTAL FREIGHT AMOUNT 1,50,000/
10. He has further stated that it is an admitted fact that the
defendant had received and accepted the delivered goods/materials
through Consignment Note No. 24635 dated 28.04.2015 and 24636
dated 01.05.2015 respectively for which the defendant had
acknowledge the Consignment Note for receipt of the goods
satisfactorily. He has further stated that the defendant had sent an
email correspondence on dated 27.06.2015 had addressed an email to
the plaintiff company, thereby admitting the entire claim amount and
apologizing for the delay in making th outstanding amount dues of the
plaintiff. He has further stated that he had been requesting and
reminding the defendants to make the payment of the legitimate dues
for the services utilised by the defendant. He had sent several email
correspondences to the defendant requesting them to make the
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payment. He has further stated that he called upon the defendant and
requested the defendant to make the payment of the said outstanding
dues worth Rs.1,72,784/ inclusive of the interest worth Rs.22,784/
from the date of the invoice till the date of the demand notice @ 18%
p.a. He has further stated that the defendant are legally liable to pay
him an aggregate amount of Rs.1,72,784/ towards the legally
enforceable liability which the defendant owe him. But somehow being
deliberately and knowingly the defendant had been neglecting and
avoiding of the total amount due are as under :
SR. INVOICE
DATE
INOVICE
AMOUNT
INTEREST @
18% P.A.
AMOUNT DUE
1. 01.05.2015 150000/ 22784/ 1,72,784/
TOTAL AMOUNT DUE 1,72,784/
NOTE :
(a) Interest is charges at 18% per annum from the date of the latest
invoice till the date of the demand notice.
(b) Credit of 30 days has been offered on both the consignments.
11. He has further stated that being a prudent business house, he
had demanded from the defendant payment of the said outstanding
amount dues worth Rs.1,72,784/ inclusive of the interest worth
Rs.22,784/ @ 18% from the date of the invoice till the date of the
demand notice within a period of 07 days/one week. But the defendant
not only failed to make the payment, but also need not felt the
requirement to reply the same. He has further stated that he had been
waited for a long time for their legally outstanding amount dues, but it
seems that the defendant are well obsessed for giving false promises
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and prolonging the duration of making the payment by giving one
reason or the other to delay/avoiding in making the payment.
12. He has further stated that a statutory notice dated 04.04.2016
for recovery of the outstanding amount was issued to the defendant
through their Advocates known as RMP Legal. He has further stated
that he had thereafter made several attempts of calling the defendant
and requesting them to make the payment of the said outstanding dues
worth Rs.1,50,000/ with interest worth Rs.69,238/ @ 17% per annum
totaling the aggregate amount due to Rs.2,19,238/ and further
interest. He has further stated that the Basis of Claim is made on Tax
Invoice No.11179 dated 21.05.2015 amounting to Rs.1,50,000/. It
appears plaintiff has also adduced copy of Consignment Note No.24635
and 24636 and other relative documents. It appears, all the averments
in the plaint, oral evidence and documentary evidence lead by plaintiff
has remained unchallenged by defendant. The oral evidence of plaintiff
is corroborated by documentary evidence. Therefore, plaintiff has
proved that defendant has failed to pay outstanding loan amount with
interest. Therefore, plaintiff is entitled to get sum of Rs.2,19,238/ from
the defendant
13. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.1,50,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs.2,19,238/ to plaintiff
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along with interest @ 9% p.a. on the principal amount of
Rs.1,50,000/ from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 12.02.2019. City Civil Court,
Gr. Bombay.
Dictated on : 12.02.2019
Transcribed on : 12.02.2019
Signed on : 12.02.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13.02.2019 At 1:41 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
12.02.2019
Judgment/Order signed by P.O. on 12.02.2019
Judgment/Order uploaded on 13.02.2019
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