Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Suit No.188/2018
MHCC010005732018 Presented on : 12/01/2018
Registered on : 12/02/2018
Decided on : 10/07/2024
Duration : 06Y 06M 00D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT NO.21
SUMMARY SUIT NO.188 OF 2018
(CNR NO.MHCC01-000573-2018)
M/s. Jolly Polymers Pvt. Ltd.,
A company incorporated under Companies Act, 1956
having its registered office at 261, C Wing, Shanti
Industrial Estates, S. N. Road, Tambe Nagar, Mulund,
Mumbai – 400 081.
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] ...Plaintiff
Versus
1. Smt. Rupali Kiran Patil,
M/s. Mangauri Agro, B/6, Shree Mangal
Garden Appt. Near Jogging Track, Opp. Mumbai
Agra Highway, Indira Nagar, Nasik – 422009.
2. Shri. Kiran Patil, authorised signatory & Manager
of M/s. Mangauri Agro, B/6, Shree Mangal
Garden Appt. Near Jogging Track, Opp. Mumbai
Agra Highway, Indira Nagar, Nasik – 422009.
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] ..Defendants
Appearance :-
Learned Advocate Sonam Gupta i/b Clayderman and Co. for plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 10/07/2024.
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..2.. Summary Suit No.188/2018
J U D G M E N T
1 This summary suit is filed for recovery of amount,
contending that the plaintiff is a private limited company. It is a
manufacturer and trader in plastic packaging material of various kinds.
Defendant No.1 is the proprietor of M/s. Mangauri Agro, a proprietary
firm and defendant No.2 is manager and husband of defendant No.1.
In pursuant to the purchase orders, plaintiff has supplied and sold
goods and materials to the defendants and raised tax invoice No.5401
dated 03/04/2014 for Rs.4,25,250/-. The defendants received the
goods supplied and did not at no point of time raise any grievance or
dispute with regards to the quality of the goods. Plaintiff states that
total amount of Rs.4,25,250/- are due and payable from the
defendant. On repeated reminders, defendants issued a cheque
No.831417 dated 25/06/2015 for an amount of Rs.4,25,250/-, but on
presentation it returned dishonoured. Consequently, the plaintiff has
issued notice to the defendants calling upon them to pay the amount,
to which defendants replied. Plaintiff then rejoined the reply of
defendants. It is the contention of plaintiff that the defendants are
jointly and severally liable to pay the amount of Rs.4,25,250/- being
the principal amount alongwith interest at the rate of 24% per annum
which is calculated to Rs.7,82,460/-.
2 In response to the suit summons, defendants appeared
and tendered their vakalatnama. Thereafter, plaintiff took out
summons for judgment No.147 of 2018 and served the defendants, but
the defendants failed to file reply. However, during the course of trial,
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..3.. Summary Suit No.188/2018
as per the roznama dated 21/06/2023, plaintiff submitted that the
defendants have paid the principal amount, thus, plaintiff wants to
proceed with the suit for recovery of interest amount only. Therefore,
summons for judgment No.147 of 2018 came to be disposed of
granting leave to the defendants to raise defence within stipulated
period. However, defendants failed to file written statement, hence,
suit proceeded further without written statement and as ex-parte to the
extent of recovery of interest amount.
3 In order to substantiate its contentions, authorized person
of plaintiff filed his affidavit of evidence (Exhibit-07) alongwith
additional affidavit of claim (Exhibit-12) and relied on various
documents (Exhibit-13 to 19) under list (Exhibit-08). Heard learned
advocate for plaintiff.
4 The evidence of authorised person of plaintiff remain
unchallenged. The record discloses that the plaintiff has raised tax
invoice (Exhibit-13) of Rs.4,25,250/- alongwith L.R. receipt
(Exhibit-14) dated 04/04/2014. Plaintiff has also filed dishonoured
cheque No.831417 (Exhibit-15) issued by defendant alongwith memo,
legal notice dated 23/10/2017 (Exhibit-16), reply by defendants dated
13/11/2017 (Exhibit-17) and rejoinder of plaintiff dated 25/11/2017.
(Exhibit-18) to the reply dated 13/11/2017. It reveals from the
additional affidavit (Exhibit-12) that during the pendency of the suit,
defendants have paid the principal amount but failed and neglected to
pay the interest on the principal amount as claimed in the suit.
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..4.. Summary Suit No.188/2018
5 As the plaintiff itself submitted that the defendants have
paid the principal amount, it is found proved that the plaintiff is
entitled for interest from the date of default. It appears from the record
that the defendants had issued cheque dated 25/06/2015, which is
returned dishonoured on 26/06/2015, thus, I am of the view that the
defendants are liable to pay the interest from the date of dishonour of
cheque i.e. 26/06/2015 on the principal amount of Rs.4,25,250/-, till
the payment of principal amount to the plaintiff.
6 So far as rate of interest is concerned, the plaintiff is
claiming interest at the rate of 24% per annum from the defendants,
however, I am of the view that it is an exorbitant rate of interest. No
doubt the plaintiff has suffered loss in business and profit, due to
failure to repay the amount by the defendants. Had it been paid to the
plaintiff as per demand, it would have invested and would have earned
profit therefrom. Therefore, I am of the view that the plaintiff is
entitled for interest at the rate of 9% per annum from date of default
i.e. 26/06/2015, till the date of payment of principal amount of
Rs.4,25,250/-.
7 As the defendants have already paid the principal amount
as per the contention of plaintiff itself, I am of the view that it will be
just and proper to call upon the parties to pay the costs on their own,
in the result, I proceed to pass the following order :-
ORDER
1. Summary Suit No.188 of 2018, is hereby partly
decreed.
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..5.. Summary Suit No.188/2018
2. Plaintiff is entitled to recover from the defendants the
interest amount at the rate of 9% per annum on
principal amount of Rs.4,25,250/- from the date of
default i.e. dishonour of cheque dated 26/06/2015,
till the date of payment of principal amount.
3. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 10/07/2024.
Dictated and typed on : 10/07/2024.
Draft corrected on : 10/07/2024.
Signed by HHJ on : 11/07/2024.
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..6.. Summary Suit No.188/2018
“Certified to be true and correct copy of the original signed order”.
12/07/2024
at about 5.15 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 10/07/2024
Order signed by Hon'ble Judge on : 11/07/2024
Order uploaded on : 12/07/2024
at about 5.15 p.m.
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