Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 12.01.2018
Registered on 01.03.2018
Decided on 17.01.2019
Duration Yrs. M. Days
10 16
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.281 OF 2018
M/s. Ventura Corporation
having office address at Jeevandeep CHS,
Baburao Parulekar Marg, Off. Bhavani
Shankar Road, Dadar (West), Mumbai400
016. Through its Partner CHIRAG BHARAT
SHAH ...Plaintiff.
V/s.
RATHNA STORES FIRM,
Unit of Ravi Traders, 146/15, Muthulingam
Street, West Tambram, Chennai : 600 045. ...Defendant.
Appearances:
Ld. Adv Mr. Jeetendra Ranawat for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 17th January,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.8,52,227/ with interest.
MHCC01-000640-2018
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2. In short, plaintiff came with a case that, plaintiff is a partnership
firm registered under the Partnership Act, 1931 having their business at
the address mentioned in the title clause of plaintiff. Defendant is also
the partnership firm having business address as mentioned in the title
cause. Plaintiff is dealing into bags interalis Ajahara College Bag and
Fashion Backpacks etc. (hereinafter referred to as “goods”.
3. Plaintiff submitted that, defendant on 30.05.2015 placed order of
the goods to plaintiff. Plaintiff sold, supplied and delivered the goods
with their tax invoice No.000087 for the sum of Rs.5,34,327/ to
defendant. The goods were delivered through transport namely
“Mahaveer Transports” on 30.05.2016 vide L.R.No.168447. Defendant
have accepted the goods with any grievances and never raised any
disputes. Plaintiff made several calls to defendant for payment.
However, defendant failed to make the payment due. Therefore,
plaintiff issued notice through Advocate on 16.10.2017 and same was
received by defendant on 20.10.2017. However, defendant neither
replied nor made the payment of due amount. Therefore, plaintiff filed
this suit against defendant for recovery of outstanding due amount.
4. Writ of summons came to be issued against defendant. It was
served and plaintiff filed service affidavit on record. In spite of service
of writ of summons defendant never turned up to contest the suit.
Therefore, suit proceeded exparte against defendant.
5. In order to prove its claim plaintiff filed chiefinaffidavit at Exh.6
and list of documents at Exh.7. Plaintiff proved the documents viz –
Tax Invoice dt.30.05.2015 (Exh.8), Lorry receipt dt.30.05.2015 (Exh.9),
Advocates' Notice dt.16.10.2017 (Exh.10) and acknowledgment card
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(Exh.11). The claim of plaintiff remains unchallenged and unrebutted
as none appeared on behalf of defendant.
6. Heard learned Advocate for plaintiff. Perused the record and
proceedings.
7. On going through the documents like invoice and lorry receipt
(Exh.8 and 9) it is crystal clear that, goods were supplied by plaintiff to
defendant and defendant accepted the same without any objection
whatsoever. Even defendant have accepted the invoice. Therefore,
defendant is liable to pay the amount as per invoice for the goods
received by them. But defendant failed to make the payment of goods.
In spite of service of writ of summons none appeared for defendant to
rebut the claim of plaintiff. Therefore, claim of plaintiff remains
unchallenged and unrebutted. Hence, I have to accept the
unchallenged claim of plaintiff. Therefore, suit filed by plaintiff for
recovery under O.XXXVII R.2 of C.P.C. needs to be accepted. In spite of
repeated requests and demand defendant failed to pay the amount due
and payable of invoices, which forced plaintiff to approach this Court
for recovery amount. Therefore, costs of this suit needs to be saddled on
defendant. Being commercial transaction, plaintiff is entitled to recover
amount as per agreed rate of interest on the outstanding amount.
8. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
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O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.8,52,227/ along with interest at
the agreed 21 percent per annum on principal amount
of Rs.5,34,327 / to plaintiff from the date of filing of
this suit till realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 17/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 17.01.2019
Transcribed on : 18.01.2019
Signed on : 21.01.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.01.19 at 5.05 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 17.01.19
Judgment/order signed by P.O. on 21.01.19
Judgment/order uploaded on 21.01.19
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