Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.279/2019
Filed on : 08.01.2019
Registered on : 12.02.2019
Decided on : 02.03.2020
Duration : Year-01 Month-01 Days-26
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 279 OF 2019
(CNR NO.MHCC01-000801-2019)
Exhibit- 17
M/s. Chetana Book Depot,
Address: Office at 4th floor, “B” Wing,
Buiding “E” Trade Link, Kamala City,
Above Bombay Canteen, Lower Parel,
Mumbai – 400 013.
Through its Legal officer
Mr. Shaji John
….Plaintiff
V/s.
1. Syed Shajith
Age: Adult
Address: 16-11-511-D-358, Shalivahana Nagar,
Dilsukhnagar, Telangna,
Hyderabad – 500074.
2. Kenneddy Group of School
Anand Nagar Cross Road
Banolguda, Nagole,
Hyderabad- 500068 ... defendants
SUIT FOR RECOVERY OF RS.1,91,372.66ps.
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 02nd March, 2020.
(C.R.No.59)
Appearances:-
Advocate Rutika Iyer for the plaintiff.
Exparte against defendants.
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Judgment 2 Summ. Suit No.279/2019
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 :
2. The Plaintiff is a partnership firm registered under the Indian
Partnership Act, 1932. In Pursuance to order placed by the defendants
for supply of educational books, the plaintiff sold, supplied and
delivered to the defendants on 12.06.2016 and 07.05.2016 vide to
invoices two for total sum of Rs.1,69,173/-. The defendants failed to
pay balance amount of Rs.1,32,863/- inspite of various requests made
by the plaintiff and receipt of legal notices dated 01.12.2018. According
to the plaintiff on the date of the suit defendants are liable to pay
amount of Rs.1,91,372.66ps. Hence, plaintiff is constrained to file the
suit for recovery of the said amount. The total suit claim of the plaintiff
for Rs.1,91,372.66ps.
3. The suit summons were duly served on the defendants 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
defendants to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.1,91,372.66ps.
with interest
@ 18 % per annum.
2. What order and decree? As per final order.
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Judgment 3 Summ. Suit No.279/2019
REASONS
5. Mr. Shaji Jhon Legal Officer of the Plaintiff has file Affidavit in
Examination in chief in Evidence of the plaintiff on Exhibit-7. In order
to prove the case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents
9 Office copy of Power of Attorney dated 23rd June, 2010
10 Xerox Copy of Purchase order No.5522 and 22.03.2016
11 Invoice bearing no.16/05291 dated 12/04/2016
12 Invoice bearing no.16/09168 dated 07/05/2016
13 Sales ledger dated 01/04/2016 to 31/03/2017
14 Original notice
15 Original Postal Receipt
16 Original Reg A.D. Card
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-9 to 16
goes to establish that plaintiff has sold and delivered total goods worth
of Rs.1,69,173/-. to defendants. The documents further prove that the
amount of Rs..1,32,863/-. is due and payable to the plaintiff company
from defendants towards delivered of goods. But, defendants failed to
pay total amount of Rs.1,69,173/-. towards purchase of goods. The
documents at list Exhibit-9 to 16 goes to establish that defendants are
liable to pay Rs..1,91,372.66ps to the plaintiff on the date of filing of
the suit towards the purchase of goods and therefore the defendants are
avoid to pay the balance amount to the plaintiff. In this background, it
is held that plaintiff is entitled to recover sum of Rs.1,91,372.66ps. from
the defendants.
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Judgment 4 Summ. Suit No.279/2019
7. The plaintiff has claimed 18% 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 transaction is a commercial one and there is express
contract existing between the parties as to the rate of interest of 18%
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.1,32,563/-. 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.1,91,372.66ps. from the defendants
and interest at the rate of Rs.18% per annum from the date of filing of
the suit till its realization on the principal amount of Rs.1,32,363/-.
Plaintiff is also entitled to recover cost of the suit from the defendants.
Hence, in answered to point no.2, I proceed to pass the following
order :
: ORDER:
1. The defendants 1 and 2 shall jointly and severally pay
Rs.1,91,372.66ps.ps (Rs. Eighty Seven thousand sixty
rupees and forty three paise Only) to the plaintiff and
with interest at the rate of 18% per annum on
principal amount of Rs.1,32,363/- from the date of
filing of the suit till its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
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Judgment 5 Summ. Suit No.279/2019
(Smt. S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date : 02.03.2020 Gr. Bombay
Typed on : 02.03.2020
Described on : 02.03.2020
Signed on : 02.03.2020
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Judgment 6 Summ. Suit No.279/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
02.03.2020 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 02.03.2020
Order signed by P.O. on 02.03.2020
Order uploaded on 02.03.2020
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