Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.S.No.1392018 1 Exh
Lodged on 08/01/2018
Decided on 04/07/2022
Duration on 04Ys.05Ms.26Ds.
MHCC010008082018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.139 OF 2018
M/s.Chetana Book Depot,
a partnership firm, having its
registered office at 263C,
Khataau Wadi, Behind Central
Cinema, Goregaonkar Lane,
Girgaon, Mumbai 400 004 …Plaintiff
V/s
1. Sant Kabir Public School
Industrial Area, Sant Kabir Nagar,
Khalilabad, Uttar Pradesh 272175
2. Surbhan Singh
C/o. Sant Kabir Public School
Industrial Area, Sant Kabir Nagar,
Khalilabad, Uttar Pradesh 272175 ...Defendants
Appearance:
Ld.Counsel Sudhakar G.Lakhani for plaintiff.
DefendatExparte.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 04th July, 2022 C.R.NO.15
JUDGMENT
This is suit by unpaid seller seeking to recover amount
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Sum.S.No.1392018 2 Exh
from the purchaser.
The contention of the plaintiff is proved is as follows.
2. Plaintiff is in business of supply educational books. As per
order placed by the defendant, the plaintiff supplied books
during the period from April 2015 to April 2016. Total amount
of bill was 3,62,734/. Invoices inter alia provides that for
payment made after 30 days. Plaintiff would be entitled to
interest at the rate of 18% p.a. Defendants made payment of
Rs.1,14,500/ and also returned goods worth of Rs.1,18,248/.
Plaintiff entitled to recover balance amount of Rs.1,24,628/.
The plaintiff had called upon the defendant to pay amount with
interest. However, defendant did not pay the amount. The
plaintiff is seeking to recover amount of Rs.1,61,012/ with
interest.
3. Writ of summons was issued to the defendant. My
predecessor by her order dtd.21/9/2021 ordered to issue fresh
summons. Despite service of summons defendant failed to
remain present. Hence, the suit is therefore proceed exparte
against defendant.
4. The plaintiff is relying upon the affidavit of his claim and
following documents. Credit Invoice dtd.9/4/2016 Exh9, Office
copy of notice dtd.4/9/2017 Exh12. As the matter is proceeded
exparte, the averments made by the plaintiff as well as contents
of claim affidavit supported by documents on record has gone
unchallenged. There is no impediment in relying upon the
same. On the basis of averments and claim affidavit the plaintiff
has proved that they had supplied goods to the defendant and
defendant is liable to pay amount of Rs.1,61,012/ to the
defendant with includes amount of Rs.1,24,628/ towards the
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Sum.S.No.1392018 3 Exh
amount for unpaid goods and additional amount towards
interest. The contractual rate of interest is on the higher side.
Considering the lending rates of Nationalized Banks it would be
appropriate that the plaintiff is allowed interest at the rate of 9%
p.a. on the principal sum. Following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is hereby ordered and directed to pay an
amount of Rs.1,61,012/ to the plaintiff within a period of
three months together with interest at the rate of 9% p.a.
an amount of Rs.1,24,628/ from the date of suit till
realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded as per Bombay City Civil Court
Rule.
Date : 04/07/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 04/07/2022
Transcribed on : 06/07/2022
HHJ Signed on :
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Sum.S.No.1392018 4 Exh
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/07/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
04/07/2022
JUDGMENT/ORDER signed by P.O.
on
06/07/2022
JUDGMENT/ORDER uploaded on 06/07/2022
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