Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 170/2018 1
Received on : 16012018
Registered on : 08022018
Decided on : 05102019
Duration : 1Y 07M 27D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.170 OF 2018
( CNR NO.: MHCC010008212018)
Poonam Pipes and Tubes Pvt. Ltd.
A Company incorporated under the
Companies Act, 1956 having its Registered
Office at 320, Sun Beam Building,
Krishna Bhavan, R. R. Road,
Charni Road (E), Mumbai400 004.
Through its Authorised Person
Shri Pradeep Kumar Phoolchand Mishra ...Plaintiff
Versus
Shri Vilas Pagare,
Age not known
Proprietor of kushal Engineering Works,
Having office at Gala No.B6, mandal Compund,
Road No.34, Behind J. B. Sawant bus Stop,
Wagale Industrial Estate, Thane (W)400606.
Email: kushlenggworks@rediffmail.com
Also at
B01, Oshiya Mata Compound, Reti Bunder Road,
Near Shivam Electrical, Kalher Villege,
Bhiwandi Road, Thane421 302 ...Defendant
Appearances:
Advocate Ram Dnyandeo Kutwal for the Plaintiff.
Defendants Exparte.
-- 1 of 5 --
SUMMARY SUIT 170/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 05th OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs. 19,09,889/(Rupees Nineteen
Lacs Nine Thousand Eight Hundred and Eighty Nine only).
2. Plaintiff case in nut shell is that pursuant to the orders of
defendant from time to time plaintiff sold, supplied and delivered goods
to defendant. The plaintiff has raised six invoices totaling of
Rs.16,12,458/. The defendant has made part payment of
Rs.3,90,000/. The defendant raised the issue of faulty goods but
retained the same. The defendant is in default of Rs. 19,09,889/
(Rupees Nineteen Lacs Nine Thousand Eight Hundred and Eighty Nine
only). Hence, this suit.
3. The defendant was served with summons for appearance but they
remained absent therefore, suit is proceeded exparte against them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
he has supplied goods to
defendant?
Yes
2. Whether plaintiff proves that
amount of Rs. 19,09,889/
(Rupees Nineteen Lacs Nine
Yes
-- 2 of 5 --
SUMMARY SUIT 170/2018 3
Thousand Eight Hundred and
Eighty Nine only) is due and
recoverable from defendant?
3. Whether plaintiff is entitled for
recovery of Rs. 19,09,889/
(Rupees Nineteen Lacs Nine
Thousand Eight Hundred and
Eighty Nine only) with interest as
claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Pradeep Kumar Pholchand, authorised
person, vide Exh.5 and filed board resolution, copies of emails , copies
of invoices, delivery challans, transport receipt, copy of minutes of
meeting, copy of demand notice, postal receipts, return back envelopes ,
ledger accounts and IT certificate.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The copies of emails ,
copies of invoices, delivery challans, transport receipt, copy of minutes
of meeting, copy of demand notice, postal receipts, return back
envelopes , ledger accounts and IT certificate shows that pursuant to
the orders of defendant from time to time plaintiff sold, supplied and
delivered goods to defendant. The plaintiff has raised six invoices
totaling of Rs.16,12,458/. The defendant has made part payment of
Rs.3,90,000/. The defendant raised the issue of faulty goods but
-- 3 of 5 --
SUMMARY SUIT 170/2018 4
retained the same. The defendant is in default of Rs. 19,09,889/
(Rupees Nineteen Lacs Nine Thousand Eight Hundred and Eighty Nine
only). As far as rate of interest is concerned plaintiff has prayed for
rate of 24% p.a. The said rate of interest is mentioned in invoices but
they are exorbitant and interest @ 18% p.a. will be just and proper.
Therefore, point No.1 to 3 is answered as 'Yes', point No. 4 is answered
as per final order and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs. 19,09,889/
(Rupees Nineteen Lacs Nine Thousand Eight Hundred and Eighty Nine
only) with interest @ 18% p.a. from the date of filing of the suit till full
and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 05/10/2019 City Civil Court,Gr. Bombay
Dictated on : 05/10/2019
Transcribed on : 07/10/2019
Signed on : 10/10/2019
-- 4 of 5 --
SUMMARY SUIT 170/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14/10/2019 at 4.30p.m. Mr. A. S. Sugdare
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
05/10/2019
Judgment/Order signed by P.O. on 10/10/2019
Judgment/Order uploaded on 14/10/2019
-- 5 of 5 --