Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.236/2018
Received on : 16.01.2018
Registered on : 20.02.2018
Decided on : 17.01.2019
Duration : Y M D
01 00 03
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 236 OF 2018
CNR NO.: MHCC010008222018
Exh.14
M/s. Ventura Corporation ]
having office address at Jeevandeep CHS, ]
Baburan Parulekar Marg, Off. Bhavani Shankar Road, ]
Dadar (West), Mumbai : 400 016 ]
Through its Partner CHIRAG BHARAT SHAH ]...Plaintiff.
Versus
REVATHI TEXTILES AND READYMADE ]
Shop Nos. 36 and 38 ]
Madhavaram High Road ]
Terambur, Chennai : 660011 ]
Tamil Nadu ]...Defendant.
Appearances:
Advocate Mr. Jeetendra Ranawat for the plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 17th JANUARY, 2019.
[ J U D G M E N T ]
Plaintiff case in short are as under :
1. Plaintiff is the partnership firm registered under the provisions of
Partnership Act, 1931 and defendant on 10.04.2015 and 09.05.2015
placed an order of goods to plaintiff and accordingly plaintiff sold,
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supplied and delivered goods vide their tax invoices for sum of
Rs.2,60,712/ and Rs.8,98,447/ respectively and for the sum of
Rs.3,50,141/ aggregating to the sum of Rs.15,09,300/. Plaintiff has
further stated that time to time, defendant paid the amount of
Rs.2,00,873/ via cheques for the invoices bearing No.00014 to the sum
of Rs.2,60,712/. Plaintiffs have given 5% discount on the said invoice
bearing No. 000014. However, defendant owes the balance amount of
Rs.46,803/. Plaintiff has further stated that defendant had paid for the
remaining invoices bearing Nos. 000015 by cheque and 000049 by
credit note. Plaintiff asserts that the plaintiffs have received the amount
for the last two invoices and the balance amount is due and payable for
the first invoices. Plaintiff has stated that he repeatedly informed
defendants to pay the balance amount due and payable, but defendant
failed to pay the balance amount. Therefore, plaintiff filed present suit.
2. It appears defendant failed to appear in the suit, therefore,
matter has proceeded exparte against him.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.66,460/ from
defendant along with interest @ 21%
p.a. on the principal amount of
Rs.46,803/ from the date of filing of
the suit till its realisation ?
...Partly in the
affirmative.
2. What Order ? ...As per final order
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REASONS
5. Plaintiff has filed evidence in the form of affidavit of
Chandanben Bharat Shah (P.W.1) below Exh.7. Plaintiff relied upon the
following documents as documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Dated 10.4.2015 & 09.05.2015, Tax invoices
2. Exh.10 Dated 11.04.2015, Lorry Receipt.
3. Exh.11 Dated 14.09.2017, Ledger Account of the
defendant by the plaintiff.
4. Exh.12 Dated 16.10.2017, Office copy of plaintiff 's
Advocate Notice.
5. Exh.13 Copy of acknowledgement Card.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has adduced evidence of Chandanben Bharat Shah
(P.W.1). Chandanben Bharat Shah (P.W.1) has stated in his evidence
filed in the form affidavit is that he is partner of plaintiff. He has further
stated that defendant on 10.04.2015 and 09.05.2015 have placed order
of the said goods to plaintiffs. Plaintiffs dispatched the said goods to
deliver the defendants address. Plaintiffs have sold, supplied and
delivered goods vide their tax invoices bearing No.000014 and 000015
dated 10.04.2015 for the sum of Rs.2,60,712/. He has further stated
that the said goods were delivered through transport namely “MUMBAI
TRANSPORTS” on 10.04.2014 and 11.04.2014 vide L.R. No.018400
and 018408. He further stated on instructions of the defendant, the
goods were delivered through “MUMBAI TRANSPORTS” at the address.
He has further stated that upon delivery of the goods, defendants have
accepted the said goods without any grievances and have never raised
dispute with respect to quality, quantity or whatsoever. He has further
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stated that the defendants were abided by the conditions imprinted on
the invoices as well as agreed on the contractual rate of interest on
delay payment. He has further stated that under the invoices it is clearly
mentioned, on default of payment, the defendant shall pay 21% interest
and the same has been concealed to. He has further stated that time to
time defendant have make the payment via cheques, the said amounts
have been adjusted by the plaintiff. He has further stated that on
plaintiffs instructions, on 17.10.2017, the plaintiffs Advocate sent
demand notice to the defendants whereby call upon to pay the amount
of Rs. 57,450/ within 10 days from the receipt of the notice. He has
further stated on instructions his Advocate drafted and sent the notice
to the defendant. He has further stated that defendants have accepted
the demand notice on or 21.10.2017 but defendants have failed to reply
the same or make the payment which is due and payable under the
invoice. He has further stated that the plaintiffs Advocate received the
acknowledgement card which indicates that the demand notice has
been served upon defendants and defendants have admitted the
demand therefore the defendants have not reply to the said notice till
date. He has further stated that the defendant and or has staff have
accepted the notice and signed on acknowledgement card. He has
further stated that defendant failed to reply to the notice. He has
further stated that it is deemed that the defendants have accepted the
claim of the plaintiffs. He has further stated that the defendant owes the
sum of Rs.46,803/ payable under the invoices and interest @ 21% to
the sum of Rs.19,657/ from 01.04.2016 till filing of the suit which is
aggregating to the sum of Rs.66,460/ and further interest @ 21% from
filing of the suit till realization of the amount.
7. Plaintiff has adduced Tax Invoice which mentions that, interest
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@ 21% p.a. will be charged, if payment is not made within due date. It
appears plaintiff has adduced Lorry receipt and Ledger Account of
defendant maintained by plaintiff. It appears that all the averments in
the plaint and oral and documentary evidence lead by plaintiff has
remained unchallenged by defendant. The oral evidence of plaintiff is
corroborated by documentary evidence. Therefore, plaintiff has proved
that he is entitled to get amount due with interest which comes to
Rs.66,460/ from defendant.
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.46,803/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs. 66,460/ to plaintiff
along with interest @ 9% p.a. on the principal sum of Rs.46,803/
from the date of filing of the suit till realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 17.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 17.01.2019
Transcribed on : 17.01.2019
Signed on : 17.01.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
23.01.2019 At 5:48 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
17.01.2019
Judgment/Order signed by P.O. on 17.01.2019
Judgment/Order uploaded on 23.01.2019
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