Final Order 1

Order Details: Ex-parte Judgement
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MHCC010008252020
Presented on : 18122019
Registered on : 21012020
Decided on : 25032021
Duration : Y1 M03 D7
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO.44 OF 2020
Livint Technologies Private Limited ]
A company incorporated under the provisions ]
of the companies Act 1956 having registered ]
office at, 301, Symphony, Plot No. 549, 11th ]
Road Chembur Mumbai400071 ]
Through Mr. Ramakantan Subramanian ]...Plaintiff
V/s
M/s. Pearl Enterprises ]
S.No 37/4 Zende Complex, Shree Nagar ]
Near Purohit Hospital, Last Bus stop, ]
Dhanakawadi, Pune 411 043 ]..Defendant
APPEARANCE:
Ld. Adv. Ausgre Carvalho for plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 25th March, 2021.
Claim : Suit for recovery of Money.
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EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree
directing the defendant to pay to the plaintiff the amount of
Rs.9,74,794.00 (Rupees Nine Lakh Seventy Four Thousand Seven
Hundred and Ninety Four Only) with further interest at the rate of 24%
per annum on the principal sum of Rs.6,49,863.00 (Rupees Six Lakhs
Forty Nine Thousand Eight Hundred Sixty Three) from the date of the
suit till realization.
2. The facts giving rise to the suit in short can be stated as
follows:
It is the case of the plaintiff that defendant had placed oral
purchase order for various electronic/electrical products manufactured
and supplied by the plaintiff. The plaintiff after supplying of the goods
had raised invoices upon the defendant. The running account was
opened by the plaintiff through defendant. The plaintiff had placed oral
orders for supply of solar pump controllers and solar off grid invertors
in between July 2016 to March 2017, for total value of Rs.8,49,863/.
The plaintiff had raised the following invoices:
Sr.
No.
Invoice No. Date Description/quantity Amount
(Rs)
1 20161780048 08.07.16 350w solar inverter
Livint make Firestar
series/01
10,625.00
2 20161780051 16.07.16 0305HP Solar Pump
Controller Livint make
Firestar series/02
72,500.00
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3 20161780059 29.07.16 01/HP Solar Pump
Controller Livint make
Firestar series/06 05
HP Solar Pump
Controller/01 03KW
solar inverter /01
350KW Solar inverter /
01
2,90,788.00
4 201161780061 30.07.16 0102 HP Solar Pump
controller Livint make
Firestar series/02
72,500.00
5 20161780065 10.08.16 10. KVA Solar off grid
Inverter PCU Livint
make Firestar series/01
1,24,250.00
6 20161780066 10.08.16 05 HP Solar Pump
Controller/02; 03 HP
Solar Pump
Controller/01;0102 HP
Solar Pump Controller
Livint make Firestar
series/01
1,39,500.00
7 201617780209 31.03.17 12 HP Solar Pump
Controller Vivitar make
1,36,200.00
Total 8,49,863.00
3. The goods were accepted by the defendant. The defendant
did not raise any objection regarding quality and quantity of the goods.
The payment after due date was to be charged at the rate of 24% p.a.
After delivery of goods the defendant was avoiding the plaintiff for
making the payments. The defendant had wrote email dated
28.02.2017 to the plaintiff. Vide email dated 28.02.2017 the liability
was admitted by the defendant to make the payments. The defendant
had demanded statement of account for the period 01.04.2016 to
20.03.2017. The account of the defendant maintained by the plaintiff
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showed balance of Rs.6,49,863.00. The defendant had neglected to
make the payment. Therefore the plaintiff had issued legal notice to the
defendant dated 31.08.2018. The notice was not accepted by the
defendant. The plaintiff, therefore, had instituted the present suit for
recovery of amount of Rs.9,74,794.00 with further interest at the rate of
24% per annum on the principal sum of Rs.6,49,863.00 from the date
of the suit till realization.
4. The defendant had not appeared in the suit. The suit
proceeded exparte against defendant.
5. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of amount of Rs.9,74,794.00
with further interest at the rate of 24%
per annum on the principal sum of
Rs.6,49,863.00 from the date of the suit
till realization?
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
6. Heard learned Advocate Ausgre Carvalho for the plaintiff.
7. The plaintiff in support of its case had examined Mr.
Ramakantan Subramanian at Exh.09. He had reiterated all the
contentions raised by him in the plaint. The plaintiff had relied upon
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following documents (Exh.10):
Sr. No. Particulars Exh.
1 Tax Invoice No. 20161780048 dtd.08.07.2016 11
2 Tax Invoice No. 20161780051 dtd.16.07.2016 12
3 Tax Invoice No. 20161780059 dtd.29.07.2016 13
4 Tax Invoice No. 201161780061 dtd.30.07.2016 14
5 Tax Invoice No. 20161780065 dtd.10.08.2016 15
6 Tax Invoice No. 20161780066 dtd.10.08.2016 16
7 Tax Invoice No. 20161780209 dtd.31.03.2017 17
8 Statement of Ramakantan Subramanian
dtd.31.08.2020 to Turbhe Police Station and
panchanama dtd. 01.09.2020
18
9 Email dtd. 27.02.2017 of the plaintiff A/w
Certificate U/s 65 B of Evidence Act
19
10 Email dtd.28.02.2017 of the defendant.
Certificate U/s 65B of Evidence Act
20
11 Email dtd.20.03.20217 exchanged between the
defendant and plaintiff. Certificate U/s 65 B of
Evidence Act
21
12 Legal Notice dtd.31.08.2018. 22
13 Postal receipt 23
14 RPAD packet returned 24
15 Email of Advocate dtd.09.10.2018. Certificate
U/s 65B of Evidence Act
25
16 Ledger Statement for the period from 1.4.16 to
02.06.2017 a/w Certificate u/s 65B of Evidence
Act.
26
17 Resolution Dt.03.01.2019 Authority letter of
Mr.Aramakantan Subramanian (Plaintiff)
27
8. The evidence of the witness for the plaintiff PW No.1
Ramakantan Subramanian shows that the following invoices were
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raised by the plaintiff in favour of the defendant.
Sr.
No.
Invoice No. Date Description/quantity Amount
(Rs)
1 20161780048 08.07.16 350w solar inverter
Livint make Firestar
series/01
10,625.00
2 20161780051 16.07.16 0305HP Solar Pump
Controller Livint make
Firestar series/02
72,500.00
3 20161780059 29.07.16 01/HP Solar Pump
Controller Livint make
Firestar series/06 05
HP Solar Pump
Controller/01 03KW
solar inverter /01
350KW Solar inverter /
01
2,90,788.00
4 201161780061 30.07.16 0102 HP Solar Pump
controller Livint make
Firestar series/02
72,500.00
5 20161780065 10.08.16 10. KVA Solar off grid
Inverter PCU Livint
make Firestar series/01
1,24,250.00
6 20161780066 10.08.16 05 HP Solar Pump
Controller/02; 03 HP
Solar Pump
Controller/01;0102 HP
Solar Pump Controller
Livint make Firestar
series/01
1,39,500.00
7 201617780209 31.03.17 12 HP Solar Pump
Controller Vivitar make
1,36,200.00
Total 8,49,863.00
9. It is the evidence of the plaintiff that after receipts/delivery
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of goods, the defendant had not raised any objection about quality and
quantity of the goods. The evidence of the plaintiff shows that the
defendant had failed to repay the amount to the plaintiff. The evidence
of the plaintiff also shows that inspite of demands, the payment is not
made by the defendant. The plaintiff was informed by the defendant
that his payment was stuck with the other office and would be released
soon. It did not reflect the intent of the defendant to pay the amount.
The defendant had also asked for statement of accounts to the plaintiff
by Email dated 20.03.2017 (Exh.21). The defendant impliedly did not
dispute its liability.
10. The defendant had not appeared in the suit and had not
contested the suit. The defendant was served with suit summons. The
defendant refrained from appearing in the Court and contesting the
suit. The defendant by his absence led to an inference that it has no
grounds to raised against the allegations made by the plaintiff in the
plaint.
11. The plaintiff had primafacie show that he had supplied
electronic/electrical material to the defendant. The plaintiff accordingly
had raised invoices. The goods were accepted by the defendant but the
payment was not made by him. There is exchanged of email in respect
of payment. The defendant also had demanded statement of account to
the plaintiff. The evidence of the plaintiff have gone unchallenged. The
invoices show that the interest was to be charged at the rate of 24% p.a.
if the payment is not made on date. The interest on payment at the rate
of 24% p.a. is agreed rate of interest between the plaintiff and
defendant.
Considering that the transaction is commercial, it would be
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appropriate to direct the defendant to pay to the plaintiff a sum of
Rs.9,74,794.00. The defendant further be directed to pay to the
plaintiff the interest at the rate of 24% p.a. on the principal amount of
Rs.6,49,863.00. from the date of filing of suit till its realization.
Hence, I answered point No. 1 “in Affirmative.” In the
result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to the plaintiff a sum of
Rs.9,74,794.00 (Rupees Nine Lakh Seventy Four Thousand Seven
Hundred and Ninety Four Only). The defendant is further directed to
pay to the plaintiff the interest at the rate of 24% p.a. on the principal
amount of Rs.6,49,863.00 (Rupees Six Lakhs Forty Nine Thousand
Eight Hundred and Sixty Three Only) from the date of filing of suit till
its realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date:25.03.2021 Gr.Bombay at Mumbai.
Dictated on : 25.03.2021
Transcribed on : 06.04.2021
Signed by H.H.J.on : 07.04.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.04.2021 at 1.40 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
25.03.2021
Judgment/order signed by P.O. on 07.04.2021
Judgment/order uploaded on 20.04.2021
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