Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: CS No. 728 /2021
SGS Vs. Colorlines
Judgment 1 of 5
MHCC010009102018 Lodged on : 16.01.2018
Admitted on : 07.09.2018
Decided on : 17.06.2026
Duration : 08 Y : 05 M : 01 D
Exhibit : 17
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
COMMERCIAL SUIT NO.728 OF 2021
M/s. SGS India Pvt. Ltd.
a body corporate, constituted under the Companies
Act, 1956, having its registered office at S.G.S.
House, 4-B, Adi Shankaracharya Marg, Vikroli,
Mumbai 400083. Through its authorized
representative Mr. Chohocklingam M. Chettiar. Plaintiff
VERSUS
1. Colorlines Clothing Pvt. Ltd.
2. Mr. Adil Katrak, Age Adult
3. Mr. Madan Kumar, Age Adult
All having address at # 330/3, 3rd main, 7th cross,
Domlur Layout, Bangalore-71. Defendants
Appearance :
Adv. Vijay B. Chavan : For Plaintiff.
Ex-parte : Defendants
CORAM : N. B. LAVTE, (C.R.No.31)
DATE : 17.06.2026
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JUDGMENT
(Delivered on this 17th day of June, 2026)
This suit is filed for recovery of Rs.17,26,083/- with 18%
p.a on principal amount of Rs.15,00,942/-. The suit is filed through
authorized representative Mr. Chohocklingam M. Chettiar.
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In short, it is the case of plaintiff that:
2. The plaintiff is a company registered under the Companies
Act, 1956 and carries on business of Inspection, Verification, Testing and
Certification of products, systems, services in various industries since
last 50 years. The defendant No.1 is a company registered under the
Companies Act and the defendant Nos.2 and 3 are its Directors. On the
request of defendants, the plaintiff had provided the service of testing of
samples. Pursuant to the services provided they raised various invoices
(207) from time to time in favour of the defendants. The defendants did
not raise any dispute in respect of services provided but neglected to
make payment for the services availed.
3. It is further case of plaintiff that defendants exchanged several
email correspondence wherein by email Dt. 24.04.2017 they agreed to
release a portion of the outstanding amount, but failed. The plaintiff
issued reminders Dt.12.04.2017 and 28.04.2017 in respect of the
outstanding amount payable. As defendants failed to repay the amount,
Legal Notice Dt.30.05.2017 was issued calling upon the defendants to
pay due amount of Rs.15,00,942/- with 18% p.a. As it was not complied
with, hence, suit.
4. The defendants were duly served by way of paper publication
vide affidavit of service Exh.5. As they failed to appear, hence by an
order Dt.15.03.2024 the suit was directed to proceed ex-parte.
5. From the pleadings of plaintiff, following points arise for my
consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Is plaintiff entitled for recovery of an amount of
Rs.17,26,083/- with 18% p.a on principal amount of
Rs.15,00,942/- from defendants?
Affirmative
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SGS Vs. Colorlines
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2. What order and decree? As per final
order.
REASONS
6. In order to substantiate its claim, plaintiff filed evidence
affidavit of its authorized representative namely Mr. Chohocklingam M.
Chettiar vide Exh.7 and also placed reliance on following documents
namely Certificate U/sec. 65-B of the Indian Evidence Act (Exh.11), List
of invoices (Art.A), Copies of 207 Invoices (Exh.13 colly), Copy of
Notice Dt.30.05.2017 (Exh.14), certified copy of Resolution (Exh.15).
Plaintiff filed evidence closure pursis vide Exh.16.
AS TO POINT NO.1.
7. Heard Adv. Chavan for plaintiff. Gone through the documents
filed on record. The 207 invoices (13 colly) reveals the services
provided by plaintiff thereby raising the above invoices. The invoices
are from 06.06.2016 to 11.03.2017. According to plaintiff, the
defendant company failed to make the payment of Rs.15,00,942/- for
which legal notice Exh.14 was issued. No any reply was given nor the
amount was paid, hence suit came to be filed.
8. The plaintiff company examined Mr. Chohocklingam M.
Chettiar vide Exh.7. As the suit proceeded ex-parte, the pleadings,
evidence affidavit and the documents filed on record have gone
unchallenged. Thus, the suit is deemed to be admitted. Therefore,
considering the unchallenged pleadings, evidence and the documents
filed on record, plaintiff company prove there is an outstanding amount
of Rs.17,26,083/- which they are entitled to recover from defendants.
As far as the rate of interest, plaintiff claimed 18% on principal amount
from 11.01.2018 and 21% on decreetal amount. Though the transaction
is commercial in nature, however, I am of the view that 18% p.a on the
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principal amount would be reasonable rate of interest. Hence, point
No.1 is answered in the affirmative.
9. In the result, I proceed to pass following order.
ORDER
1. The Commercial Suit No.728 of 2021 is decreed with costs.
2. The defendant company is directed to pay to plaintiff company an
amount of Rs.17,26,083/- (Rs. Seventeen Lakhs Twenty Six
Thousand and Eighty Three only) with 18% p.a on principal
amount Rs.15,00,942 /- from the date of the filing of the suit till
realization.
3. The decree be drawn up accordingly.
4. The Court fee be refunded as per rules.
5. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.31)
Dt.: 17.06.2026 City Civil Court, Mazgaon,
MUMBAI
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SGS Vs. Colorlines
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
17.06.2026 5.45 p.m. Prachi Y. Potdar
Stenographer - Grade I
Name of the Judge HHJ Shri. N. B. Lavte
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
17.06.2026
Judgment/order signed by P.O on 17.06.2026
Judgment/order uploaded on 17.06.2026
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