Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010009442019 Presented on 21/01/2019
Registered on 03/06/2019
Decided on 01/08/2024
Duration 05Y: 06M: 11D
Exhibit 18
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 562 OF 2019
Chetana Publications, ]
(India), LLP, ]
at 4th floor, B Wing, Building E, ]
Trade Link, Kamala City, ]
Above, Bombay Canteen, ]
Lower Parel, Mumbai-13. ]...Plaintiff
V/s.
N. S. V. M., ]
Fulwari Convent, ]
Primary and Higher Secondary School, ]
Rani Durgawati Chouk, ]
Nagpur, Pin Code-440 022. ]...Defendant
Appearance:-
Ld. Advocate Madhuri Lakhani for the plaintiff.
Defendant absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 01/08/2024
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JUDGMENT
( Dictated and pronounced in open Court)
01. This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (CPC) for recovery of amount of Rs. 92,610/-
alongwith further interest.
Brief facts of the plaintiff’s case may be summarized as under:
02. The plaintiff is a registered company having its registered
office on the mentioned address in the title clause. The plaintiff is
rendering educational Services. The plaintiff has supplied Books to
defendant as mentioned in invoices as per purchase orders of
defendant. The defendant has received and acknowledged said goods
without any complaint for quality and quantity. The plaintiff has
supplied goods to the defendants time to time as per purchase order of
the defendants and accordingly raised Invoices to the tune of
Rs.92,610/- which was due and payable as on 13/04/2017. The
defendants failed to pay the amount against the said Invoices.
Therefore, legal notice was sent by registered post on 15/09/2017.
The said notice is received by the defendants, however failed to pay an
amount. The plaintiff is also entitled for interest at the rate of 18% p.a.
as per terms and conditions of invoices. Thus, plaintiff is entitled for an
amount of Rs. 92,610/- with interest and further interest. Hence, the
suit.
03. The writ of summons sent by Speed post to the defendant
is served on it. The plaintiff has filed affidavit of service at Exh. 7.
Despite service of the suit summons, the defendant has not caused its
appearance and therefore, the suit proceeded ex-parte against it by the
order dated 23/09/2022.
04. Further, on perusing contentions of the plaintiff and
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documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover amount of
Rs. 92,610/- from defendants?
If yes, at what rate interest?
Yes,
The plaintiff is entitled to simple
interest on the amount of
Rs. 92,610/- at the rate of 6% p.a.
from 21/01/2019 i.e. the date of
filing the suit till its full realization.
2. What order and decree? As per final order.
05. In support of claim, the plaintiff has filed affidavit of claim
of Mr. Shaji John, Legal Officer of plaintiff at Exh. 7 and reiterated his
contention in the plaint for recovery of Rs. 92,610/- along with the
further interest at the rate of 18% p.a. from defendant. The plaintiff
has filed and relied upon the following documents.
Sr.
No. Exhibit Particulars
1 Exh.9 Office copy of Invoice No.16/6505.01 dated
18.04.2016.
2 Exh.10 Office copy of Invoice No.16/6506.01 dated
18.04.2016.
3 Exh.11 Office copy of Invoice No.16/6503.01 dated
20.04.2016.
4 Exh.12 Office copy of Invoice No.16/6503.02 dated
13.05.2016.
5 Exh.13 Office copy of Invoice No.16/6505.02 dated
03.08.2016.
6 Exh.14 Copy of ledger account of the defendant from
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01.04.2016 to 31.03.2018.
7 Exh.15 Office Copy of notice dated 15.09.2017 from plaintiffs
advocate to the defendants.
8 Exh.16 Copy of letter dated 18.05.2018. (Exh-16)
R E A S O N S
As to points No. 1 and 2 :-
06. Learned counsel for the plaintiff argued that as per the
purchase order of the defendant, they supplied the goods to the
defendant. Further, plaintiff raised Invoices against the defendant,
however, they failed to pay the amount as claimed by the plaintiff. The
plaintiff has proved his contentions by oral and documentary evidence.
Therefore, plaintiff is entitled for recovery of amount along with
interest.
07. The plaintiff has reiterated the contentions in the plaint in
its evidence in affidavit at Exh. 7. It is the pleading of plaintiff and
also stated in evidence on affidavit that the plaintiff had supplied
educational goods to defendant as per their purchase orders. Further,
accordingly plaintiff raised invoices against defendant at Exh. 9 to 13
amounting to Rs. 92,610/-. The plaintiff has filed ledger account of
defendant at Exh. 14 to show that an amount of Rs. 92,610/- is due as
on 15/09/2017. On perusing said invoices, it appears that said
invoices bears signature and seal of defendant. Further, on perusing
said ledger account at Exh. 14, it appears that plaintiff has given credit
to defendant and balance amount is Rs. 92,610/-.
08. As defendant failed to pay an amount of goods to the
plaintiff, he had issued demand notice dated 15/09/2017 at Exh. 15 to
the defendant and he has filed office copy of the said notice on record.
It is pertinent to note that neither defendant appeared nor paid
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outstanding amount to the plaintiff. On the contrary, plaintiff has filed
letter dated 18/05/2018 at Exh.16 issued by defendant in favour of
plaintiff. On perusing said letter, it appears that defendant has
admitted liability of Rs. 92,610/- and agreed to repay said outstanding
amount. Even, otherwise defendant has not challenged the evidence of
plaintiff hence, it has remained unchallenged. Thus, on perusing oral
and documentary evidence of the plaintiff, I am of the view that
plaintiff has proved his contentions that an amount of Rs. 92,610/- is
outstanding against the defendant. Thus, defendant is liable to pay the
outstanding amount to the plaintiff with interest. Therefore, I am of
the view that plaintiff has proved his case.
09. So far as prayer of interest on the said amount is
concerned, the plaintiff has claimed 18% p.a. interest on the said
amount as per terms in invoice. However, on perusal of the section 34
of the Civil Procedure Code, "
Where and in so far as a decree is for the
payment of the money, the Court may, in the decree, ordered interest
at such rate as the Court deems reasonable to be paid on the principal
sum adjudged, from the date of the suit to the date of decree, in
addition to any interest adjust on such principal sum for any period
prior to the institution of the suit, with further interest at such rate not
exceeding 6% p.a., as the Court deems reasonable at such principal
sum, from the date of decree to the date of payment, or to such earlier
date as the Court deems fit". The rate of interest claimed by the
plaintiff is excessive. Therefore, I am of the view that plaintiff is
entitled for interest at the rate of 6% p.a. on the outstanding amount
of Rs. 92,610/- from the date of instituting the suit i.e. 21/01/2019 till
its realization. Hence, I answer point No. 1 in the affirmative. In the
result, I answer to point No. 2, I proceed to pass the following order.
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O R D E R
1] The Summary Suit No. 562 of 2019 is decreed with costs.
2] The defendant shall pay to the plaintiff an amount of
Rs. 92,610/-(Rupees Ninety Two Thousand Six Hundred and
Ten only).
3] The plaintiff is entitled to simple interest on the amount of
Rs. 92,610/- at the rate of 6% p.a. from 21/01/2019 i.e. the
date of filing the suit till its full realization.
4] The plaintiff may be entitled to get refund of the court-fees paid
by them, if any provided for in rules.
5] The decree shall be drawn accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai.
Dated: 01/08/2024 Court Room No.81
Dictated on: 01/08/2024
Corrected & signed on: 05/08/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/08/2024 at 5.35 p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 01/08/2024
JUDGMENT/ORDER signed by P. O. on 05/08/2024
JUDGMENT/ORDER uploaded on 05/08/2024
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