Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 396/2020. 1 Ex-parte Judgment.
MHCC010009882020
Presented on : 21-01-2020
Registered on : 17-02-2020
Decided on : 09-04-2021
Duration : 1 years, 2 months, 19 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 396 OF 2020
Exh.19.
Surchem MV Chemicals Private Limited )
registered under the Indian Companies Act, )
1956, having its administrative office at 115, )
Mittal Chambers, 228, Nariman Point, )
Mumbai – 400 021 )...Plaintiff
Versus
M/s. Kaiser Industries Limited )
registered under the Indian Companies Act, )
1956, having its registered office at B2/204, )
Shivam House, Karampura Commercial Complex, )
New Delhi – 110 015 and also having an office at )
Rs No.11/P, Old N/H – 8b, Village Bamanbore, )
Taluka Chotila, District: Surendranagar–365520, )
Gujarat and Administrative office at 371A, )
M.I.E., Bahadurgarh – 124 507, Haryana )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 9th APRIL, 2021.
Ms. Kavita Shah, Advocate for Plaintiff.
None for Defendant. (Exparte ).
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Comm.Suit No. 396/2020. 2 Ex-parte Judgment.
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.11,34,490/ (Rupees Eleven
Lakhs Thirtyfour Thousand Four Hundred Ninety Only) with interest at
the rate of 18% p.a. on principal amount i.e. Rs.9,21,600/ (Rupees
Nine Lakhs Twentyone Thousand Six Hundred Only). The suit is based
on agreement, invoices and delivery challan.
Plaintiff's case is narrated as follows :
2. Plaintiff is a private limited company. Defendant is a public
limited company. Plaintiff and defendant entered into an agreement on
High Seas Sale Basis dated 20/02/2017 for High Sea Sale of
Naphthalene Sulforate (5% sulfate). The original agreement is in the
custody of defendant. It was submitted by the defendant to the
Department of Customs at Mundra Port. It was agreed to supply the
aforesaid chemical of 25,600 kg. to the defendant. In view of various
terms mentioned in para 3 of the plaint, Octroi, clearing charges and
custom clearance was paid by the buyer/defendant. As agreed between
them, plaintiff has imported the chemicals from Foscote Enterprises
Inc., British Virgin Islands on 12/01/2017 and directly delivered from
Mundra Port to the defendant in March, 2017. As agreed between
them, defendant has paid all types of charges and dues and accepted
the delivery on 8th and 9th March, 2017 directly from Mundra Port.
3. Plaintiff has raised the invoice bearing No. 097 on
20/02/2017 for Rs.9,21,600/ (Rupees Nine Lakhs Twentyone
Thousand Six Hundred Only). Till date defendant has not raised any
objection in respect of quality and quantity. Plaintiff has demanded the
amount vide letters dated 02/04/2018, 12/05/2018 and 15/05/2018.
Lastly, plaintiff has issued a legal notice on 12/09/2018. Defendant is
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Comm.Suit No. 396/2020. 3 Ex-parte Judgment.
failed to repay the amount. Hence, this suit.
4. Defendant is failed to appear before preinstitution
mediation.
5. In view of service affidavit vide Exh.2, defendant has
refused to accept the summons. Hence, suit is proceeded exparte.
6. Plaintiff has examined one witness vide Exh.5 and closed
the evidence vide Exh.18. PW 1 Mihir Amin deposed before the Court
vide Exh.5. In view of testimony of PW 1, relevant documents are
marked vide Exh.7 to 17. Perused invoices, bill of lading, shipment
receipts vide Exh.8 to 13. Plaintiff has issued three letters vide Exh.14
to 16 in April and May, 2018. Lastly, plaintiff has issued a legal notice
through advocate on 12/09/2018 vide Exh.17.
7. Absence of defendant infers that he admits the suit claim.
As defendant has paid delivery charges, custom duty etc., there is no
doubt that defendant has received the delivery as aforesaid chemical
came to be imported by the plaintiff. In short, it deserves to decree the
suit.
8. However, the interest at the rate of 18% p.a. appears to be
exorbitant. Considering commercial transactions between the parties,
interest at the rate of 12% p.a. from the date of suit finds appropriate.
Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay the amount of Rs.11,34,490/ (Rupees
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Comm.Suit No. 396/2020. 4 Ex-parte Judgment.
Eleven Lakhs Thirtyfour Thousand Four Hundred Ninety
Only) with interest on principal amount i.e. Rs.9,21,600/
(Rupees Nine Lakhs Twentyone Thousand Six Hundred
Only) @ 12% p.a. from the date of suit till realization,
within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 09/04/2021. Mumbai.
1. Dictated on : 09/04/2021.
2. Transcribed on : 06/05/2021.
3. Signed on : 06/05/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/05/2021. 10.51 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 09/04/2021.
Judgment/Order signed by P.O. on 06/05/2021.
Judgment/Order uploaded on 07/05/2021.
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