Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Suit No.226/2020
MHCC010009982020 Presented on : 23/01/2020
Registered on : 20/02/2020
Decided on : 26/02/2024
Duration : 04Y 01M 05D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT-13
SUMMARY SUIT NO.226 OF 2020
(CNR NO.MHCC01-000998-2020)
MR. SHUBHAM S/O PRAKASH CHAND ABHANI,
Carrying on business in the name and style of
M/s. Yashraj Fabrics as Proprietor thereof at 26/28,
Champa Gali X Lane, Above Pankaj Market, 1st Floor,
Room No. 8, Behind M. J. Market, Mumbai - 400 002.
]
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] ..Plaintiff
V/S.
NATHMAL BHIMRAJKA,
Prop. Of M/s. Harsh Enterprise, carrying on
business at 19, Synagogue Street, City Center, 2nd
Floor, Room No. 243, P.O..G.P.O. P.S.Burrabazar,
Kolkata - 700 001. And residing at 12/1/9,
Manohar Pukur Road, P.O.Kalighat, P.S.Tollygunge,
Kolkata - 700 026.
]
]
]
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]
]
] ..Defendant
Appearance :-
Learned Advocate Prakash Jain for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 26/02/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount,
contending that the plaintiff and defendant are proprietors and
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..2.. Summary Suit No.226/2020
carrying on business. It the case of plaintiff that in pursuant to the
orders place by defendant, the plaintiff sold and supplied cloth goods/
materials
(hereinafter referred to as “goods”) to the defendants and
raised invoice bearing No.00111 dated 27/01/2017 of Rs.71,725/-.
The defendant received the goods supplied and did not at no point of
time raise any grievance or dispute with regards to the quality of the
goods. It is also contended that defendant had agreed to make
payment within 30 days from the date of invoice and in default to pay
interest at the rate of 18% per annum. The plaintiff states that time
and again it demanded the amount from the defendant, but it failed
and neglected to pay. Consequently, the plaintiff has issued notice to
the defendant calling upon it to pay the amount, but in vain. As the
defendant failed to pay the due amount under the invoice, the plaintiff
filed the instant suit for recovery of amount with interest at the rate of
18% per annum.
2 In response to the suit summons, the summons was served
upon the defendant, but it failed to appear before the Court. Hence,
suit proceeded ex-parte against the defendant as per the order in
roznama dated 20/06/2023.
3 In order to substantiate the contentions, the authorised
person of plaintiff has tendered claim affidavit (Exhibit-06) and
relying on various documents (Exhibit-08 to 11) under list (Exhibit-
07). Heard learned advocate for plaintiff.
4 The evidence of authorised person of plaintiff remain
unchallenged. The record discloses that the plaintiff has raised invoice
No.00111 (Exhibit-08) dated 27/01/2017 of Rs.71,725/-.
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..3.. Summary Suit No.226/2020
Inconsequence of failure to respond to the legal notice (Exhibit-09)
and to pay the due amount, it appears that the plaintiff has established
its claim for recovery of due amount of Rs.71,725/- under the invoice.
5 The omission on the part of the defendant to proceed with
the suit and to raise defence shows that the defendant has no good
defence to challenge the claim of plaintiff and as per the provisions of
Order XXXVII Rule 2(3) of the Code of Civil Procedure, plaintiff is
entitled for decree of due amount under the invoice.
6 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, it would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from date of default of invoice i.e.
17/01/2020, till its full realisation.
7 As the defendant has made plaintiff constrained to file the
suit, it is also liable to pay the costs. In the result, I proceed to pass the
following order :-
ORDER
1. Summary Suit No.226 of 2020, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.71,725/- alongwith interest at the rate of 9% per
annum from 17/01/2020, till its full realisation from
the defendants.
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3. Court fees, if any, be refunded as per rule.
4. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
sd/-
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Mazgaon, Mumbai
Dated : 26/02/2024 C.R. No.84
Typed on : 26/02/2024
Signed on : 26/02/2024
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“Certified to be true and correct copy of the original signed order”.
27/02/2024
at about 12.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 26/02/2024
Order signed by Hon'ble Judge on : 26/02/2024
Order uploaded on : 27/02/2024
at about 12.30 p.m.
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