Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Comm. Suit No.4202020
MHCC010010602020 Presented on : 22/01/2020
Registered on : 04/03/2020
Decided on : 24/08/2022
Duration : 2Y/5M/20D
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT No.420 OF 2020
Laxmiraj Distributors Private Limited
having their Branch office at Shop No.9,
Shyamla Bhavan, Dr. Deshmukh Lane, 141,
Nanubhai Desai Road, Mumbai400004
Through Mr. Pavan Kumar Sanghvi. ...PLAINTIFF
VERSUS
1. M/s. Chamunda Engineering
A partnership firm having its address at Plot
No.105(ALINDRA)GIDC, Manusar Savali,
Vadodara, Gujrat, Pin Code391 775.
2. Mr. Shankar Patel
Partner of M/s. Chamunda Engineering,
Plot No.105(ALINDRA)GIDC, Manusar Savali,
Vadodara, Gujrat, Pin Code391 775.
3. Mr. Chetan Patel
Partner of M/s. Chamunda Engineering,
Plot No.105(ALINDRA)GIDC, Manusar Savali,
Vadodara, Gujrat, Pin Code391 775. ...DEFENDANTS
Shri.Gajanan Shinde i/b. Retti Law & Associates, learned advocate for
the plaintiff.
Defendant exparte.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN (C.R.NO.32)
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2 Comm. Suit No.4202020
E XP A R T E J U D G M E N T
(Delivered on 24/08/2022)
This is a suit for recovery of sum of Rs.4,56,997/ with
interest of Rs.1,26,807/ calculated @ 24 % p.a. on principal sum and
interest from the date of suit till realisation of entire amount.
2. It is case of plaintiff that, it is a Company incorporated
under the provisions of the Companies Act 1956. It is carrying on
business of selling and supplying of ferrous and non ferrous metals and
other allied products. Defendant No.1 is a partnership firm. Defendant
No.2 & 3 are the partners of defendant No.1. The defendants are
engaged in the business of all kinds of ferrous and nonferrous metals
and other allied business.
3. In pursuance of the orders of defendant the plaintiff sold,
supplied and delivered products/goods namely 2930 per kg under
invoice no.81 dtd.24th August 2017 of total cost of Rs.4,56,997/.
4. Defendants have not paid amount of aforesaid invoices.
Therefore, plaintiff has sent first notice through advocate on 3/1/2019
and second notice on 18/04/2019 and thereby called upon defendants
to pay aforesaid amount together with interest. Defendants served with
the said notice but they failed to clear the outstanding amount.
Therefore, plaintiff filed this suit. According to plaintiff, plaintiff is
entitled to charge interest @ 24% p.a. on delayed payment of invoices.
Hence, plaintiff is entitled for recovery of principal sum of Rs.4,56,997/
plus interest of Rs.1,26,807/ calculated @ 24% p.a. upto 25/06/2019.
5. Defendants served with suit summons but it did not appear
hence, suit proceeded exparte against it as per order dtd.23/02/2022.
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3 Comm. Suit No.4202020
6. On above facts following points arise for determination of
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that it has
sold, supplied and delivered goods of
Rs.4,56,997/ on 24/08/2017 to
defendants ? …Yes.
2. Whether the plaintiff proved that
defendants are in outstanding of
Rs.4,56,997/ and pre suit interest @ 24%
p.a. ?
…Yes with interest
@ of 18% p.a..
3. Whether plaintiff is entitled for interest @
24 % p.a. from the date of suit till
realisation of the entire principal amount ?
...Yes @ of 18%
p.a.
4. Whether plaintiff is entitled for the relief
claimed ? ...Yes.
5. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 TO 4:
7. Heard learned counsel of Plaintiff. Plaintiff has examined
its Director Pawankumar Mishrimal Sanghvi (PW1) to prove its case.
He reproduced all content of plaint in his chiefexamination. His
evidence is supported by documentary evidence (Exh.10 to 18) as under
: Original copy of the board resolution dt. 01/12/2018, Copy of the
invoices dt.24/08/2017, Delivery challan consignee dt.24/08/2017,
Office copy of the first legal notice dt.03/01/2019, Postal receipt
dt.03/01/2019, Postal acknowledgement card, Second legal notice
dt.18/04/2019, Postal receipt dt. 25/04/2019, Postal acknowledgement
card.
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4 Comm. Suit No.4202020
8. In view of evidence of PW1 and documentary evidence, it
becomes clear that plaintiff has sold, supplied and delivered goods total
of Rs.4,56,997/ on 24/08/2017. Defendants has not made payment.
Thus, the outstanding sum of Rs.4,56,997/ remained to be paid by
defendants. Therefore, plaintiff is entitled for recovery of the
outstanding amount of Rs.4,56,997/. Tax invoice does not show the
rate of interest on the delayed payment. Considering the nature of
transaction being commercial and the defendants have delayed to make
the payment of outstanding amount, the plaintiff is entitled for pre and
post suit interest on principal sum @ 18% p.a. Thus, plaintiff is entitled
for pre suit interest of Rs.95,105/ instead of Rs.1,26,807/. Hence, I
answered point Nos.1 to 4 as above. Hence, I pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendants are jointly and severally directed to pay
to plaintiff the amount of Rs.4,56,997/ with interest @
18 % p.a. from the date of suit till realization of the said
amount plus accrued interest of Rs.95,105/.
3. Decree be drawn up accordingly.
Date : 24/08/2022.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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5 Comm. Suit No.4202020
Dictated on : 24/08/2022.
Checked on : 24/08/2022..
Signed on : 24/08/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25/08/2022. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 24/08/2022.
Order signed by P.O. on 24/08/2022.
Order uploaded on 25/08/2022.
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