Order 1

Order Details: Ex-parte Judgement
Pdf Text: Received on : 9/01/2018
Registered on : 01/02/2018
Decided on : 31/03/2018
Duration : 00 :02 : 23
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 130 OF 2018
Mrs.Radhabai Sandeep Gadge )
of Mumbai an adult Indian, )
Inhabitant aged about 24 years, )
Occupation Money Lendr, having her )
office and residence address )
at Room No.3, Nobel Coop. )
Housing Society Ltd. Halav Pool Road, )
Kurla West Mumbai4
N.M.Dharia & Co. )
A Partnership firm Registered under Indian )
Partnership Act 1932 Having address at 25, )
Bibijan Street, 16, Ratan House, 2nd Floor, )
Mumbai400 003. )
Through it's Partner Mr. Kavin Dixit Dharia )
aged 35 years, Indian Inhabitant )...Plaintiffs.
V/s.
Mr. Rishi Sareen )
Proprietor of M/s. Hydrasun India )
98, Narayan Dhuru Street, )
3rd Floor, Office No. 310, Mumbai400 003. )...Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. S.J.BIYANI.
(C. R. No.: 28)
DATED : 26/03/2018,
Advocate Mr. Chetan Pawar for plaintiffs
Exparte against defendant.
-- 1 of 8 --
JUDGMENT
The present suit is filed by plaintiff for recovery of an amount of Rs.
5,19,934/ along with future interest.
2. Brief facts of the case are as under:
The plaintiff is a partnership firm and carrying on business of sale and
purchase of S.S.Metal Goods. The Defendant is a proprietor of M/s. Hydrasun India
and carrying on business. The plaintiffs purchased orders placed by the defendant.
Plaintiff had sold, supplied and delivered M.S. & S.S. Pipes fitting and Plates, M.S.
Structure under thirteen bills. The details are as under:
Bill No. Dated
Amount
8411 14/12/2013 32,444/
8497 17/12/2013 609/
9737 18/01/2014 33,278/
100085 28/01/2014 6,989/
10289 03/02/2014 3,396/
10645 12/05/2014 412
10868 18/02/2014 1,63,99/
11411 04/03/2014 10,537/
11924 20/03/2014 23,706/
12099 24/03/2014 22,558/
497 12/04/2014 19,333/
728 19/04/2014 4,013
3072 30/06/2014 27,989/
3. The plaintiff has further contended that the goods were delivered and
approval by defendant was received. The defendant had agreed to make the
payment of bill within period of 60 days and in default to pay interest at the rate of
-- 2 of 8 --
24% p.a. The defendants has made payment of Rs. 2,59,981/ towards amount
dues and an amount of Rs. 3,67,716/ is due and payable by the defendant to
plaintiff. The plaintiffs further contended that the inducement was implemented on
the basis of cheque bearing 032828 dtd. 05/07/2014 for Rs. 30,000/ drawn on
Union Bank, Cheque bearing No. 000447 dtd. 30/10/2014 for Rs. 50,000/ drawn
on Union Bank, Cheque bearing No. 266629 dtd. 27/03/2014 for Rs. 5,000/ drawn
on Union Bank and Cheque bearing no. 032858 dated 22/01/2015 for Rs. 50,000/ .
The plaintiff further contended that defendant was not making balance payment to
the plaintiff, therefore, plaintiff sent notice dated 16/01/2017 to the defendant
through R.P.A.D. The same was received by defendant, but no reply and payment
was made. Lastly, plaintiff through their advocate issued letter dated 30/1/2017
and called defendant to make payment, but defendant failed. Hence, present suit.
4. Defendant inspite of service of writ of summons did not appeared in the
suit. The plaintiff has filed on record affidavit of service of summons at Exh.6
alongwith postal acknowledgement. As the defendant failed to appear inspite of
service and therefore, the suit was proceeded exparte against the defendant.
5. Considering evidence of plaintiff, the following points arose for
consideration. I record my findings for the reasons stated thereunder.
Sr.No. POINTS FINDINGS
1 Whether plaintiff proves that defendant is
in due of Rs. 5,19,934 towards payment of
bills ?
In the affirmative
2 If plaintiff is entitled for future interest, if
yes, at what rate ?
Yes. At the rate of
24% on amount of
Rs. 3,67,716/.
3. What order ? As per final order
REASONS
6. In support of contention, plaintiff filed affidavit of evidence at Exh. 7
and relied on documents annexed with compilation of documents at Exh.8 as
under:
-- 3 of 8 --
Sr.
No.
Particulars
1 True copy of extract
2 Copies of Bills
3 Copies of Ledger Accounts
4 Copy of Cheques and memo
5 Copies of notice dated 16/12/2016 alongwith
Postal Records.
6 Copy of Final reminder
7. The defendants failed to lead any evidence. Therefore, the documents
placed on record also remained unchallenged. The suit is listed for exparte decree.
8. The evidence of PW1 remained unchallenged. Considering the
documents and in absence of any evidence of defendants, there is no reason to
disbelieve the evidence supported by documents. Considering absenty of defendant
entering his appearance there is no any impediment to draw inference that
allegation in plaint shall be deemed to be admitted as per Order XXXVII Rule 2(3)
of C.P.C. Hence, the plaintiff has proved that defendant is in due of Rs. 5,19,934
towards plaintiff as per the invoice. It shows from document that plaintiff is
entitled for future interest @ 24% p.a. Hence, the plaintiff has made out a case for
grant of relief and is entitled for decree. Hence, I answer above points in
affirmative. In the result, I proceed to pass following order:
ORDER
1. Suit is decreed with costs.
2. Defendant do pay the plaintiffs a sum of Rs. 5,19,934/ towards payment of
bills alongwith future interest at the rate of 24% on amount of Rs.3,67,716/
from the date of filing of suit till its realization.
3. Plaintiff is entitled for refund of the Court fees as per rules.
4. Decree be drawn up accordingly.
-- 4 of 8 --
(S.J.Biyani)
Judge,
Date : 26/03/2018 City Civil Court, Gr. Bombay
Dictated on : 26/03/2018
Transcribed on : 27/03/2018
Signed on : 27/03/2018
-- 5 of 8 --
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06/04/2018 11.15a.m. Mrs.Vidya V. Malgaonkar
Name of the Judge HHJ Shri S.J.Biyani(CR No.28)
Date of Pronouncement of
Judgment/Order.
26/03/2018
Judgment/order signed by P.O on 27/03/2018
Judgment/order uploaded on 06/04/2018
-- 6 of 8 --
-- 7 of 8 --
-- 8 of 8 --