Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.195/2019
Filed on : 03.01.2019
Registered on : 29.01.2019
Decided on : 03.03.2020
Duration : Year-01 Month-02 Days-02
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 195 OF 2019
(CNR NO.MHCC01-001193-2019)
Exhibit-19
Alpine Stampings,
Address: 322, Adhyaru Industrial Estate,
Sun Mull Compound,
Lower Parel (W),
Mumbai- 400 013. ….Plaintiff
V/s.
M/s. V. Enterprises
Address: Prathmesh Complex,
Building No.B2, Gala No.101/102,
Dapode, Bhiwandi
Maharashtra – 421 302 ... Defendant
SUIT FOR RECOVERY OF RS.2,38,454/-
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 03rd March, 2020.
(C.R.No.59)
Appearances:-
Advocate Rajak, for the plaintiff.
Exparte against Defendant.
JUDGMENT
(Dictated and pronounced in Open Court.)
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Judgment 2 Summ. Suit No.195/2019
1. This is a summary suit under order XXXVII of Code of Civil Procedure
1908.
The facts of the case are as under :
2. The Plaintiff is a partnership firm registered company under the
companies Act, 1956 dealing in business of manufacturing stampings. the
plaintiff sold, supplied and delivered to the defendants. Under the purchase
order dated 21.06.2015, and invoices dated 29.06.2017, 07.07.2017. The
cheque issued by the defendant to the plaintiff company has been
dishonoured when presented with its bank. The defendants failed to pay the
balance amount of Rs.1,86,476/- inspite of various requests made by the
plaintiff and reminders. According to the plaintiff defendant is liable to pay
Rs.2,38,454/- Hence, plaintiff is constrained to file the suit for recovery of the
said amount. The total suit claim of the plaintiff for Rs.2,38,454/-.
3. The suit summons were duly served on the defendant but he failed to
appear. Hence, suit is posted for judgment as per order XXXVII Rule 2(3) of
Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:-
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.2,38,454/- with
interest
@ 24 % per annum.
2. What order and decree? As per final order.
REASONS
5. Mr. Ravikumar Ashokmal Lodha file Affidavit in Lieu of Examination In
Chief on Behalf of the plaintiff file Exhibit-8. In order to prove the case of the
plaintiff filed following documentary evidence.
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Judgment 3 Summ. Suit No.195/2019
Exhibit.
No.
Description of documents
10 Letter of Authority dated 01.04.2024
11 Purchase order dated 21.06.2017
12 Invoice bearing No.000122 dated 29.06.2017
13 Invoice bearing No.000002 dated 07.07.2017
14 Cheque bearing No.000865
15 Bank Memo with the remark ‘fund Insufficient’ dated
11.09.2017
16 Demand Notice issued by the plaintiff dated 01.10.2024
17 Acknowledgment/ postal receipt dated 01.10.2024
24 Advocate for the plaintiff field evidence closing pursis.
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-10 to 24 go
to establish that plaintiff has sold and delivered total goods worth of
Rs.2,38,454/- to defendant. The documents further prove that the amount of
Rs.2,38,454/- is due and payable to the plaintiff company from defendant
towards delivered of goods. But, defendant failed to pay total amount of
Rs.2,38,454/- towards purchase of goods. The documents at list Exhibit-10 to
24 go to establish that defendant is liable to pay Rs.2,38,454/- to the plaintiff
on the date of filing of the suit towards the purchase of goods and therefore
the defendant is avoid to pay the balance amount to the plaintiff. In this
background, it is held that plaintiff is entitled to recover sum of Rs.2,38,454/-
from the defendant.
7. The plaintiff has claimed 24% per annum on the principal amount. As
per section 34 of the Code of Civil Procedure the rate of interest may exceed
6% per annum, if the transaction is commercial and there is no contract
pertaining to the same between the parties. In the present case the
transaction is a commercial one and there is express contract existing between
the parties as to the rate of interest of 24% per annum which shall be levied.
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Judgment 4 Summ. Suit No.195/2019
Therefore, rate of interest at the rate of 24% per annum would be just and
proper to be awarded on the principal sum adjudged i.e. amount of
Rs.2,38,454/-. Hence, point no.1 is answered in the affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held that the
plaintiff is entitled to recover Rs.2,38,454/- from the defendant with interest
at the rate of Rs.24% per annum from the date of filing of the suit till its
realization. Plaintiff is also entitled to recover cost of the suit from the
defendant. Hence, in answered to point no.2, I proceed to pass the following
order :
: ORDER:
1. The defendant do pay Rs.2,38,454/- (Rs. Two Lakhs Thirty
Eight Thousand Four Hundred and Fifty Four Only) to the
plaintiff with interest at the rate of 24% per annum from
the date of filing of the suit till its realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(Smt. S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date : 03.03.2020 Gr. Bombay
Typed on : 03.03.2020
Described on : 03.03.2020
Signed on : 03.03.2020
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Judgment 5 Summ. Suit No.195/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
03.03.2020 5.15 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 03.03.2020
Order signed by P.O. on 03.03.2020
Order uploaded on 03.03.2020
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