Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010012042018
Filed on :22.01.2018
Registered On :01.03.2018
Decided on :18/03/2021
Duration :Y-03/M-01/D-28
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.282 OF 2018
Exhibit-7
Prakashchand Chunilal Sakaria
Age 61 years of Mumbai an adult
Indian Inhabitant carrying on business
as a sole proprietor in the name and style
of Max-India Silk Industries at and from 56/72
Dadi Seth Agairy Lane, Manahar Building
3rd floor, Mumbai-400 002 ….Plaintiff
Vs.
1.Ankit Industries
A firm having its address at
2nd floor, Above Indian Coffee House,
Jawahar Gunj, Jabalpur, Madya Pradesh
2.Ankit Gupta
adult Indian inhabitant,
carrying on business as a Sole
Proprietor in the name and style of
Ankit Industries,
at and from 2nd floor, Above Indian Coffe House,
Jawahar Gunj, Jabalpur Madya Pradesh ....Defendants
SUIT FOR RECOVERY OF Rs.1,25,206.55
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Appearance:-
Adv. Mr. Ramesh Jain for the Plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 18/03/2021
J U D G M E N T
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
2. The facts of the suit are summarized as under :-
The plaintiff is carrying on business as a Sole proprietor.
Defendant no.1 is a Firm of which defendant no.2 is a Sole Proprietor.
As per the orders and instructions of the defendants, plaintiff sold
supplied and delivered to the defendants goods and invoices/bills of
Rs.99,569/- in connection therewith from time to time. The defendants
issued cheques of Rs.1,05,570/- towards part payment of after adding
interest. But, said cheques have been dishonoured with remark “ Fund
Insufficient”. The defendant failed to pay to the plaintiff inspite of
demands, reminders. The plaintiff has sent legal notice dated
11.08.2017, but defendants failed to pay to the plaintiff. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.1,25,206.55ps.
3. The suit summons were duly served on the defendants
but they failed to appear. Hence, suit is posted for judgment as per
order XXXVII Rule 2 (3) of Code of Civil Procedure 1908.
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4. The following points arise for my determination and my
findings there on are as under for the reasons stated there under :-
POINTS FINDINGS
1 What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.1,25,206.55ps. with
interest
@ 18% per annum on
principal amount of
Rs.99,569/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. Mr. Prakashchand Chunilal Sakaria filed Affidavit in
support of his claim Exhibit-3. In order to prove the case of the plaintiff
produced following documentary evidence.
Exhibit.
No.
Description of documents Date
4/1 Invoice/bills 30.04.2016
4/2 Cheque and memos of dishonoured 25.12.2016
4/3 Cheque and memos of dishonoured 15.01.2017
4/4 Notice 11.08.2017
4/5 Lorry receipt
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-4/1
to 4/5 goes to establish that plaintiff has delivered the goods of
Rs.99,569/- to the defendants. The documents further prove that the
amount of Rs.1,25,206.55ps. is due and payable to the plaintiff from
defendants towards the amount. The defendant has failed to repay the
said amount to the plaintiff. The documents at list Exhibits-4/1 to 4/5
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4 Sum. Suit No.282/2018
goes to establish that the defendant is liable to pay Rs.1,25,206.55ps. to
the plaintiff on the date of filing of the suit towards the said amount
and therefore, the defendants have failed to repay his amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.1,25,206.55ps. from the defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceeds 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 commercial one and there is
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a commercial one and rate
of interest @ 18% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.1,25,206.55ps. 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 plaintiff is entitled to recover Rs.1,25,206.55ps. from the
defendants with interest on principal amount of Rs.99,569/- at the rate
of 18% per annum from the date of filing of the suit till its realization.
Plaintiff is also entitled to recover cost of the suit from defendants.
Hence, in answered to point No.2, I proceed to pass the following order.
O R D E R
1. The defendants shall pay Rs.1,25,206.55ps.(Rs. One Lakh
Twenty Five Thousand Two Hundred Six and Fifty Five
Paise Only) to the plaintiff with interest on principal
amount of Rs.99,569/- at the rate of 18% per annum
from the date of filing of the suit till its realization.
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2. Defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date : 18/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :18/03/2021
Typed on :18/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/03/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
18/03/2021
JUDGMENT/ORDER signed by
P.O.on
18/03/2021
JUDGMENT/ORDER uploaded on 18/03/2021
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