Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.266/2019
Received on : 29.01.2019
Registered on : 08.02.2019
Decided on : 03.05.2019
Duration : Y M D
00 03 06
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 266 OF 2019
CNR NO.: MHCC010012282019
M/S. OM SAI ENTERPRISE
Shri Vijay Santoshkumar Kunjutt (Proprietor)
Age: 45 years, having Office at Address:
Haware's Fantasia Business Park
Shop No.S47, Plot No.47, Sector 30A,
Vashi, Navi Mumbai – 400 705 ...Plaintiff
Versus
1. Kunal Bar and Restaurant
2. Shri Balesh Shetty alias Balan (Adult)
3. Shri Kunal Sadashiv Shetty (Adult)
All above defendants having common
Plot No.160, Opp. Ashok Silk Mills
Near Damodar Park, L.B.S. Marg,
Ghatkopar (West), Mumbai – 400 086. ...Defendants.
Appearances:
Advocate Mrs. Bhage for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
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1. Plaintiff has stated that pursuant to various purchase orders
placed by defendants from time to time for supply of said goods,
plaintiff sold supplied and delivered the said goods to the defendants
and for the same defendants received said goods by confirming,
verifying, without raising any objection as to quality and quantity by
putting its seal and signature on said delivery invoice. Plaintiff has
further stated that the defendants have not paid them the dues of said
goods which they had purchased from March 2018 to September 2018
of total worth of Rs.2,31,542/ till today. Details of unpaid dues and
invoices of said goods delivered by plaintiff to defendants from March
2018 to September 2018, which are acknowledged by defendants duly
putting Seal and Signature without raising any complaint are as
follows :
SR/(EXH) No. BILL NOS. DATE AMOUNT
A 383 01.03.2018 Rs.14,470/
A1 408 16.03.2018 Rs.14,678/
A2 428 02.04.2018 Rs.14,714/
A3 444 16.04.2018 Rs.19,665/
A4 450 02.05.2018 Rs.16,545/
A5 455 16.05.2018 Rs.10,503/
A6 464 04.06.2018 Rs.19,435/
A7 468 15.06.2018 Rs.14,230/
A8 472 30.06.2018 Rs.21,283/
A9 478 18.07.2018 Rs.24,570/
A10 483 01.08.2018 Rs.22,765/
A11 487 14.08.2018 Rs.24,438/
A12 492 01.09.2018 Rs.14,246/
Total Unpaid Dues of said Goods Delivered By
Plaintiff to defendants from March 2018 to
September 2018
Rs.2,31,542/
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2. Plaintiff has further stated that further defendants have
admittedly failed to make payment of invoices within stipulated time till
today. Therefore, defendants are liable and bound to pay interest as
provided in the said invoices. Plaintiff has further stated that thereafter,
plaintiff sent demand notice of aforesaid payments through their
Advocate, on dated 17th December 2018 to above all 1 to 3 defendants
through registered post A.D. Plaintiff has further stated that inspite of
receiving the said demand notice, defendants neither bothered to reply
those notices nor to pay the amount of said outstanding invoice to
plaintiff till today. Therefore, plaintiff filed this suit.
3. Defendants failed to appear in the suit, therefore, suit has
proceeded exparte against them.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below:
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.2,48,907/ from
defendants along with interest @
18% p. a. on the principal sum of
Rs.2,31,542/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
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Sr.
No.
Exhibits Particulars
1. Exh.5 Bill No.383 dated 01.03.2018 of Rs.14,470/
2. Exh.6 Bill No.408 dated 16.03.2018 of Rs.14,678/
3. Exh.7 Bill No.428 dated 02.04.2018 of Rs.14,714/
4. Exh.8 Bill No.444 dated 16.04.2018 of Rs.19,665/
5. Exh.9 Bill No.450, dated 02.05.2018 of Rs.16,545/
6. Exh.10 Bill No.455, dated 16.05.2018 of Rs.10,503/
7. Exh.11 Bill No.464, dated 04.06.2018 of Rs.19,435/
8. Exh.12 Bill No.468, dated 15.06.2018 of Rs.14,230/
9. Exh.13 Bill No.472, dated 30.06.2018 of Rs.21,283/
10. Exh.14 Bill No.478, dated 18.07.2018 of Rs.24,570/
11. Exh.15 Bill No.483, dated 01.08.2018 of Rs.22,765/
12. Exh.16 Bill No.487, dated 14.08.2018 of Rs.24,438/
13. Exh.17 Bill No.492 dated 01.09.2018 of Rs.14,246/
14. Exh.18 Copy of the details of remaining payment given by
plaintiff to defendants duly signed and stamped by
defendants on dated 1st September 2018.
15. Exh.19 Copy of Demand Notice along with Registered A/D
Receipt addressed to defendant No.1
16. Exh.20 Copy of Demand Notice along with Registered A/D
Receipt addressed to defendant No.2
17. Exh.21 Copy of Demand Notice along with Registered A/D
Receipt addressed to defendant No.3
18. Exh.22 Copy of the POD and certificate of Post office showing
postal delivery of the aforesaid registered A/D to
defendant Nos. 1 to 3.
19. Exh.23 Copy of the details of remaining payment given by
plaintiff to defendants on dated 24th December 2018
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of Shri Vijay Santoshkumar Kunjutt
(P.W.1), Proprietor of the plaintiff in the form of affidavit below Exh.3
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and stated in his evidence that the defendants have not paid him the
dues of said goods which they had purchased from March 2018 to
September 2018 of total worth of Rs.2,31,542/ till today. Details of
unpaid dues and invoices of said goods delivered by plaintiff to
defendants from March 2018 to September 2018, which are
acknowledged by defendants duly putting Seal and Signature without
raising any complaint are as follows :
SR/(EXH) No. BILL NOS. DATE AMOUNT
A 383 01.03.2018 Rs.14,470/
A1 408 16.03.2018 Rs.14,678/
A2 428 02.04.2018 Rs.14,714/
A3 444 16.04.2018 Rs.19,665/
A4 450 02.05.2018 Rs.16,545/
A5 455 16.05.2018 Rs.10,503/
A6 464 04.06.2018 Rs.19,435/
A7 468 15.06.2018 Rs.14,230/
A8 472 30.06.2018 Rs.21,283/
A9 478 18.07.2018 Rs.24,570/
A10 483 01.08.2018 Rs.22,765/
A11 487 14.08.2018 Rs.24,438/
A12 492 01.09.2018 Rs.14,246/
Total Unpaid Dues of said Goods Delivered By
Plaintiff to defendants from March 2018 to
September 2018
Rs.2,31,542/
8. Shri Vijay Santoshkumar Kunjutt (P.W.1) has further stated that
copies of invoices of goods delivered by plaintiff to defendants being
total amount of Rs.2,31,542/ which are duly acknowledged by
defendants putting Seal and Signature without raising any complaint.
Further said invoices inter alia provide the interest @ 18% per annum
would be charged if payment made after due date.
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9. Shri Vijay Santoshkumar Kunjutt (P.W.1) has further stated that
further defendants have admittedly failed to make payment of invoices
within stipulated time till today. Therefore, defendants are liable and
bound to pay interest as provided in the said invoices. He has further
stated that thereafter, plaintiff sent demand notice of aforesaid
payments through his Advocate, on dated 17th December 2018 to above
all 1 to 3 defendants through registered post A.D. He has further stated
that in demand Notice dated 17th December, 2018 facts have been
briefly recorded and called upon defendants to make payment of the
aforesaid outstanding invoices and said demand notice has been
received by above defendants on dated 18th December 2018 as is
evident from the POD and certificate of Post Office.
10. Shri Vijay Santoshkumar Kunjutt (P.W.1) has further stated that
dues are payable by the defendants to the plaintiff is a principal sum of
Rs. 2,31,542/ and to be accrued interest @ 18% per annum on the
principal amount from 01.09.2018 till filing of Suit Rs.17,365/ total
Rs.2,48,907/ and further interest 18% from date of filing of suit till
date of realization in full and cost of the suit to the plaintiff.
11. Plaintiff has produced all the corroborating documents which are
Copies of Bills, Copy of the details of remaining payment given by
plaintiff to defendants duly signed and stamped by defendants, Copy of
Demand Notice along with Registered A/D Receipt addressed to
defendant No.1, Copy of Demand Notice along with Registered A/D
Receipt addressed to defendant No.2, Copy of Demand Notice along
with Registered A/D Receipt addressed to defendant No.3, Copy of the
POD and certificate of Post Office and Copy of the details of remaining
payment given by plaintiff to defendants on record as documentary
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evidence. The oral evidence of plaintiff is corroborated by documentary
evidence. Defendants have failed to challenge all the allegations in the
plaint and evidence of plaintiff. Therefore, plaintiff has proved that it is
entitled to get sum of Rs.2,48,907/ from defendants jointly.
12. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.2,31,542/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant Nos. 1 to 3 are jointly directed to pay sum of
Rs.2,48,907/ to plaintiff along with interest @ 9% p.a. on the
sum of Rs.2,31,542/ from the date of filing of the suit till its
realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 03.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.05.2019
Transcribed on : 03.05.2019
Signed on : 03.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24.05.2019 At 4:42 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 24.05.2019
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