Final Order 1

Order Details: Copy of Judgment
Pdf Text: (Judgment) 1 Summary Suit No. 457 of 2019
Filed on : 01.02.2019
Registered on : 03.04.2019
Decided on : 20.11.2019
Duration : Year 00 Month07 Days17
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.457 OF 2019
(CNR NO. MH CC010013302019)
Exhibit14
M/s. Industrial Metal Corporation
Registered Partnership Firm, at 315,
S.V.P. Road, Mumbai 400 001.48"4 ….Plaintiff
V/s.
1. Fabtech Projects & Engineering
Limited,
Limited Company
2. Raja Bhau Ananda Rupnar,
Age: Adult,
Occupation : Business/Managing Director,
3. Ameet Rajabhau Rupnar
Age: Adult,
Occupation : Business/ Managing Director,
Addresses.: All the Defendants having office at
Fabtech Projects & Engineers Limited,
J504, M.I.D.C., Bhosari, Pune 411 026. ... Defendants
SUIT FOR RECOVERY OF RS.1,81,821/
Appearance:
Mr.K.S.Tiwari, Advocate for the Plaintiff.
Exparte against Defendant.
-- 1 of 6 --
(Judgment) 2 Summary Suit No. 457 of 2019
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 20 th November,2019
JUDGMENT
(Dictated and pronounced in Open Court.)
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 ''M/s. Industrial Metal Corporation'', is a
registered Partnership firm under the Indian Partnership Act, 1932 vide
from Registration No. B71613 dated 25.02.1971. It is carrying on
business as importers and stockiest of Alloy Steel, Carbon Steel,
Stainless Steel, Pipes, Tubes & Plates, etc. material. The plaintiff was a
registered ''Dealer'' under the Maharashtra Value Added Tax Act, 2002
and also under Central Sales Tax Act, 1956, at relevant time and as
such Plaintiff was alloted (TIN) Tax Identification No. 276603541120
by the Sales Tax Officer, Government of Maharashtra. Pursuant to the
purchase Order received from the Defendant's at Plaintiff's aforesaid
place of business situated at Mumbai dated 26.12.2015 and 27.02.2016,
plaintiff sold, dispatched and delivered 'H.F.SMLS Non Alloy Steel
Pipes, H.F.SMLS Pipes & Tubes' materials worth total sum of Rs.
4,93,418/ to the Defendants against plaintiff's three tax invoices i) No.
4557 dated 26/12/2015 for Rs.2,80,961/ ii) No. 4558 dated
-- 2 of 6 --
(Judgment) 3 Summary Suit No. 457 of 2019
26/12/2015 for Rs.98,079/ iii) No.5477 dated 27/02/2016 for
Rs.1,17,378/ against the 45 days credit payment basis as provided on
defendant's purchase orders which were duly accepted and
acknowledged by the defendants. It is further submitted that the
defendants made partpayment of Rs.3,11,597/ to the plaintiff and the
defendants failed to pay the balance sum of Rs.1,81,821/. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.1,81,821/.
3. The suit summons were duly served on the defendants No.1
to 3 but they 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 defendants to the
plaintiff ?
A] If yes, what would be the
rate of interest?
Yes
at the rate of 18%
per annum
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exh.8 &9 Purchase order and Invoice dated 11/12/2015
-- 3 of 6 --
(Judgment) 4 Summary Suit No. 457 of 2019
(collectively) No. 4557 26/12/2015
respectively
Exh. 8 &
9
(collectively)
Purchase order and Invoice
No. 5477
dated.
15/01/2016 &
27/02/2016
respectively
Exh.10 Two Cheques viz179450 &
179451 of Canara Bank
dated 25.07.16 &
18.08.2016
respectively
Exh. 11 Cheque return memos Dated
22/09/2016 &
10/10/2016
respectively
Exh.12 Legal notice issued by the
plaintiff to the defendants
27/10/2016
Exh. 13 Legal notice issued by the
plaintiff to the defendants
17/11/2016
Exh. 14 Final legal notice issued by
plaintiff to the defendants
18/07/2018
AS TO POINT NO.1
6. All the documents produced by the plaintiff at list Exh. 8 &
9 (collectively) goes to establish that plaintiff has taken purchase order
and delivered the total goods of Rs.4,93,418/ to defendants. The
documents further prove that the amount of Rs. 4,93,418/ is due and
payable to the plaintiff company from defendants towards the purchase
of goods. But, defendants have paid sum of Rs.3,11,597/ to the
plaintiff and failed to pay balance amount of Rs.1,81,821/ towards
purchase of goods. The documents at list Exhibit 8 and Exhibit 9
collectively goes to establish that defendants are liable to pay
Rs.1,81,821/ to the plaintiff on the date of filing of the suit towards the
-- 4 of 6 --
(Judgment) 5 Summary Suit No. 457 of 2019
purchase of goods and therefore they have issued the said cheques
infavour of the plaintiff which is dishonoured for '' funds insufficient''.
In this background, it is held that plaintiff is entitle to recover sum of
Rs.1,81,821/ 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 exceed 18% 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 no
express contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 18% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.1,81,821/. 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.1,81,821/ from defendants with
interest at the rate of Rs.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 :
: ORDER:
1. The defendants no.1,2 and 3 shall jointly or severally
pay Rs.1,81,821/ (Rupees One Lacs, Eighty One
-- 5 of 6 --
(Judgment) 6 Summary Suit No. 457 of 2019
thousand, eight hundred twenty one only) to the
plaintiff with interest at the rate of 18% per annum
from the date of filing of the suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 20/11/2019
Dictated on : 20.11.2019
Transcribed on : 20.11.2019
Signed on : 20.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
22.11.2019 12.25 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.11.2019
Order signed by P.O. on 22.11.2019
Order uploaded on 22.11.2019
-- 6 of 6 --