Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Suit No.65-2020
MHCC010013452020 Presented on : 01/09/20
Registered on : 02/01/20
Decided on : 04/28/26
Duration : 06 Y : 03 M : 19 D
Exhibit : 21
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
COMMERCIAL SUIT NO.65 OF 2020
SHRI AMBIKA PRINTERS & PUBLICATIONS
(Through Legal Officer: Mr. Sadanand Mallikarjun
Dhadke Age: 34 years)
It is registered Partnership Fir carrying on its business
at 214/215, Narayan Udyog Bhawan Industrial
Estate, Dr. B.A. Road, Lalbaug, Mumbai - 400 012
and correspondence address at Plot No. 31, Snehal
Co-op. Society, Lane No. 1, Sector 17, Near White
House Tower, Nerul (East), Navi Mumbai- 400 706.
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..Plaintiff
Versus
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2.
iCode Management System Pvt. Ltd.
(Through its proprietor: Mr. Uday Shetty)
having address at Millennium Business Park, Unit
No. 109, Sector-02, Building No. 1, MIDC-
Mahape, TTC INdustrial Area, Navi Mumbai-
400 710.
Mr. Uday Shetty
Prop. iCode Management System Pvt. Ltd.
having address at Millennium Business Park, Unit
No. 109, Sector-02, Building No. 1, MIDC-
Mahape, TTC INdustrial Area, Navi Mumbai-
400 710.
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..Defendants
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..2.. Commercial Suit No.65-2020
Appearance :-
Ld. Adv. Das Associates for plaintiff.
None for defendant.
(Ex-parte)
CORAM : SACHIN SURYAKANT PATIL, JUDGE
COURT ROOM NO.32.
DATE : 28/04/2026.
J U D G M E N T
1) This commercial summary suit is filed for recovery of amount.
2) The facts in brief are as under -
According to plaintiff, it had rendered advertising services to
defendant by publishing their advertisements in its publications.
Accordingly the invoices were raised against defendants. Defendant
made the part payment. However, the amount of Rs.1,80,000/- is still
due from the defendant with interest @ 18% p.a. However, defendant
did not make the payment in spite of demand notice dated 16.02.2019.
Hence, this Suit for recovery of amount Rs. 3,08,993/-.
3) The writ of summons was served upon the defendants.
Defendants did not appear. Hence, matter proceeded ex-parte against
the defendants.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons stated as under :
Sr.
No.
POINTS DECISIONS
1. Whether the plaintiff is entitled for recovery
of sum of Rs.3,08,993/- with interest @ 18%
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..3.. Commercial Suit No.65-2020
Sr.
No.
POINTS DECISIONS
P.A. ? Partly Yes
2. What order and decree? ...As per final order.
R E A S O N S
5) Plaintiff's witness Mr. Sadanand Dhadke has filed evidence
affidavit at Exhibit-13. Plaintiff has relied upon documentary evidence
produced at Exh-16 to 19.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Sadanand Dhadke has deposed that, it had rendered
advertising services to defendant by publishing their advertisements in
its publications. Accordingly the invoices were raised against
defendants. Defendant made the part payment. However, the amount
of Rs.1,80,000/- is still due from the defendant with interest @ 18%
p.a. However, defendant did not make the payment in spite of demand
notice dated 16.02.2019.
7) On perusal of documents produced by the plaintiff it is evident
that plaintiff had rendered advertising services to defendant by
publishing their advertisements in its publications. Accordingly plaintiff
had raised invoices. The copies of invoices produced on record. As per
the evidence of plaintiff, defendant has made part payment. Amount of
Rs.1,80,000/- is still due from the defendant as principal amount with
interest 18% p.a. Plaintiff has not produced any document to show that
defendant had agreed to pay interest @ 18% p.a.. It seems tobe
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..4.. Commercial Suit No.65-2020
excessive. In my considered view interest @ 9% will meet the ends of
justice. Defendants have not appeared after service of summons.
Therefore, the evidence of plaintiff has remained unchallenged. Hence,
while answering point No.1 in partly affirmative, I pass the following
order.
ORDER
1. Commercial Summary Suit No.65 of 2020 is partly
decreed with costs.
2. Defendants shall pay amount of Rs.1,80,000/- (Rupees
One Lakh Eighty Thousand Only) to plaintiff with
interest at the rate of 9% p.a. from 28/02/2015 till
realization of the amount.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.32
Dated :28/04/2026
Dictated and typed on :28/04/2026.
Signed by HHJ on :28/04/2026.
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..5.. Commercial Suit No.65-2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time
28/04/2026.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
28/04/2026.
JUDGMENT / ORDER signed by
P.O. on
28/04/2026.
JUDGMENT / ORDER uploaded on 28/04/2026.
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