Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 492 of 2019.
Filed on : 04.02.2019
Registered on : 22.04.2019
Decided on : 16.03.2020
Duration : Year-01 Month-01 Days-11
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.492 OF 2019
(CNR NO.MHCC01-001467-2019)
Exhibit-14
M/s. Yogeshwar Saw Mill,
A Partnership Firm duly registered
And incorporated under the Indian
Partnership Act 1932 having its registered
Office At: Narayan Building Compound,
Behind Canara Bank, Sir M V Road,
Sakinaka, Andheri E, Mumbai- 400072.
Through its authorized representative
Mr. Pralhad Patel ….Plaintiff
..Versus..
1. Shree Balaji Infraworld India Pvt. Ltd.
Having its registered office at:-
748, Western Express Highway,
Behind J J kaju Factory, Palnapada,
Kolhi Gaon, Vasai E
Palghar
2. Mr. Sanjay V. Sharma
Proprietor of the defendant No.1
Residing at : 748,
Western Express Highway,
Behind J J Kaju Factory, Palnapada,
Kolhi Gaon, Vasai E, Palghar
Palghar.
....Defendants
SUIT FOR RECOVERY OF Rs.2,75,783/-.
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2 Sum. Suit No. 492 of 2019
Appearance:-
Niraj B. Patil, Advocate for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 16th March, 2020.
: 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 a partnership firm dealing in business of plywood
and timber trading in pursuance of the order of the defendant plaintiff
has supplied products on credit worth Rs.6,40,783/- from the month of
January, 2017 till April, 2017 vide ten invoices. The defendant has
failed to pay balance of amount of Rs.2,75,783/- to the plaintiff inspite
of demands, reminders. According to the plaintiff on the date of the
filing of the suit amount of Rs.2,95,925/- is due and payable by the
defendant. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.2,75,783/-.
3. The suit summons were duly served on the defendant but they
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2 (3) of Code of Civil Procedure 1908.
4. The following points arise for my determination and my findings
there on are as under for the reasons stated there under :-
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3 Sum. Suit No. 492 of 2019
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.2,75,783/- with
interest
@ 18 percent per
month
2 What order and decree? Suit is decreed.
R E A S O N S
5. Authorized Representative of Plaintiff Mr. Prahlad Arjun Patel has
file Affidavit of examination in chief of behalf of plaintiff. In order to
prove the case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
8 Deed of Admission cum partnership 01.04.2017
9 Original Letter of Authority 07.06.2018
10 Original Invoices 01.03.2017
11 Original Ledger 01.04.2016 to
11.02.2020
12 Certificate U/s 65B of Indian Evidence
Act
26.02.2020
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-8 to 12
goes to establish that plaintiff has sold and supplied products worth
Rs.2,75,783/- to the defendant . The documents further prove that the
amount of Rs.2,75,783/- is due and payable to the plaintiff from
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4 Sum. Suit No. 492 of 2019
defendant towards the said products. The defendant have failed to pay
balance amount to the plaintiff. The documents at list Exhibits-8 to 12
goes to establish that the defendant are liable to pay Rs. 2,75,783/- to
the plaintiff on the date of filing of the suit towards the said loan
amount and therefore, the defendant have failed to repay his loan
amount to the plaintiff. In this background, it is held that plaintiff is
entitled to recover sum of Rs.2,75,783/-. from the defendant.
7. The plaintiff has claimed 18% per month on the principle
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 such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest @ 18% per month as claimed
would be just and proper to be awarded on the principle sum adjudged
i.e. amount of Rs.2,75,783/-. 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.2,75,783/-. from the defendant with
interest at the rate of Rs.18% per month from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from defendant. Hence, in answered to point No.2, I proceed to pass the
following order.
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5 Sum. Suit No. 492 of 2019
: O R D E R :
1. The defendant do pay Rs.2,75,783/- (Rs. Two Lakhs
Seventy Five Thousand Seven Hundred and Eighty Three
Only) to the plaintiff with interest at the rate of 18% per
month 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 rule.
4. Decree be drawn accordingly.
Date :16.03.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 16.03.2020.
Signed on : 16.03.2020.
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6 Sum. Suit No. 492 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
16.03.2020 5.45 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 16.03.2020
Order signed by P.O. on 16.03.2020
Order uploaded on 16.03.2020
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