Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.341/2017
Filed on : 05.02.2019
Registered on : 25.02.2019
Decided on : 20.02.2020.
Duration : Year-01 Month-00 Days-14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 341 OF 2017
(CNR NO.MHCC01-001468-2019)
Exhibit-26
Jeevandeep Prakashan Pvt. Ltd.
Having Reg. Office at Sun Paradise Business Plaza,
1st floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Assistant Manager Legal
Ms. Rutuja Suraj Sarfare,
Age : 25 years. ...Plaintiff
V/s.
1. Shri. Siddheshwar English Medium School
Address: At & Post Balajinagar- 413 319,
Tal.: Mangalvedha, Dist.: Solapur,
Maharashtra
2. Mr. Ramesh Sidhanath Patil
Age: Adult
Shri. Siddheshwar English Medium School
Address: At & Post Balajinagar- 413 319,
Tal.: Mangalvedha, Dist.: Solapur,
Maharashtra
... defendants
SUIT FOR RECOVERY OF RS.1,61,602/-
Appearance:-
Ms. Hetal Vakil I/b M/s. J.R. Vakil & Associates, Advocate for the
plaintiff.
Exparte against defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20 th February, 2020.
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Judgment 2 Summ. Suit No.341/2017
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 is a private limited company under the Companies
Act doing business as educational publishers. In Pursuant of the
purchase order of the defendants the plaintiff has supplied goods
between 05.08.2016 to 22.09.2018 and plaintiff has issued three
invoices for the said goods in the name of defendants. According to the
plaintiff defendants has failed to pay balance amount of Rs.1,17,500/-.
It is the case of plaintiff that amount of Rs.1,61,602/- is duel payable by
the defendants. The defendants but failed to pay the total sum of
Rs.1,61,602/- inspite of various requests made by the plaintiff and
receipt of legal notice dated 28.11.2018 Hence, plaintiff is constrained
to file the suit for recovery of the said amount. The total suit claim of
the plaintiff for Rs.1,61,602/-.
3. The suit summons were duly served on the defendants but he
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:-
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Judgment 3 Summ. Suit No.341/2017
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?
Amount of
Rs.1,61,602/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. The plaintiff has filed Affidavit of Examination in Chief of its
authorised signatory Ms. Rutuja Suraj Sarfare at Exhibit-5. In order to
prove the case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
7 Copy of Board Resolution 14.07.2018
8 Original Order dated 17.07.2016
9 Original Order dated 10.08.2016
10 Original Order dated 09.12.2016
11 Original Order dated 16.06.2017
12 Original L.R. No.4561 04.08.2016
13 Original L.R. No.03836275 12.08.2016
14 Original L.R. No.4822 10.12.2016
15 Original L.R. No.2084 24.06.2017
16 Original L.R. No.3364 11.07.2017
17 Photo copy of Postal receipt 26.07.2016
18 Office copy of Invoice 05.08.2016
19 Office copy of Invoice 12.08.2016
20 Office copy of Invoice 12.12.2016
21 Office copy of Invoice 24.06.2017
22 Office copy of Invoice 10.07.2017
23 Office copy of Invoice 25.07.2017
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Judgment 4 Summ. Suit No.341/2017
Exhibit.
No.
Description of documents Date
24 Office copy of Sales Debit Note 22.09.2017
25 Office copy of Credit Note 13.08.2016
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at Exhibit-7 to
25 goes to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.1,61,602/- is due
and payable to the plaintiff company from defendants towards delivered
of goods. But, defendants failed to pay total amount of Rs.1,61,602/-
towards purchase of goods. The documents at Exhibit-7 to Exhibit-25 go
to establish that defendants is liable to pay Rs.1,61,602/- to the plaintiff
on the date of filing of the suit towards the purchase of goods and
therefore the defendants is avoid to pay the balance amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.1,61,602/- 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 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 a commercial one and there is contract
existing between the parties as to the rate of interest which shall be
levied. Therefore, 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.1,61,602/-. Hence, point no.1 is answered in the
affirmative.
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Judgment 5 Summ. Suit No.341/2017
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held that the
plaintiff is entitled to recover Rs.1,61,602/- from the 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 the defendants. Hence, in answered to point no.2, I proceed to
pass the following order :
: ORDER:
1. The defendants shall pay Rs.1,61,602/- (Rs. One Lakh
sixty one thousand six hundred and two 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)
Ad-hoc Judge
City Civil Court,
Date :20.02.2020 Gr. Bombay
Typed on : 20.02.2020.
Described on : 20.02.2020.
Signed on : 20.02.2020.
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Judgment 6 Summ. Suit No.341/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
20.02.2020 05.15 p.m.
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.02.2020
Order signed by P.O. on 20.02.2020
Order uploaded on 20.02.2020
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