Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010014702019
Filed on : 15.02.2019
Registered On : 25.02.2019
Decided on : 28.01.2021
Duration : Y-01/M-11/D-12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.346 OF 2019
Exhibit- 16
Jeevandeep Edumedia Pvt. Ltd.
Having registered Office at
Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Assistant Legal Manager
Ms. Rutuja Suraj Sarfare
Age : 25 years. Occupation: Service ...Plaintiff
V/s.
1. Kids Kingdom English Medium School
At & Post Wangi 415 305
Tal: Kadegaon, Dist: Sangli
Maharashtra
2. Mr. Madhukar Balu Chavan
(Director)
Age: Not Known, Occupation: Business
Kids Kingdom English Medium School
At & Post Wangi 415 305
Tal: Kadegaon, Dist: Sangli
Maharashtra
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3. Mr. Dorthy Sayamanpittar Andrews
(Principal)
Age: Not Known, Occupation: Business
Kids Kingdom English Medium School
At & Post Wangi 415 305
Tal: Kadegaon, Dist: Sangli
Maharashtra-415305 ... Defendants
SUIT FOR RECOVERY OF RS.1,47,022.33
Appearance:-
Mr. Hetal Vakil Advocate for the plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 28/01/2021
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 Pursuance
of the purchase order from time to time, plaintiff sold, supplied and
delivered to defendants the goods vide invoices dated 21.04.2017,
29.04.2017, 05.05.2017, 23.06.2017, 29.06.2017, 26.07.2017,
28.07.2017, 31.07.2017, 23.08.2017 in aggregate to sum of
Rs.1,67,926/-. The defendants failed to pay the total sum of
Rs.1,67,926/-. After lot of persuasion and follow up defendants have
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failed to make payment, Credit Note was raised upon defendants vide
Credit Note No. PR74896 dated 21/11/2017 for the sum of Rs.
44,849/-, as per plaintiff sales ledger now a sum of Rs. 1,23,077/- is
due and payable by defendants to plaintiff. Thereafter plaintiff sent
legal notice dated 28.11.2018 and called upon defendants to make
payment of balance sum of Rs. 1,23,077/-. According to the plaintiff
defendants are liable to pay amount of Rs.1,47,022.33 on the date of
the filing of the suit. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.1,47,022.33.
3. The suit summons were duly served on the defendants 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?
Amount of
Rs.1,47,022.33/-
with interest
@ 18 % per annum
on principal amount
of Rs.1,23,077/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
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Exhibit.
No.
Description of documents Date
8 Copy of Board Resolution 14.07.2018
9 (colly) Original Purchase Orders 07.04.2017
07.04.2017
07.04.2017
27.04.2017
21.07.2017
10 (colly) Original L. R. No. 91889
Original L. R. No. 1/34638
Original L. R. No. 1/37566
Original L. R. No.92129
20.04.2017
29.04.2017
25.07.2017
03.05.2017
11 (colly) Office Copy of invoices 21.04.2017
21.04.2017
21.04.2017
29.04.2017
05.05.2017
05.05.2017
05.05.2017
23.06.2017
29.06.2017
26.07.2017
28.07.2017
31.07.2017
23.08.2017
12 Office copy of Credit Note 21.11.2017
13 Office copy of Notice 28.11.2018
14 Original Postal Receipts 28.11.2018
15 Original Reg A.D. Card and packets
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-8
to 15 go to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.1,67,926/- is due
and payable to the plaintiff company from defendant towards delivered
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of goods. But, defendants failed to pay total amount of Rs.1,67,926/-
towards purchase of goods. After lot of persuasion and follow up
defendants have failed to make payment, Credit Note was raised upon
defendants vide Credit Note No. PR74896 dated 21/11/2017 for the
sum of Rs. 44,849/-, as per plaintiff sales ledger now a sum of Rs.
1,23,077/- is due and payable by defendants to plaintiff. The
documents at list Exhibit- 8 to 15 go to establish that defendants is
liable to pay Rs.1,23,077/- to the plaintiff on the date of filing of the
suit towards the purchase of goods and therefore the defendants are
avoid to pay the balance amount to the plaintiff. In this background, it
is held that plaintiff is entitled to recover sum of Rs.1,23,077/- 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.1,47,022.33. 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 the plaintiff is entitled to recover Rs.1,47,022.33 from the
defendants with interest on Rs.1,23,077/-at the rate of 18% per annum
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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.1,47,022.33 (Rs. One
Lakh Forty Seven Thousand Twenty Two and Thirty
Three Paise Only) to the plaintiff and they shall also
pay with interest on principal amount of Rs.1,23,077/-
at the rate of 18% per annum from the date of filing of
the suit till its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date : 28/01/2021 Gr. Bombay
Dictated on : 28/01/2021
Typed on : 28/01/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28.01.2021 04.50 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
28/01/2021
JUDGMENT/ORDER signed by
P.O.on
28/01/2021
JUDGMENT/ORDER uploaded on 28/01/2021
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