Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.219/2018
Filed on : 29.01.2018
Registered on : 16.02.2018
Decided on : 02.03.2020
Duration : Year-02 Month-01 Days-05
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 219 OF 2018
(CNR NO.MHCC01-001523-2018)
Exhibit-14
M/s. Shri Sai Plastics
Address - 215, Samuel Street,
Deepak House, Masjid Bunder West,
Mumbai 400003. ….Plaintiff
V/s.
S. Abhayraj
Age: Adult
Address - Plot No. 10B-2, Kiadb,
Kolhar Industrial Area, Bidar 585403,
Karnataka. ... Defendant
SUIT FOR RECOVERY OF RS.13,83,936/-
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 02nd March, 2020.
(C.R.No.59)
Appearances:-
Trupti Shetty, for the plaintiff.
Exparte against Defendant.
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 partnership firm registered under the Indian
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Judgment 2 Summ. Suit No.219/2018
Partnership Act, 1932 dealing in business of Chemicals, manufacturing
PVC Resins. In pursuance of request of the defendant on 03.06.2017
the plaintiff has supplied and sold goods worth Rs.13,05,600/- on
credit. The plaintiff has issued invoice in the name of the defendant.
The cheque issued by the defendant for the payment of the said amount
dated 21.08.2017 had been dishonored when deposited by plaintiff
with its bank. The defendants failed to pay the total sum of
Rs.1,39,374/- inspite of various requests made by the plaintiff and
receipt of legal notices dated 17.09.2017. Hence, plaintiff is constrained
to file the suit for recovery of the said amount. The total suit claim of
the plaintiff for Rs.13,83,936.
3. The suit summons were duly served on the defendant 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:-
Sr.
No.
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.13,83,936/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. Mr. Vijay Kedia Partner of the plaintiff file Affidavit in Lieu of
Examination of Chief pf the plaintiff at Exhibit-04. In order to prove the
case of the plaintiff filed following documentary evidence.
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Judgment 3 Summ. Suit No.219/2018
Exhibit.
No.
Description of documents
6 Carbon copy of Tax Invoice No.37 dated 03.06.2017
7 Delivery Challan dated 03.06.2017
8 Dishonored Cheque dated 03.06.2017
9 Office copy of the legal notice dated 18.09.2017 with
unserved packet.
10 Office copy of the legal notice dated 09.10.2017 with
unserved packet.
11 Office copy of the legal notice dated 06.11.2017 with
acknowledgment
12 Original Reply of Defendant dated 14.11.2017.
13 Office copy of the Rejoinder dated 20.11.2017.
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-6 to 13
go to establish that plaintiff has sold and delivered total goods worth of
Rs.13,05,600/- to defendant. The documents further prove that the
amount of Rs.13,83,936/- is due and payable to the plaintiff company
from defendant towards delivery of goods. The documents at list
Exhibit-6 to 13 go to establish that defendant is liable to pay
Rs.13,83,936/- to the plaintiff on the date of filing of the suit towards
the purchase of goods and therefore the defendant is liable to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.13,83,936/- from the
defendant.
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
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Judgment 4 Summ. Suit No.219/2018
present case the transaction is a commercial one and there is express
contract existing between the parties as to the rate of interest of 21%
per annum which shall be levied. Therefore, the rate as claimed by the
plaintiff @18% per annum would be just and proper to be awarded on
the principal sum adjudged i.e. amount of Rs.13,83,936/-. 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.13,83,936/- from the defendant 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 defendant. Hence, in answered to point no.2, I proceed to pass
the following order :
: ORDER:
1. The defendant do pay Rs.13,83,936/- (Rs. Thirteen
Lakhs Eighty Three Thousand Nine hundred and
Thirty Six 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. The defendant 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.
(Smt. S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date : 02.03.2020 Gr. Bombay
Typed on : 02.03.2020
Described on : 02.03.2020
Signed on : 02.03.2020
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Judgment 5 Summ. Suit No.219/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
02.03.2020 5.15 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 02.03.2020
Order signed by P.O. on 02.03.2020
Order uploaded on 02.03.2020
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