Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 31.01.2018
Registered on 16.03.2018
Decided on 15.11.2018
Duration Yrs. M. Days
08
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.344 OF 2018
M/s. Rushabh Novelty
a Proprietary concern,
Through its proprietor Mr.Damji Vijpar
Savla, having their address at Shop No.2,
Akhalwaya Building, 118, Sarang Street,
Mumbai400 003. ...Plaintiff
V/s.
M/s. Hill Top Gift
Also a proprietary concern having their
address at : 14, 1st floor, Sandhu Sapet, P.S.
Lane Cross, (Behind Vijaylakshmi Talkies)
Chickpet, Bangalore560053 ...Defendant
Appearances:
Ld. Adv Ms.Madhuri Maisheri for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 15th November,2018
MHCC01-001641-2018
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J U D G M E N T
(Exparte)
This is a suit for Rs.10,01,762/ with interest.
2. In short, plaintiff came with a case that, plaintiff is a proprietary
concern carrying on their busines of school and stationary at the
address mentioned in the title clause. Defendant is also a proprietary
concern having address at the address mentioned in the title clause.
3. Plaintiff submitted that, in the course of business defendant
approacehd plaintiff and requested them to supply various items of
school and office stationary. The said goods were duly accepted by
defendant without any dispute. For which plaintiff issued invoices of
Rs.9,93,794/, which were duly accepted by defendant and agreed to
make payment within 45 days. In spite of agreed defendant has not
made payment of invoices. Therefore, plaintiff on several occasions
requested defendant to make playment.
4. Plaintiff submitted that, within stipulated time defendants was
also required to 'C' form for supply of goods. But defendant has faield
and neglected to supply 'C' form. Therefore, defendant is liable to pay
penality to the authorities concerned. After considerable time when
defendant did not make payment of invoices, plaintiff issued demand
notice dt.13.10.2017 called upon defemdant to pay the amount of
invoices. In spite service of notice defendant failed to complay the said
notice. Therefor, at last, plaintiff approached to this Court for recovery
of outstanding amount due againt defendant by filing this suit
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5. Writ of summons issued against defendant. Plaintiff filed service
affidavit at Exh.5. In spite of service defendant failed to appear before
the Court. Therefore, suit proceeded exparte against defendant.
6. To substantiate its claim plaintiff tendered claim affidavit at
Exh.6 and list of documents at Exh.7. Plaintiff proved the documents
viz Invoices issued by the plff to the defts alongwith consignment
receipts (Exh.8), copy of legal notice dt. 13/10/2017 issued by the
plaintiff through their Advocate alongwith its acknowledgement
receipts (Exh.9) and particulars of claim (Exh.10).
7. Heard learned Advocate for plaintiff. Perused the record and
submissions.
8. No doubt, on perusal of invoices and consignments notes it is
crystal clear that, plaintiff had supplied the goods as per request of
defendant. Defendant received the said goods as well as invoices
without any demur. Therefore, defendant is liable to pay the amount as
per invoices for the goods received by them. But defendant failed to
make the payment of goods. Even necessary compliance of submissions
of 'C' Form for the goods received is not complied by defendant.
Therefore, it is clearly established that, defendant failed to comply their
legal liability.
9. In spite of service of writ of summons defendant did not appear
to rebut the claim of plaintiff. Therefore, claim affidavit of plaintiff
remains unchallenged and unrebutted. Hence, I have to accept the
unchallenged claim of plaintiff. Therefore, suit filed by plaintiff for
recovery under O.XXXVII R.2 of C.P.C. needs to be accepted.
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10. In spite of repeated requests and demand defendanf failed to pay
the amount due and payable, which forced plaitniff to approach this
Court for recovery amount. Therefore, costs of this suit needs to be
saddled on defendant. Plaintiff is entitled to recover amount as per
agreed rate of interest on the outstanding amount.
11. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.11,01,762/ along with interest @
18 percent per annum on principal amount of
Rs.9,93,794/ to plaintiff from the date of filing of this
suit till realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.:15/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 15.11.2018
Transcribed on : 17.11.2018
Signed on : 17.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.11.2018 at 5.22 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 15.11.2018
Judgment/order signed by P.O. on 17.11.2018
Judgment/order uploaded on 17.11.2018
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