Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010016972018 Presented on 01/02/2018
Registered on 23/02/2018
Decided on 13/01/2026
Duration 07Y: 11M: 12D
Exhibit 09
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 244 OF 2018
Samosaran Syntex Pvt. Ltd. ]
A Company registered under the ]
Indian Companies Act of 1956 and ]
having its registered office at ]
46/A, 3rd floor, Abdul Rehman ]
Street, Mumbai 400 003. ]...Plaintiff
VERSUS ]
Scarlet Textile Mills India Pvt Ltd. ]
a Company registered under the ]
Indian Companies Act of 1956 and ]
having its registered office at Jai ]
Hind Bldg No.1-B, Flat No.6, ]
3rd floor, Dr. A.M. Road, ]
Bhuleshwar Mumbai-400 002. ]...Defendant
Appearance :
Ld. Adv. Mr. Ramesh Jain for the plaintiff.
Defendant absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 13/01/2026
J U D G M E N T
01] This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (C.P.C.), by the plaintiff for recovery of an amount
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of Rs.5,38,390/- ( Rs.5,38,389.52ps. rounded off to Rs.5,38,390/-)
along with interest and prayed for further interest from the defendant.
Brief facts of plaintiff’s case may be summarized as under :-
02] As per the plaintiff, plaintiff and defendant are registered
companies under the Companies Act, 1956 and having their address
mentioned in the title cause. Further, as per purchase orders and
instructions of the defendant, the plaintiff sold, supplied and delivered
goods to the defendant. Accordingly, raised Invoice No.SSP 122211
dated 10/07/2015 for Rs.1,88,700/- and Invoice No.SSP 122212 dated
10/07/2015 for Rs.1,88,700/-, total amounting to Rs. 3,77,400/-. The
defendant has not raised any objection with respect to the quality,
quantity of goods and invoices. The defendant was supposed to pay
within 10 days from the date of invoice and in default to pay interest at
the rate of 18% p.a. thereafter upto 45 days. Further, after 45 days to
90 days rate of interest was 24% and after 90 days rate of interest was
30% p.a. The plaintiff requested the defendant to pay the outstanding
amount however, defendant failed to pay the same. Therefore, plaintiff
issued letter dated 16/09/2017 to the defendant and called upon to
make the payment with interest. The defendant failed to reply to the
said notice nor paid the outstanding amount. The cause of action arose
within the jurisdiction of Mumbai. The plaintiff is entitled for an
amount of Rs. 3,77,400/- towards principal and Rs. 1,60,990/- towards
interest, total amounting to Rs. 5,38,390/-. Hence, this suit.
03] The defendant was served with the suit summons on
13/10/2018. The plaintiff has filed affidavit of service at Exh. 2.
Despite service of the suit summons, the defendant has not caused
appearance and therefore, the suit proceeded ex-parte against him by
the order dated 19/11/2022.
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3 SUM SU NO. 244/2018
04] In support of claim, the plaintiff has filed claim affidavit of
Mr. Dilip G. Shah, Director of the plaintiff as P.W.1 at Exh. 4 and
reiterated his contention in the plaint for recovery of Rs.5,38,390/-
along with the further interest at the rate of 18% p.a. The evidence of
plaintiff came to be closed on 24/11/2025. The plaintiff has filed and
relied upon the following documents vide List Exh. 5.
Sr.
No. Exhibit No. Particulars
1 Exh.6 Office copy of Invoices/Bills bearing No.
SSP122211 and SSP122212 at page No. 1 and 3.
2 Exh.7 colly. Office copy of letter dated 16/09/2017 with postal
record.
3 Exh.8 colly Three original cheques bearing No.000586,
000588, 000590 along with dishonour memo of
cheque No. 000586 at page No.13 to 16.
05] To decide the present suit, following points arose for
consideration, to which my findings are recorded against each of them
for the reasons given below:
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled to recover
an amount of Rs.5,38,390/- from the
defendant? If yes, at what rate of interest ?
No
2. What order and decree? As per final order.
R E A S O N S
As to Points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence on record.
Heard Ld advocate for the plaintiff. The plaintiff has filed claim affidavit
of Dilip Shah, Director of plaintiff as P.W.1 at Exh. 4 in support of his
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contentions and reiterated his contention in the plaint. As per the
plaintiff, both plaintiff and defendants are registered companies.
Further, as per order and instructions of the defendant, plaintiff sold,
supplied and delivered goods to the defendant. The plaintiff has raised
invoices No.SSP 122211 dated 10/07/2015 for Rs.1,88,700/- and
Invoice No.SSP 122212 dated 10/07/2015 for Rs.1,88,700/-, total
amounting to Rs. 3,77,400/-. The plaintiff has filed said invoices on
record at Exh.6. It is pertinent to note that plaintiff has not filed order
or instructions given by defendant to supply goods on record. Even,
there is nothing on record to show that said invoices are received by the
defendant.
07] It is further submitted by the plaintiff that as per the
invoices the defendant ought to have made payment within 10 days. If
defendant fails to make payment upto 45 days after leaving 10 days as
grace from invoice date, rate of interest was 18%, from 46 to 90 days
rate of interest was 24% and after 90 days rate of interest was 30%. On
perusing invoices at Exh.6, it appears that there are such terms in the
said invoices. As defendant failed to pay said outstanding amount, the
plaintiff issued letter dated 16/09/2017 through advocate to the
defendant and called upon to make payment of outstanding amount
with interest. The plaintiff has filed office copy of said notice on record
at Exh.7 colly. The plaintiff has filed receipt of courier along with office
copy of said notice however, there is nothing on record to show that
said notice is served on the defendant.
08] The plaintiff has filed three original cheques bearing
No.00586 dated 21/02/2020 for sum of Rs.50,000/-, No.00588 dated
24/08/2019 for Rs. 50,000/- and No.00590 dated 24/09/2019 for
Rs. 50,000/- issued in the name of plaintiff by the defendant. Further,
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plaintiff has filed dishonored memo of cheque bearing No.000586 vide
Exh. 8 colly. On perusing said dishonored memo, it appears that said
cheque was dishonored for reason, “payment stopped by the drawer”.
It is pertinent to note that the plaintiff has not pleaded about the said
cheque in the plaint nor cheques are referred or relied annexed to the
plaint. Thus, it appears that the evidence with respect to the said
cheque at Exh.8 colly. is beyond the pleadings. On perusing the facts
and circumstances of the case, it appears that although plaintiff has
produced the original invoices and office copy on record at Exh.13 and
14 resp. Further, suit is proceeded exparte against the defendant. Even,
plaintiff has not filed on record any delivery challan or Lorry receipt on
record to show that goods were delivered to the defendant. Further,
plaintiff has failed to prove that said invoices were received by the
defendant and he has admitted its liability in pursuant to the said
invoices. Therefore, I am of the view that plaintiff has failed to prove
that he has entitled for an amount of Rs.3,77,400/- as claimed with
interest. Therefore, I answer point No. 1 in negative. In the result,
answer to point No. 2, I proceed to pass the following order.
O R D E R
1) Summary Suit No. 244 of 2018 is hereby dismissed.
2) No order as to costs.
3) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Court Room No.81.
Date: 13/01/2026
Dictated on: 13/01/2026
Corrected & signed on:14/01/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
16/01/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 13/01/2026
JUDGMENT/ORDER signed by P. O. on 14/01/2026
JUDGMENT/ORDER uploaded on 16/01/2026
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