Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.249/2018
Received on : 02.02.2018
Registered on : 02.02.2018
Decided on : 03.01.2019
Duration : Y M D
00 11 00
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 249 OF 2018
CNR NO.: MHCC010017922018
Exh.13
Rudaram Dungraramji Choudhary ]
Son of Dungraramji Choudhary, age – 54years, ]
Occupation : Business, carrying on business under ]
name and style of “SAGAR METAL INDUSTRIES” ]
at 51, Heera Kunj, 1st Kumbharwada, ]
Mumbai – 400 004 (Maharashtra). ]
Mobile No.: 09869505136 ]
Email: sagarmentalind@yahoo.com ]...Plaintiff.
V/s.
S.G. Murugan ]
Full name not known, Adult, Age not known, ]
Occupation : Business, Sole Proprietor “MASTER ]
ENGINEERING CO.” at Plot No.15, Opposite ]
Troika, Bagalur Road, Uliyam, Nallur Post, ]
Hosur – 635109, Krishnagiri District (Tamil Nadu) ]
Mobile No. 08079455387 ]...Defendant.
Appearances:
Advocate Mr. Tripathi for the plaintiff.
Defendant exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 3rd JANUARY, 2019.
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[ J U D G M E N T ]
Plaintiff case in short are as under :
1. Plaintiff is carrying on business under the name and style of
“SAGAR METAL INDUSTRIES” and engaged in the business of ferrous
and nonferrous metals, including “S.S. Pipes and fittings” materials.
Plaintiff has further stated that defendant is carrying on business under
the name and style of “MASTER ENGINEERING CO.” as Proprietor.
Plaintiff had sold goods worth of Rs.12,39,422/ to the defendant, vide
11 Tax Invoices against 45 days credit payment basis and Form 'C' as
required to be issued under the Central Sales Tax Act, 1965. Goods
were received and acknowledged by the defendant. Defendant neither
disputed nor raised any objection about the nature of goods, despite
receipt of statutory legal demand notice.
2. Plaintiff has further stated that all the original 11 Tax Invoices,
seven consignment notes, one Carriage Note, one Luggage Slip and
Delivery Challans are in the possession of the defendant. Defendant
made a part payment of total sum of Rs.3,00,000/ and it was adjusted
against plaintiff's three Tax Invoices No.1082, 1090 and 1993 in full
and partly in respect of 1099.
3. Plaintiff has further stated that defendant is liable to pay a total
principal sum of Rs. 9,39,422/ to the plaintiff alongwith accrued
interest @ 24% p.a. Plaintiff has further stated that defendant towards
discharge of his liability issued three cheques in favour of the plaintiff.
However, three cheques were returned dishonoured by the Banker of
the defendant. Plaintiff contacted the defendant who agreed and
promised to pay the outstanding amount at the earliest. Plaintiff has
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further stated that he has sent a legal demand Notice dated 01.01.2018
to the defendant calling upon him to pay Rs. 9,39,422/ alongwith 24%
interest.
4. It appears that in the present matter defendant did not appear
and failed to apply to leave to defend. Therefore, matter has proceeded
further without appearance of defendant.
5. Heard the Ld. Advocate for the plaintiff.
6. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether the plaintiff is entitled to
get Rs.13,44,351.75 alongwith
further interest on the principal
amount of Rs.9,39,422/ @ 24% p.a.
from the date of filing of the suit till
its realization?
...Partly in the
affirmative.
2. What Order ? ...As per final order
REASONS
7. Plaintiff has filed his claim affidavit below Exh.6. Plaintiff relied
upon the following documents as documentary evidence which are as
under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Plaintiff's Eight Tax Invoices/alongwith
corresponding Carriage Note/Consignment
Notes, Delivery Challans and available
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Purchase Orders.
2. Exh.9 Three (Original) cheques and three (Original)
Return Memos outward Clearing (CTS).
3. Exh.10 Three emails, Three fresh (Original) Cheques
and 3 (Original Cheque Return Memos).
4. Exh.11 Statutory Legal Demand Notice dated
17.10.2017, 2 registered Post Receipts and 2
registered Post Acknowledgement Cards.
5. Exh.12 Legal Demand Notice dated 01.01.2018 along
with registered Post Receipt and
Acknowledgement and Returned letter
envelope.
AS TO POINT NOS. 1 AND 2:
8. Plaintiff has stated in his claim affidavit below Exh.6 that
he supplied materials worth of Rs.12,39,422/ to the defendant vide 11
Tax Invoices against 45 days credit payment and Form 'C' as required to
be issued under the Central Sales Tax Act, 1956. Plaintiff has stated
that the Tax Invoices dates are as under :
Sr. No. Tax Invoice Date Amount (Rs.)
1. 1082 16.02.2016 1,16,625/-
2. 1090 26.02.2016 80,526/-
3. 1093 26.02.2016 16,312/-
4. 1099 07.03.2016 6,22,208/-
5. 1112 26.03.2016 76,314/-
6. 1119 31.03.2016 56,625/-
7. 1124 02.04.2016 62,458/-
8. 1127 06.04.2016 44,584/-
9. 1147 21.04.2016 37,132/-
10. 1149 27.04.2016 66,366/-
11. 1150 29.04.2016 60,272/-
9. Plaintiff has further stated that defendant neither disputed nor
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raised any objection about nature of goods, despite receipt of Statutory
Legal Notice dated 17.10.2017 on 25.10.2017. Plaintiff has stated that
defendant made a part payment of total sum of Rs. 3,00,000/ and
therefore, defendant is liable to pay a total principal sum of Rs.
9,39,422/ @ 24% interest per annum. It appears that in the Tax
Invoice Copy also adduced the conditions is stated that interest 24%
p.a. will be charged if money is not paid by the defendant. Plaintiff has
further stated in his evidence that defendant issued three cheques in
favour of plaintiff towards discharge of his liability and they were
dishonoured. He has further stated that defendant by his emails dated
22.11.2016 and 30.12.2016, agreed to release payment and made part
payment of Rs. 1,00,000/. He has further stated that defendant is liable
to pay a principal amount of Rs.9,39,422/. It appears that plaintiff has
produced below Exh.7 the documents which are Eight Tax Invoices,
Tax Invoice, Consignment Notes, Delivery Challans, three original
cheques issued by defendant alongwith Bank Memos showing that the
cheques were dishonoured. Plaintiff has also produced the copy of
emails sent by defendant that acknowledging his liability. Plaintiff has
produced copy of Demand Notice and Postal Acknowledgement of the
cheques. The oral evidence of plaintiff coupled with all these documents
proved that though defendant was supplied with goods he failed to pay
the consideration and therefore, defendant is liable to pay Rs.9,39,422/
to the plaintiff. As per the conditions stated on the Invoices, plaintiff is
also entitled to get interest @ 24% p.a. on such amount till filing of the
suit. Therefore, plaintiff is entitled to get a sum of Rs. 13,44,351.75
from the defendant.
10. It appears that after filing of the suit till its realisation directing
the defendant to pay interest @ 24% p.a. will be very huge, hence, it
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will be proper to direct him to pay interest @ 9% p.a. from the date of
filing of the suit till its realisation on the principal sum of Rs.
9,39,422/. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs.13,44,351.75 to
plaintiff along with interest @ 9% p.a. on the principal amount of
Rs.9,39,422/ from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
(S.P. AGARWAL)
Judge,
Date: 03.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.01.2019
Transcribed on : 03.01.2019
Signed on : 03.01.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.01.2019 At 5:44 pm. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
03.01.2019
Judgment/Order signed by P.O. on 03.01.2019
Judgment/Order uploaded on 04.01.2019
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