Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 02.02.2018
Registered on : 01.03.2018
Decided on : 04.09.2021
Duration : 03Y 07M 02D
EXHIBIT21
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SHORT CAUSES SUIT NO. 624 OF 2018
( CNR No.MHCC010017952018)
M/S. RELIABLE STEEL ]
DISTRIBUTORS (A Partnership Firm ]
Through it's Partner Mr. Narendra ]
Kanakraj Mehta, An adult aged ]
about 52 years, Indian Inhabitant ]
of Mumbai, Having registered office ]
at 78/80, 2d floor, C.P. Tank Road, ]
Mumbai 400 004. ]
And branch office at 29B, ]
Nakoda Bhavan, Sindhi Lane, ]
(V.P. Road), Mumbai 400004. ]
Mob. No.9821038715 ]
Email id No.sales@reliablesteel.in ].. Plaintiff.
V/s.
1. HITECH ENGG. CORPORATION ]
PVT. LTD., ]
2. MR. SANJAY JYOTIRAM AWATE]
Director of M/s. Hitech Engg. ]
Corporation Pvt. Ltd., ]
3 MR. RAJENDRA CHANDRAKANT ]
INGAWALE, ]
Director of M/s. Hitech Engg. ]
Corporation Pvt. Ltd., ]
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4. MRS. SRILAXMI NARSIMHA ]
PATRUDU KANTREDDI, ]
Director of M/s. Hitech Engg. ]
Corporation Pvt. Ltd., ]
Defendant Nos.2 to 4 adults ]
(age not known) Indian Inhabitants ]
All having common address at G17, ]
M.I.D.C. Baramati413 133 ]
District : Pune (M.S.) ]..Defendants.
Advocate Mr. S. R. Maurya for the plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 4th SEPTEMBER, 2021
JUDGMENT
The suit is instituted for the relief of recovery of Rs.
27,75,718/ along with interest on the amount of Rs. 20,79,681.39 at
the rate of 24% per annum from the date of institution of the suit till
realization of total decreetal amount.
2. It is the case of plaintiff that, it is Partnership Firm Stockist
and Dealer of Ferrous and NonFerrous Metals and other Industrial raw
materials. The defendant No.1 is a Private Limited Company whereas
the defendant Nos.2 to 4 are the Directors.
3. It is the case of plaintiff that in between 02.04.2012 to
08.09.2016, the plaintiff sold and delivered industrial raw materials to
the defendants as per their orders and requirements and raised tax
invoices from time to time. The Tax Invoices and receipts are duly
accepted, acknowledged and consumed by the defendants without
raising any dispute/objection. The defendants made payment to the
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plaintiff from time to time. The last part payment was made on
06.09.2016 by cheque/RTGS of Rs.2,09,436/. On that day, the
amount of Rs. Rs.20,79,681.39ps. Was due to the plaintiff from the
defendants. The plaintiff had maintained running business account of
the defendants in the ledger. The plaintiff continuously kept on
following up with the defendants for payment. The defendants on
28.07.2016 promised the plaintiff by Email to clear their outstanding
payment by way of making part payment of Rs.2,00,000/ per month.
However, the defendants did not honour their promise.
4. It is the case of the plaintiff that as the defendants did not
pay any sum for a long time, the plaintiff through his advocate issued
Demand Notice on 08.06.2017 calling upon the defendants to pay to
the plaintiff principal balance sum alongwith interest. The Notice was
duly served upon the defendants. However, they did not reply the
notice nor paid any amount to the plaintiff. Therefore, the plaintiff has
prayed for decree of Rs.20,79,681.39 ps. towards principal amount and
interest of Rs.6,96,037/ from 09.09.2016 to 31.01.2018 at the rate of
24% per annum on the principal balance sum of Rs.20,79,681.39 from
the date of institution of the suit till realization of total decreetal
amount.
5. The defendants were duly served vide Exhibit6. Hence, as
per the order of my learned predecessor dated 06.06.2019, suit
proceeded exparte against the defendants.
6. Considering the plaint and documents filed on record,
following points arise for my determination and my findings to them
are as stated below for the following reasons.
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Sr.
No
POINTS FINDINGS
1 Whether plaintiff proves that the defendants
are liable to pay an amount of Rs.
27,75,718/ to him ?
Partly in the
Affirmative
2 Whether the plaintiff prove that it is entitled
to the interest at the rate of 24% per annum?
Partly in the
Affirmative
3 Whether the plaintiff is entitled for relief as
prayed for?
Partly in the
Affirmative
4 What Order ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3:
7. The plaintiff has produced on record Registration
Certificate under the Indian Partnership Act 1932 at Exhibit9. It
shows that the plaintiff is registered partnership company. The plaintiff
has produced on record various invoices issued in the name of the
defendants at Exhibit10 colly . They show that the plaintiff has sold
and delivered various raw materials to the defendants from time to
time. The account extracts are produced at Exhibits11 to 15. They
show that as on 01.04.2017 the defendants were liable to pay amount
of Rs.20,79,681.39 to the plaintiff.
8. The plaintiff has produced an Email issued on behalf of the
defendants on 28.07.2016 at Exhibit16. It is mentioned in the Email
that as per the meeting between the parties and mutual agreement, the
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defendants agreed to repay the outstanding amount to the plaintiff by
monthly installment of Rs.2,00,000/ commencing from 25.08.2016 and
ending to May 2017. This shows that on 28.08.2016, the defendants
acknowledged the debt.
9. The plaintiff has produced on record Demand Notice
issued on 08.06.2017 is at Exhibit17 . The Postal Receipt and
acknowledgment are also produced on record are at Exhibits18 and 19.
They show that the Demand Notice was duly served upon the
defendants, but they failed to reply the same or pay balance amount.
Certificate under section 65B of the Indian Evidence Act at Exhibit20
is also attached alongwith the documents.
10. The defendants failed to appear before the Court to contest
the suit. Therefore, oral and documentary evidence has gone
unchallenged. The documents produced by the plaintiff on record
alogwith oral evidence clearly show that the amount of Rs.20,79,681.39
was due to the plaintiff from the defendants on the date of institution of
the suit.
11. The plaintiff has claimed interest at the rate of 24% per
annum from 09.09.2016 till 31.01.2018. However, except the condition
in the invoices, there is nothing on record to show that the interest was
agreed by the parties at the rate of 24% per annum. Therefore, merely
on the basis of invoices, the plaintiff cannot claim the interest at such a
exorbitant rate. It is necessary to reduce the same considering the
current lending rates. In my considered opinion, the interest rate of
12% would be appropriate rate of interest in the present matter. Hence,
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I answer points No. 1 to 3 partly in the affirmative and proceed to pass
the following order:
O R D E R
1. The suit is partly decreed with costs.
2. The Defendant Nos. 1 to 4 are directed to pay
jointly and severally the amount of Rs.20,79,681.39/ to
the plaintiff along with interest at the rate of 12% per
annum from 09.09.2016 to 31.01.2018 within 60 days of
the date of this order.
3. Decree be drawn up accordingly.
4. The Suit stands disposed of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 04.09.2021 Gr.Mumbai.
Dictated on: 04.09.2021
Typed on : 04.09.2021
Signed on : 04.09.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09.09.2021 AT 4.15 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
04.09.2021
Judgment/Order signed by P.O. on 04.09.2021
Judgment/Order uploaded on 09.09.2021
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