Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No.
952 of 2020 1
MHCC010018182020
Presented on : 11-02-2020
Registered on : 02-03-2020
Decided on : 10-07-2023
Duration : 3 Yrs, 4 M, 28 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.952 OF 2020.
Exh. 17.
M/s. Chetana Publications (India) LLP ]
a limited liability Partnership, ]
Having their registered office at ]
4th Floor, ‘B’ Wing, Building ‘E’ ]
Trade Link, Kamla City, Above, ]
Bombay Canteen, Lower Parel, ]
Mumbai-400 013. ]....Plaintiff.
Vs.
1.Master Education Society ]
New Orchid Secondary SCH , Behind ]
Nallasopara Police Station Near ]
Sacred Heart School, Nallasopara West, ]
Dist. Palghar – 401 203. ]
2. Mr. Feroz Khan. ]
Age and full Name not known, ]
New Orchid Secondary SCH, Behind ]
Nallasopara Police Station, Near- ]
Sacred Heart School, Nallasopara West, ]
Dist. Palghar – 401 203. ]...Defendants.
Appearance:
Adv. Ken Misquitta i/b Adv. Sudhakar Lakhani for the plaintiff
Defendant – Exparte.
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Judgment in Suit No.
952 of 2020 2
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :10th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.69,296/- with
interest.
Brief facts of the case are as under :
2. The plaintiff contends that it is partnership firm runs as
M/s. Chetana Book Depot. The defendant No.1 is the education
institution and defendant No.2 is its trustees. There was usual supply
and delivery of the books by the plaintiff to the defendant.
3.. The plaintiff specifically contends that in the year 2017-
2018 and 2018-2019 defendants purchased the books worth of
Rs.4,68,848/-. As per invoices, if defendants fail to pay price of books
within 30 days,therefore, they are liable to pay an amount with interest
at the rate of 18% p.a.
4. The plaintiff further contends that defendants have made
payment of total worth of Rs.2,73,850/-. Hence, they were liable to pay
balance amount of Rs. 55,523/- on 18.08.2018. Therefore, on
27.08.2019, plaintiff issued notice for Rs.68,711/- including interest
amount. Therefore, defendants replied and alleged that they have
made payment of Rs.1,50,864/-. Thereafter the plaintiff give
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Judgment in Suit No.
952 of 2020 3
explanation of total amount. However, defendants did not reply the
same. Hence, this suit.
5. Defendant Nos.1 & 2 are duly served with writ of summons
but they failed to appear. Therefore, the suit proceeded exparte against
them as per order dated 03.09.2021.
6. The plaintiff filed affidavit of evidence at Exh. 7 along with
List of Documents at Exh. 8 which he has proved in his evidence. True
copy of Power of Attorney is at Exh 9 which show Shaji John, Manager,
authorised person is appointed to depose on behalf of plaintiff. It also
filed invoices against the books sold to defendants dated 02.04.2018,
21.04.2018, 05.05.2018 and 22.08.2018 at Exh.10(colly). Ledger
account of the defendant dated 01.4.2017 to 31.03.2019 at Exh.15.
The copy of Notice issued dated 27.08.2019 along with postal
acknowledgment at Exh. 11. Reply of advocate for defendants at Exh.
12. It also tendered evidence close pursis vide Exh. 16.
7. Considering the facts, evidence and law applicable to the case,
following points arise for determination.:
Sr. No. POINTS FINDINGS
1.
Whether the plaintiff is
entitled to recover an amount
of Rs.69,296/- at the rate of
18% p.a.
....Partly Yes....
with interest @ 6%pa.
2.
Whether the suit is within the
limitation. ...Yes....
3. What order and decree? Suit is partly decreed.
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Judgment in Suit No.
952 of 2020 4
:REASON:
As to point No. 1 to 2.:
8. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
On perusal of record, it is seen that plaintiff had delivered books to
defendant No.1 from August 2018. The plaintiff has filed on record the
extract of ledger account of the defendants which show that defendants
were due to pay an amount of Rs.55,523/- on 16.05.2019. The
contents of invoice supports the contends of the plaintiff that if
defendants failed to repay an amount within 30 days from the deliver of
the goods, they are liable to pay an interest at the rate of 18 % p.a..
Defendant has paid an amount of Rs.1,42,651/- on 15.09.2019.
Considering the last date of payment, the suit is instituted on
11.02.2020 is within the limitation.
9. The plaintiff has claimed the interest at the rate of 18 %
p.a. on principal amount from 18.02.2018. However, it has not made it
clear that on which date the goods were delivered against the said
amount. Moreover, ledger account is also silent that the plaintiff has
charged interest at the rate of 18% p.a. on due amount prior to case.
Hence, in such circumstances, the interest at the rate of 6 % pa. needs
to be charged from the date of the suit. Therefore, it is held that the
plaintiff is entitled to receive an amount of Rs. 55,523/- with interest at
the rate of 6% p.a. Thus, the plaintiff is entitled to receive an amount
of Rs. 55,523/- with interest at the rate of 6% p.a. from the date of the
suit till its realization. Resultantly, point Nos. 1 & 2 are answered in
the affirmative.
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Judgment in Suit No.
952 of 2020 5
10. The suit is proceeded exparte. The suit is going to decree.
In such circumstances, it would be just and proper to direct the plaintiff
to bear the costs of the proceedings. Accordingly, in answer to point
No. 3, following order is passed :
ORDER
1. Suit No. 952 of 2020 is partly decreed.
2. Defendant Nos. 1 & 2, jointly and severally to pay an
amount of Rs.55,523/- to the plaintiff with interest at
the rate of 6% p.a. from the date of the suit till entire
amount is realised.
3. Defendants are directed to pay an amount of decree
within two months from the date of this order to
Plaintiff.
4. Both parties to bear their own cost.
5. Decree be drawn up accordingly.
6. Suit No. 952 of 2020 is disposed off accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:10.07.2023 Greater Bombay (CR 59).
Declared on : 10.07.2023
Dictated on : 10.07.2023
Transcribed on : 21.07.2023
Checked on : 21.07.2023
Signed on :
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Judgment in Suit No.
952 of 2020 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.08.2023 at 05.30 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 10.07.2023
Order signed by P.O. on 03.08.2023
order uploaded on 03.08.2023
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