Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 13.02.2019
Registered on : 06.03.2019
Decided on : 05.02.2020
Duration : Year 00 Month11 Days01
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.379 OF 2019
(CNR NO. MH CC010018402019)
Exhibit19
M/s. Modernizing Trends Pvt. Ltd.
Formerly known as M/s Modern Sales Agency
(India) Pvt. Ltd.
A Private Limited Company registered under
the provision of Companies Act 1956 and
having it registered offic e G-3, Neel Madhav,
V.P. Road Near Hira Mongi Navneet Hospital,
Mulund (West), Mumbai- 400080.
Through authorised Representative
Mr. Kumar Motomal Gurnani. ….Plaintiff
V/s.
M/s. Electromech Automation Pvt. Ltd.
Having registered address at.
152, 1st floor, V Mall, Thakur Complex,
Near Sai Dham, Kandivali – East,
Mumbai – 400 101. ... Defendant
SUIT FOR RECOVERY OF RS.66,504/
Appearance:
Ms.Mausama Ansari, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 5 th February, 2020
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2 Sum. Suit No.379 of 2019
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a private limited company registered under
Company Act 1956, carrying out business as dealer and allied products.
Defendant is private limited company Pursuant to the purchase Order
received from the Defendant's at Plaintiff supply goods worth Rs.
1,93,334/ to the defendant vide invoices dated 31 st July 2017. The
defendant has made part payment of Rs. 93,334/ to the plaintiff. On
the various requests of the plaintiff the defendant issue cheque dated
13/11/2017 for remaining balance of Rs. 1,00,000/. The said cheque
was dishonored when deposited by the plaintiff with his bankers then
after the defendant has paid amount of Rs. 50,000/ to the plaintiff. It
is the case of the plaintiff that defendant has failed to pay remaining
amount of Rs. 50,000/. According to plaintiff on the date of the file of
suit defendant is liable to pay amount of Rs. 66,504/. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.66,504/.
3. The suit summons were duly served on the defendant but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
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3 Sum. Suit No.379 of 2019
Sr.
No.
POINTS FINDINGS.
1. What is due and payable
from the defendants to the
plaintiff ?
A] If yes, what would be the
rate of interest?
Amount of
Rs.66,504/ with
interest
@ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. The witness – Kumar Motumal Gurnani Authorised officer of the
plaintiff has filed his affidavit at Exhibit 6. In order to prove the case
of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit8 True extract of board resolution dated 10/04/2016
Exhibit9 Computer generated Purchase
Order and email both dated
26.07.2017 along with certificate
u/s 65 Evidence Act.
dated 26/07/2017
Exhibit10 Office copy of invoice Dated 15.08.2017
Exhibit11 Original cheque no. 197086 dated 15.08.2017
Exhibit 12 True copy of ledger of account
maintained by the plaintiff for the
accounting year 20172018
maintained by plaintiff with
respect to transaction had with
Defendant alongwith certificate
u/s 65 of Evidence Act.
Dated
01/04/2017 to
24.05.2018
Exhibit 13 Original cheque return memo dated 14/11/2017
Exhibit14 Original Balance confirmation
letter
dated 03/04/2018
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4 Sum. Suit No.379 of 2019
Exhibit15 Office copy of the legal notice
issued by the advocate by the
plaitiff
Dated 19.06.2018
Exhibit 16 Original postal receipt Dated 22.06.2018
Exhibit 17 Original AD Card
AS TO POINT NO.1
6. All the documents produced by the plaintiff at Exhibit 8 to 17
goes to establish that plaintiff has sold and delivered total goods worth
of Rs.1,93,334/ to defendants. The documents further prove that the
amount of Rs.66,504/ is due and payable to the plaintiff company from
defendants towards delivered of goods. But, defendants failed to pay
total amount of Rs.66,504/ towards purchase of goods. The documents
at Exhibit8 to Exhibit17 goes to establish that defendant is liable to
pay Rs.66,504/ to the plaintiff on the date of filing of the suit towards
the purchase of goods and therefore the defendant has failed to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitle to recover sum of Rs.66,504/ from the defendant.
7. The plaintiff has claimed 24% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 6% per annum, if the transaction is commercial and
there is contract of pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is no express
contract as to rate of interest annum existing between the parties as to
the rate of interest which shall be levied. Therefore, the transaction is
being commercial transaction be rate of interest at the rate of 10% per
annum would be just and proper to be awarded on the principal sum
adjudged i.e. amount of Rs.66,504/. Hence, point no.1 is answered in
the affirmative.
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5 Sum. Suit No.379 of 2019
As to point no.2:
8. In view of discussion and finding on point no.1 it is held that the
plaintiff is entitled to recover Rs.66,504/ from the defendant with
interest at the rate of Rs.10% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2 I proceed to pass
the following order :
: ORDER:
1. The defendant shall pay Rs.66,504/ (Rupees Sixty Six
Thousand Five Hundred Four Only) to the plaintiff with
interest at the rate of 24% per annum from the date of
filing of the suit till its realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(Smt. S. G. Shaikh)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 05/02/2020
Dictated on : 05.02.2020
Typed on : 05.02.2020
Signed on : 13.02.2020.
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6 Sum. Suit No.379 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
13.02.2020 4.45 p.m. Mrs. Varsha Ghanekar
(Board Clerk)
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 05.02.2020
Order signed by P.O. on 13.02.2020
Order uploaded on 13.02.2020
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