Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 05.02.2018
Registered on 16.03.2018
Decided on 24.01.2019
Duration Yrs. M. Days
10 08
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.333 OF 2018
MEHTA TUBES LIMITED,
a Limited Company, at 915916, Plaza
Panchsheel, 9th Floor, 55, Hughes Road,
Mumbai400007.
Mobile NO.098212203088
EMail : info@mehta.group.com. ...Plaintiff.
V/s.
KRISHNA PRASAD U.
Full name not known, adult, age not known
Occupation : Business, Proprietor “VIDHAI
MEDICAL GASES & MODULAR THEATERS”,
at 232/17, Srisam Nilayam, Sitarama
Street, near Andhra Bank, Lakshmi Nagar,
S.N. Puram, VIJAYWADA – 520001 (Andhra
Pradesh),
Mobile No.08885727888
Email : vmedicare@gmail.com. ...Defendant.
Appearances:
Ld. Adv Mr.Krishnagopal S. Tripathi for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
MHCC01-001898-2018
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CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 24th January,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.2,13,892/51 paise with interest.
2. In short, plaintiff came with a case that, plaintiff is a limited
company duly registered under the Companies Act,1956 and having its
registered office/factory situated at Char Rasta, Non Pondha, Taluka –
Dharampur, Valsad – 396126, Gujarat. Plaintiff is also having its
factory situated at Plot No.100101, Panchal Udyog Nagar, Bhimpore,
Daman – 396 210. Plaintiff is engaged in the business as manufacturer
and exporters of “Copper and Copper Alloy Tubes, Strips and Profiles”
materials. Defendant is engaged in the business as Proprietor of Vidhai
Medical Gases and Modular Theaters, having place of business situated
at the address mentioned in the address clause.
3. Plaintiff submitted that, pursuant to the email order of defendant,
plaintiff sold, dispatched and delivered 1,121.20 kilograms of “Copper
Pipe/Tubes” materials worth sum of Rs.5,71,014/ to defendant vide
Tax Invoice No.0781 dt.09.02.2018 through Megha Parcel Service
under its consignment Note No.VAPI 2/1516/32751 dt.11.02.2016.
Defendant without raising any dispute of whatsoever nature and even
consumed by defendant to his transaction. In the due course of time
defendant made a part payment of sum of Rs.4,24,973/ to plaintiff,
leaving behind a principal balance sum of Rs.1,46,014/ with interest.
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4. Plaintiff submitted that, in discharge of his liability in part,
defendant issued a cheque bearing No.000455 dt.10.05.2016 for
Rs.98,000.. However, the said cheque came to be dishonoured with
reason “Funds Insufficient” when presented in the bank for encashment.
Therefore, plaintiff issued statutory legal demand notice dt.23.08.2016
to defendant under Section 138 of NI Act and called upon defendant to
pay the outstanding amount. Defendant informed that, due to financial
difficulties payment could not be made and requested for some time.
However, defendant failed and neglected to pay the amount. Thus,
plaintiff issued fresh legal demand notice dt.25.07.2017 to defendant
calling upon defendant to pay the principal balance sum of
Rs.1,46,014/ with interest. However, defendant did not comply the
same. Therefore, plaintiff approached to this Court by filing suit
against defendant for recovery of outstanding amount.
5. Writ of summons of this suit served upon defendants. In spite of
service defendant has not appeared nor contested the suit. Hence, suit
proceeded exparte against defendants.
6. In support of his claim plaintiff tendered claim affidavit at Exh.6
and list of documents at Exh.7. Plaintiff proved the following
documents :
Exh. Particulars
8 Tax Invoice No.0781.
9 Ledger Account.
10 Cheque and returned cheque memo.
11 Stautory Demand Notice dt.23.08.
12 Demand Notice through Advocate dt.25.07.2017
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7. On perusal of the invoices, lorry receipts it is proved that, plaintiff
has sold and supplied the goods to defendants from time to time as per
order of plaintiff and defendant received the same. Defendant has not
raised any objection about the goods and/or invoices. Therefore,
defendant is liable to pay the outstanding amount due and payable
against them.
8. In spite of receipt of service none appeared on behalf of
defendant to rebut the claim of plaintiff. Therefore, claim of plaintiff
remains unchallenged and unrebutted. Even the document proved by
plaintiff remain uncontroverted. Therefore, I have no hesitation to
accept the claim and suit filed by plaintiff for recovery under O.XXXVII
R.2 of C.P.C. As per terms and conditions as mentioned in invoices,
defendant is liable to pay interest @ 18% on the outstanding due
amount. Therefore, plaintiff is liable to recover the outstanding amount
with interest @ 18% per annum. In spite of repeated demand and
opportunity defendant has not paid the amount. Therefore, costs of this
suit needs to be saddled on defendant.
9. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.2,13,892/51 paise along with
interest @ 18 % per annum on principal outstanding
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amount to plaintiff from the date of filing of this suit till
realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 24/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 24.01.2019
Transcribed on : 24.01.2019
Signed on : 24.01.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.01.2019 at 5.43 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 24.01.2019
Judgment/order signed by P.O. on 24.01.2019
Judgment/order uploaded on 24.01.2019
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