Final 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.334 OF 2018
MEHTA TUBES LIMITED, a Limited
Company, at 915916, Plaza Panchshill, 9 th
Floor, 55, Hughes Road, Mumbai400007.
Mobile NO.098212203088
EMail : info@mehta.group.com. ...Plaintiff.
V/s.
1. HIVOLTRANS ELECTRICALS PRIVATE
LIMITED
A Private Limited Company.
2. GHANSHYAM VITTHAL AKRE,
Full name not known, Adult, Age not
known, Occupation : Business.
3. AMIT HRISHIKESH ROYCHOUDHARY
Full name not known, Adult, Age not
known, Occupation : Business.
4. SURESH KUMAR KHATTAR
Full name not known, Adult, Age not
known, Occupation : Business.
5. SHARAD KHATTAR
Full name not known, Adult, Age not
known, Occupation : Business.
MHCC01-001899-2018
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6. SHITIJ KHATTAR
Full name not known, Adult, Age not
known, Occupation : Business. ...Defendants.
Appearances:
Ld. Adv Mr.Krishnagopal S. Tripathi for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
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 Rs.3,19,285.39 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.
3. Plaintiff submitted that, defendant No.1 is a private limited
company registered under the Companies Act,1956 and having its
office/factory situated at the address mentioned in the title clause of
plaint. Defendant No.1 company is a closely held company of the
defendant Nos.2 to 6 who are having substantial financial and business
interest therein.
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4. Plaintiff submitted that, plaintiff sold, dispatched and delivered
606 kilograms of “Copper Tubes” materials worth Rs.3,61,127/ to
defendant vide Tax Invoice No.0516 dt.10.02.2015 through Jamnagar
Transport Service under its Lorry Receipt No.859419 dt.10.02.2015.
Defendants did not raise any dispute about the goods and invoice.
Defendant made part payment of Rs.1,85,000/ leaving behind a
principal balance sum of Rs.1,76,127/. Plaintiff, its agents and
servants repeatedly called uon defendants to pay the dues, which
defendant agreed initially, but failed and neglected to pay the
outstanding amount. Therefore, plaintiff issued legal demand notice
dt.14.01.2017 called upon defendant No.1 to pay the outstanding
amount. However, defendants did not comply the same. Therefore, at
last, plaintiff approached to this Court by filing suit against defendants
for recovery of outstanding amount.
5. Writ of summons of this suit served upon defendants. Affidavit of
service is filed at Exh.7. In spite of service defendants have not
appeared nor contested the suit. Hence, suit proceeded exparte against
defendants.
6. In support of his claim plaintiff tendered claim affidavit at Exh.8
and list of documents at Exh.9. Plaintiff proved the following
documents :
Exh. Particulars
10 Tax Invoice No.0516.
11 Ledger Account.
12 Plaintiff's legal demand notice dt.14.01.2017.
13 Legal demand notice dt.25.07.2017.
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7. On perusal of the invoice and ledger account it is proved that,
plaintiff has sold and supplied the goods to defendants from time to
time and defendants received the same. Defendants have not raised
any objection about the goods and/or invoices. Therefore, defendants
are liable to pay the outstanding amount due and payable against them.
8. In spite of receipt of service of writ of summons none appeared
on behalf of defendants to rebut the claim of plaintiff. Therefore, claim
of plaintiff remains unchallenged and unrebutted. Even the documents
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, defendants are 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 defendants have not paid the
amount. Therefore, costs of this suit needs to be saddled on defendants.
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 Nos.1 to 6 jointly and severally do pay
Rs.3,19,285/39 paise along with interest @ 18 % per
annum on principal outstanding amount to plaintiff
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from the date of filing of this suit till realization of
entire decreetal amount.
3. Defendant Nos.1 to 6 jointly and severally do bear their
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 5.42 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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