Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010019752019
Presented on :14-02-2019
Registered on : 21-02-2019
Decided on : 14-03-2020
Duration : 01Ys.01Ms.0Ds.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
COMMERCIAL SUIT NO.01 OF 2019
GAJENDRA VARDIDAS AGRAWAT
An Indian adult residence of Mumbai
aged 49 years and trading in the
name and style of Gajrup Textile Mills
at 339/41, Ground Floor, Jalan Bhavan
4, Badamwadi, Mumbai-400 002. ...Plaintiffs
V/s
1. VISHAL VRINDAVAN
A firm carrying on business from
E-10/4094, 8, Banda Bahadur Nagar,
Bahadur K.Road, Dyeing Colony,
Ludhiana, Punjab-141 008
And also doing business at
Ground and First Floor,
Baldev Property Wala Building.
Binder Market, P.O.Battia,
Bahadur K.Road, Ludhiana,
Punjab-141 008.
2. VESHAL ANEJA
Full name not known, age not known
occupation busisnessman, sole
proprietor of M/s.Veshal Vrindavan
having residence at 42,
Mohinder Colony, Amritsar,
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Punjab 143 001
And also at C/o Rieshma Sales,
193, City Centre, Near LTC Office,
Opposite Bus Adda and Chand Suraj,
Amritsar, Punjab 143 001. ....Defendants
APPEARANCE:-
Advocate Arman Grewal for plaintiff.
None for defendant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO.32)
DATE : 14th March, 2020
EXPARTE JUDGMENT
This is the suit for recovery of Rs.5,37,281/-alongwith interest.
2. This is the suit for recovery of amount of Rs.5,37,281/-alongwith
interest at the rate of 18% p.a. The plaintiff sold and supplied to the
defendant goods, i.e.clothing material. The defendants agreed to pay
the dues as per the invoices within ninety days of issue, failing which
they would pay interest at the rate of 1.5% p.m. The defendants raised
no objection as to rate, quality or quantity. The defendants issued
cheques and made part payment via NEFT/RTGS to the plaintiff. The
balance amount, the defendants issued cheques as under:-
(i) Cheque No.000177 of HDFC Bank.
(ii) Cheque No.000178 of HDFC Bank
(iii) Cheque No.000277 of HDFC Bank.
(iv) Cheque No.000278 of HDFC Bank.
(v) Cheque No.00279 of HDFC Bank.
(vi) Cheque No.00278 of HDFC Bank.
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The cheques, when presented for payment by the plaintiff to their
bankers, were all dishonoured with the remark “Funds Insufficient”.
Therefore, the defendants made no payment of the balance amount in
spite of repeated demands and requests made by the plaintiff in that
regard. Hence, the defendants legal notice bearing reference
no.S/309/2018 dated 20/10/2018. The notice was not accepted at the
address of the defendants at the business address. Thereafter, the
notice was sent to the residence of the proprietor of the defendants,
where the defendants did not accept the notice. The defendants have
avoided all attempts made by the plaintiff to contact them, and have
also avoided the plaintiff’s attempt to serve the demand notice upon
them. Therefore, the suit.
3. Writ of summons was issued to the defendants. The service
affidavit is also on record. Inspite of the same, defendant did not appear
in the matter and did not contest the suit. Therefore, the suit is
proceeded exparte against defendant. Affidavit of evidence of P.W.No.1
Mr.Gajendra Vardidas Agrawat (Exh-3), List of documents (Exh-4), Six
cheques alongwith cheque return memo’s (Exh-5 colly.), Three sealed
envelops annexed with postal acknowledgment (Exh-6 colly.), Office
copy of notice dated 20/12/2018 (Exh-7), List of witnesses (Exh-8),
Affidavit of examination of P.W.No.2 Rameshkumar Magniram Trivedi
(Exh-9), Document at Sr.Nos.1 to 5 (05 tax invoices) (Exh-10 colly.),
Document at Sr.No.12 (computerized ledger account of defendant
maintain by plaintiff in the regular course of business) (Exh-11),
Evidence closing pursis (Exh-12).
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4. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is proceeded
exparte against defendants. No rebuttal evidence is brought on record
by the defendants to disbelieve the version of the plaintiff to hold that
the amount which is claimed is due and payable to the plaintiff by the
defendants with interest.
5. Hence, I pass following order.
ORDER
1) Suit is decreed with costs.
2) Defendants do pay jointly and severally principal amount of
Rs.5,37,281/-with interest @18% p.a. to the plaintiff till
realization of entire amount within three months.
3) Necessary Court fee stamp be refunded to the plaintiff if rule
permits.
4) Decree be drawn up accordingly.
Date:-14/03/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :- 14/03/2020
Typed on :- 16/03/2020
H.H.J.Signed on :- 16/03/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16/03/2020 at 11.00 a.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R.NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
14/03/2020
JUDGMENT/ORDER signed by P.O. on 16/03/2020
JUDGMENT/ORDER uploaded on 16/03/2020
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