Interim Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 465/2020. 1 Ex-parte Judgment.
MHCC010020182020
Presented on : 15-02-2020
Registered on : 07-11-2020
Decided on : 30-03-2021
Duration : 1 years, 1 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 465 OF 2020
Exh.15.
M/s. Dahisar Distilleries Pvt. Ltd. )
A company registered under )
Indian Companies Act 1956, )
Having address at 9, Kings Quarters, )
Kings Building Compound, )
Behind Petrol Pump, Chamarbaugwala, )
Parel, Mumbai 400 012 )...Plaintiff
Versus
M/s. Jalgaon Wine Agency, )
179, Polan Peth, Choube House, )
Jalgaon 425001, Pin Code413520 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 30th MARCH, 2021.
Ms. Megha Jani, Advocate for Plaintiff.
None for Defendant. (Exparte).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.20,22,914/ (Rupees
Twenty Lakhs Twentytwo Thousand Nine Hundred Fourteen Only)
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Comm.Suit No. 465/2020. 2 Ex-parte Judgment.
with interest at the rate of 24% p.a. The suit is based on invoices and
statement of account.
Plaintiff's case is narrated as follows :
2. Plaintiff is a private limited company and manufacturer of
Special Spirit, Rectified Spirit, O.D.S. Neutral Alcohol, Country Liquor
and Foreign Liquor. Defendant is a wine agency. Around the year
2015, the plaintiff approached the defendant for sale of country liquor
i.e. JKCT Badishep and Special Santra and thereafter the defendant
placed order for the same from the year 2015. Pursuant to the receipt
of the orders from the defendant, the plaintiff has supplied the required
alcoholic beverages and raised various invoices for the amount
aggregating to Rs.10,56,536/ (Rupees Ten Lakhs Fiftysix Thousand
Five Hundred Thirtysix Only). The alcoholic beverages were sent to
the defendant through excise transport passes issued by SubInspector
of State Excise as the same were issued from the Bonded Warehouse
under Excise Supervision. All the consignments of alcoholic beverages
were delivered on time to the defendant and no any complaint
regarding quality or quantity of the same is made by the defendant to
the plaintiff. As per the terms of the Purchase Orders, the defendant
was liable to pay the amount within 30 days from the date of the
invoice. Out of aggregate amount of Rs.10,56,536/ (Rupees Ten Lakhs
Fiftysix Thousand Five Hundred Thirtysix Only), plaintiff received a
sum of Rs.93,243/ (Rupees Ninetythree Thousand Two Hundred
Fortythree Only) by way of part payment against the invoices raised.
Despite repeated request made by the plaintiff for balance payment as
agreed and assurance given by the defendant for the same, the
defendant failed and neglected to make payment of the balance
amount. Therefore, the plaintiff through advocate's letter dated
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Comm.Suit No. 465/2020. 3 Ex-parte Judgment.
23/03/2019 called upon the defendant to pay the balance amount of
Rs.9,63,293/ (Rupees Nine Lakhs Sixtythree Thousand Two Hundred
Ninetythree Only). But the defendant failed to make the payment.
Hence, this suit.
3. As per roznama dated 08/03/2021, service affidavit is filed
by plaintiff at Exh.2. On perusal of endorsement of postal department,
defendant has refused to accept the summons sent by RPAD. Hence,
the suit is proceeded exparte against the defendant.
4. In support to the plaint, plaintiff has examined only one
witness and closed the evidence vide pursis Exh.14. PW 1 Pundlik
Bhaskar Achari submitted claim affidavit vide Exh.3 alongwith list of
documents Exh.4. Various documents alongwith list vide Exh.4 are
marked from Exh.5 to 13. The office copy of Invoice No. 000201 dated
17/06/2015 is at Exh.8. The office copy of Invoice No. 000359 dated
10/08/2015 is at Exh.9. The original transport pass issued by Sub
Inspector of State Excise against Invoice No. 000201 is at Exh.10 and
against Invoice No. 000359 is at Exh.11. The notice dated 23/03/2019
was issued by plaintiff through advocate to the defendant. It was sent
by RPAD. The copy of notice alongwith original returned envelope is
marked Exh.12. Perused statement of account for the period from
01/04/2017 to 31/03/2018 vide Exh.13. Failure of defendant to
appear before the Court infers that he admits the suit claim. Hence, the
suit deserves to be decreed.
5. The interest claimed by the plaintiff at the rate of 24% p.a.
appears to be exorbitant. The interest at the rate of 12% p.a. appears to
be appropriate. Hence, the order :
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Comm.Suit No. 465/2020. 4 Ex-parte Judgment.
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.20,22,914/ (Rupees
Twenty Lakhs Twentytwo Thousand Nine Hundred
Fourteen Only) with interest @ 12% p.a. from the date of
suit till realization, within two months from the date of
decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 30/03/2021. Mumbai.
1. Dictated on : 30/03/2021.
2. Transcribed on : 30/03/2021.
3. Signed on : 31/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
31/03/2021. 3.46 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 30/03/2021.
Judgment/Order signed by P.O. on 31/03/2021.
Judgment/Order uploaded on 31/03/2021.
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