Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 380/2020. 1 Ex-parte Judgment (Exh.12).
MHCC010020502020
Presented on : 23-01-2020
Registered on : 15-02-2020
Decided on : 14-03-2022
Duration : 2 years, 1 months, 22 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 380 OF 2020
Exh.12.
IVP Ltd. )
Through Its Authorised representative )
Mr. Naman Modi, age about 29 yrs. )
having office at Shashikant N. Redij Marg, )
Ghodupdeo, Mumbai – 400033 )...Plaintiff
Versus
1. M/s. Madhavan Impex )
C – 37, GVMM Road, )
Bileshwar Industrial Estate, )
Abhinandan Estate, )
Odhav Industrial Estate, )
Odhav, Ahemdabad – 382454 )
2. Mr. Rushabh Shah (Proprietor) )
C – 37, GVMM Road, )
Bileshwar Industrial Estate, )
Abhinandan Estate, )
Odhav Industrial Estate, )
Odhav, Ahemdabad – 382454 )...Defendants
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 14th MARCH, 2022.
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Comm.Suit No. 380/2020. 2 Ex-parte Judgment (Exh.12).
Shri Mahesh Joshi, Advocate for the plaintiff.
Defendants No.1 and 2 – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a reputed company engaged in the
business of manufacturing, procurement, supply, distribution, sale and
marketing of value adding chemical products for diverse industrial
application which are sold and marketed in India and also outside
India. The suit is filed by Constituted Attorney of the plaintiff company
namely Naman Modi. Defendant no.1 is sole proprietary concern
represented by defendant no.2 i.e. the proprietor and they are engaged
in the business of chemical products. The defendants placed various
orders from time to time. The plaintiff sold and supplied goods to the
defendants to their satisfaction. The plaintiff furnished details of two
credit notes and fifteen invoices (Exh.7) in para 4 of the plaint. Total
amount of Rs.11,33,216/ is due and payable from the defendants. All
these details are available in the ledger account (Exh.8) of the
defendant. As the defendants failed to pay outstanding amount, the
plaintiff issued legal notice dated 28/10/2019 (Exh.9) to the
defendants asking them to pay principal amount with interest at the
rate of 24% p.a. from respective bill due date till payment within fifteen
days from receipt of the notice, but in vain. Hence, the plaintiff filed
the suit for recovery of outstanding amount of Rs.16,23,602/ (principal
amount of Rs.11,33,216/ plus interest of Rs.4,90,386/ at the rate of
24% p.a. from due date till filing of the suit) with further interest till the
date of realization with costs of the suit.
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Comm.Suit No. 380/2020. 3 Ex-parte Judgment (Exh.12).
3. The defendants are duly served with writ of summons as
per affidavit of service (Exh.3), but they failed to appear and oppose the
claim of the plaintiff. Therefore, my learned predecessor passed the ex
parte order against them on 19/03/2021.
4. PW 1 Naman Modi, Authorized Representative of the
plaintiff company deposed on evidence affidavit (Exh.4) and proved
documents filed with list of documents (Exh.5). Proved documents are
at Exh.6 to 10. The plaintiff closed evidence vide pursis (Exh.11).
Heard learned counsel Shri Mahesh Joshi for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.16,23,602/ from the defendants ? If
yes, at what rate of interest ? In the Affirmative.
@ 12% p.a.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is partly
decreed.
REASONS
AS TO POINT NOS.1 AND 2 :
6. PW 1 Naman Modi has specifically stated that he is
authorized by the plaintiff company as per authority letter dated
06/01/2020 (Exh.6) to represent the company in the present suit. He
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Comm.Suit No. 380/2020. 4 Ex-parte Judgment (Exh.12).
further stated about sale of goods as per two credit notes and fifteen
invoices (Exh.7). All these invoices are duly signed by representatives
of the defendants acknowledging receipt of goods. Similarly, ledger
account (Exh.8) is maintained in due course and computer generated
printout of the same is placed on record. Contents in the ledger
account support to the case of the plaintiff. The plaintiff further
proceeded to issue legal notice dated 28//10/2019 (Exh.10) before
filing the suit against the defendants. In short, claim of the plaintiff is
proved from oral as well as documentary evidence on record.
7. So far as interest rate is concerned, the plaintiff has claimed
further interest without specifying the rate of interest in the prayer
clause. Considering commercial nature of transaction, interest at the
rate of 12% p.a. seems to be moderate rate of interest and it can be
granted on capitalized amount of Rs.16,23,602/. Costs of the suit is
liable to be imposed on the defendants. In the light of above discussion,
I record my finding as to point no.1 in the affirmative and as to point
no.2 in the negative. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 380/2020 is partly decreed.
2. The defendants are directed to pay amount of
Rs.16,23,602/ (Rupees Sixteen Lakhs Twentythree
Thousand Six Hundred Two Only) to the plaintiff with
further interest @ 12% p.a. from the date of the suit till the
date of realization within three months from the date of
decree.
3. The defendants shall be jointly and severally liable to pay
decretal amount to the plaintiff.
4. The defendants shall bear the costs of the suit.
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Comm.Suit No. 380/2020. 5 Ex-parte Judgment (Exh.12).
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.31)
Date : 14/03/2022. Mumbai.
1. Dictated online on : 14/03/2022.
2. Signed on : 14/03/2022.
3. 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
14/03/2022. 3.44 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 14/03/2022.
Judgment/Order signed by P.O. on 14/03/2022.
Judgment/Order uploaded on 14/03/2022.
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