Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SU IT NO.679/2018 1
Received on : 08022018
Registered on : 02072018
Decided on : 01082019
Duration : 01Y 05M 22D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 679 of 2018
(CNR NO.: MHCC010020752018)
M/s.Premier Electronics
A proprietary concern having their address
B/8, Panditalaya Building, 3rd floor, Chunam Lane,
Lamington Road, Mumbai 400 007.
Through Mr.Ganesh Sohanraj Choudhury ...Plaintiff
Versus
Alfa Electronics Services(India)Pvt.Ltd.
D.No.49225, Sri Sai Mansion,
Lalitha Nagar, Visakhapatnam530016
Andhra Pradesh
ALTERNATE ADDRESS
Alfa Electronics Services(India)Pvt.Ltd.
49515/1,Plot No.19, Shankarmatam Road,
Shantipuram, Opp.Total Sports, Visakhapatnam530016
Andhra Pradesh
Phone:708912790944. ….Defendants
Appearances:
Advocate Mr.Suryavanshi for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 1ST AUGUST 2019
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SUMMARY SU IT NO.679/2018 2
J U D G M E N T
This is a suit for recovery of Rs.3,44,603/(Rupees Three Lacs
Forty Four Thousand Six Hundred and Three only).
2. Plaintiff case in nut shell is that as per the orders of defendant
plaintiff had sold, supplied and delivered through invoices,electronic
components to defendants. Defendants failed to pay the amount of
goods. Defendant is in default of Rs.3,44,603/(Rupees Three Lacs Forty
Four Thousand Six Hundred and Three only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
he has supplied goods to
defendant?
Yes
2. Whether plaintiff proves that
amount of Rs.3,44,603/(Rupees
Three Lacs Forty Four Thousand
Six Hundred and Three only) is
due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.3,44,603/(Rupees
Three Lacs Forty Four Thousand
Yes
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SUMMARY SU IT NO.679/2018 3
Six Hundred and Three only) with
interest as claimed?
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Ganesh Sohanraj Choudhary vide
Exh.7 and filed the office copy of invoices, bank statement, ledger
statement, copy of demand notice, postal receipt and particular of
claim.
6. Heard Ld.counsel for plaintiff and perused written notes of
arguments Exh.9 filed by plaintiff.
7. The affidavit is supported by documents the office copy of
invoices, bank statement, ledger statement, copy of demand notice,
postal receipt and particular of claim shows that as per the orders of
defendant plaintiff had sold, supplied and delivered through
invoices,electronic components to defendants. Defendants failed to pay
the amount of goods. Defendant is in default of Rs.3,44,603/(Rupees
Three Lacs Forty Four Thousand Six Hundred and Three only). As far as
rate of interest is concerned plaintiff has prayed for rate of 18% p.a.
The said rate of interest is mentioned in invoices and can be granted.
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SUMMARY SU IT NO.679/2018 4
Therefore, point No.1 to 3 is answered as 'Yes' and following order is
passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs.3,44,603/
(Rupees Three Lacs Forty Four Thousand Six Hundred and Three only)
with interest @ 18% p.a. from the date of filing of the suit till full and
final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 01/08/2019 City Civil Court,Gr. Bombay
Dictated on : 01/08/2019
Transcribed on : 07/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/08/2019 at 11.35p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
01/08/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 19/08/2019
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