Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 721/21. 1 Ex-parte Judgment (Exh.22).
MHCC010020762018
Presented on : 08-02-2018
Registered on : 23-08-2018
Decided on : 03-02-2022
Duration : 3 years, 11 months, 23 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 721 OF 2021
(ORIGINAL SUMMARY SUIT NO. 867 OF 2018)
Exh.22.
M/s. Premier Electronics )
A proprietary concern having their address )
B/8, Panditalaya Building, 3rd Floor, )
Chunam Lane, Lamington Road, Mumbai 400007 )
Through Mr. Ganesh Sohanraj Choudhury )
Aged 45 years )...Plaintiff
Versus
1) Multiland Electronics Pvt Ltd )
Registered Office: )
28P, Kiadb Industrial Area, )
4th Phase, Banglore )
Karnataka 560099, India )
2) Sagiraju Purushothama Raju )
37A, 12 th A Cross, 6th Main, J P Nagar, )
3rd Phase, Bangalore )
Karnataka560078 India )
Age: Not known )
3) Sagiraju Balaraju )
37A, 12 th A Cross, 6th Main, J P Nagar, )
3rd Phase, Bangalore )
Karnataka560078 India )
Age: Not known )
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Comm.Suit No. 721/21. 2 Ex-parte Judgment (Exh.22).
4) Sagiraju Purushotham Radha )
37A, 12 th A Cross, 6th Main, J P Nagar, )
3rd Phase, Bangalore )
Karnataka560078 India )
Age: Not known )...Defendants
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 3rd FEBRUARY, 2022.
Shri Mukesh Pabari, Advocate for the plaintiff.
Defendants No.1 to 4 – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is the sole proprietary concern
represented by its proprietor Ganesh Choudhury and it is engaged in
the business of import and making stock of industrial electronics
components. Defendant no.1 is a private limited company registered
under the provisions of the Companies Act represented by Directors i.e.
defendants no.2 to 4. The defendants purchased electronics
components from the plaintiff. These goods were sold, supplied and
delivered to the defendants at their desired destination as per seven
invoices alongwith respective Fedex Shipments and Esugam Forms
issued by the Department of Commercial Taxes, Karnataka worth
Rs.6,19,146/ during 24/10/2016 to 14/11/2017 as pleaded in para 4
and 16 of the plaint. The defendants accepted delivery of goods and
made promise that they will make the payment of the said goods.
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Comm.Suit No. 721/21. 3 Ex-parte Judgment (Exh.22).
Subsequently, the defendants paid Rs.2,06,130/ on various dates
during 07/04/2017 to 13/11/2017 as enumerated in para 6 of the
plaint. Therefore, amount of Rs.4,13,016/ is outstanding as shown in
ledger statement (Exh.15). As the defendants failed to clear outstanding
dues, demand notice dated 23/01/2018 (Exh.16) was issued and it was
duly served upon defendants no.2 to 4 on 29/01/2018 as per
acknowledgement and report of postal authority (Exh.17 colly.).
Defendant no.1 refused the envelope containing the notice. The
defendants failed to act upon the notice. Therefore, the plaintiff filed
the suit claiming total amount of Rs.4,71,726/ (principal amount of
Rs.4,13,016/ and interest of Rs.58,710/) with further interest at the
rate of 18% p.a. on principal amount of Rs.4,13,016/ from the date of
suit till the date of realization with costs.
3. The defendants are duly served with writ of summons as
per affidavit of service (Exh.5), but they failed to appear and oppose the
claim of the plaintiff. Therefore, my learned predecessor passed the ex
parte order against them on 17/10/2019.
4. PW 1 Ganesh Choudhury, the plaintiff deposed on evidence
affidavit (Exh.7) and proved documents filed with list of documents
(Exh.8 and 12). Proved documents are at Exh.13 to 20. The plaintiff
closed evidence vide pursis (Exh.21). Heard learned counsel Mukesh
Pabari 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 :
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Comm.Suit No. 721/21. 4 Ex-parte Judgment (Exh.22).
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.4,71,726/ (including accrued
interest) alongwith further interest ? 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 Ganesh Choudhury has specifically stated that
electronics components were sold and supplied to the defendants on
their request. He proved seven invoices with Fedex Shipments and E
sugam Forms (Exh.13 colly.). All these documents are sufficient to
prove sale and delivery of goods made to the defendants by the
plaintiff. The plaintiff has placed on record his bank account statement
regarding his account maintained with HDFC Bank, Grant Road Branch
(Exh.14). Exh.14 proves part payment of Rs.2,06,130/ made by the
defendants by depositing the amounts in the account of the plaintiff
during 07/04/2017 to 13/11/2017. It is a kind of admission fortifying
to the fact of sale of goods made to the defendants by the plaintiff. The
plaintiff has proved demand notice dated 23/01/2018 (Exh.16) and
service of the same upon the defendants as per documents of postal
authority (Exh.17 colly.). In addition to it, balance amount of
Rs.4,13,016/ reflected in the ledger account (Exh.19) maintained by
the plaintiff. In short, claim of the plaintiff is made out from oral and
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Comm.Suit No. 721/21. 5 Ex-parte Judgment (Exh.22).
documentary evidence on record. So far as further interest is
concerned, there is no contractual rate of interest agreed between the
parties. Interest claimed by the plaintiff is exorbitant and it warrants
reasonable reduction. Therefore, further interest at the rate of 12% p.a.
can be granted on the principal amount of Rs.4,13,016/. 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.
Hence, I pass the following order :
ORDER
1. Commercial Suit No. 721/2021 is partly decreed.
2. All defendants are directed to pay amount of
Rs.4,71,726/ (Rupees Four Lakhs Seventyone Thousand
Seven Hundred Twentysix Only) alongwith further interest
@ 12% p.a. on principal amount of Rs.4,13,016/ to the
plaintiff from the date of suit till the date of realization
within three months from the date of decree.
3. Defendants no.1 to 4 shall be jointly and severally
liable to pay decretal amount to the plaintiff.
4. All defendants shall bear the costs of the suit.
5. The court fees shall be refunded to the plaintiff as per rules.
6. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 03/02/2022. Mumbai.
1. Dictated online on : 03/02/2022.
2. Signed on : 03/02/2022.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 721/21. 6 Ex-parte Judgment (Exh.22).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03/02/2022. 2.30 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 03/02/2022.
Judgment/Order signed by P.O. on 03/02/2022.
Judgment/Order uploaded on 03/02/2022.
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