Final Order 1

Order Details: Other
Pdf Text: ..1.. Summons for judgment No.132/2021
MHCC010084812021 Presented on : 22/10/2021
Registered on : 22/10/2021
Decided on : 02/05/2024
Duration : 02Y 06M 12D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.132 OF 2021
(CNR NO.MHCC01-008481-2021)
IN
SUMMARY SUIT NO.183 OF 2018
M/s. Esufali Dawoodbhoy & company,
Through its partner, Mr. Zaheer Firoz Karu,
Occ : Business, Carrying on their business Gala
No. 28/29, Kharwa Galli, Maulana Shaukatali
Road, Opp. Akber Peerboy College, (old iron
market), Mumbai – 400 008.
]
]
]
]
]
] ...Plaintiff
Versus
M/s. Budhale Industries,
Through its partners, Mr. Shrikant Pandurang
Bhudale, Plot No.A-31/, MIDC, Shiroli (Pulachi)
Kolhapur, Maharashtra – 416 012.
]
]
]
] ..Defendant
Appearance :-
Learned Adv. Kunal Vora for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 02/05/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount,
contending that the plaintiff is a company carrying on business of
supplying tool, alloy steels and M.S Profiles materials. Defendant is a
-- 1 of 5 --
..2.. Summons for judgment No.132/2021
manufacturer of sheet metal and press parts. In pursuant to the orders
placed by defendant in the year 2015, plaintiff supplied goods to the
defendant. The defendant received the goods supplied and did not at
no point of time raise any grievance or dispute with regards to the
quality of the goods. Plaintiff states that total amount of Rs.3,69,156/-
are due and payable from the defendant. The defendant failed and
neglected to make the payments on time, consequently, the plaintiff
has issued notice to the defendant, but in vain. The defendants failed
to pay amount claimed by the plaintiff, hence, plaintiff has filed the
instant suit for recovery of amount with interest at the rate of 24% per
annum.
2 The defendant was permitted to tender its appearance as
per the order dated 14/03/2019 passed in notice of motion No.3191 of
2018. Thereafter, the plaintiff had taken out instant summons for
judgment on 01/11/2019 for passing decree in its favour. The
summons for judgment was served upon defendant, but it failed to file
reply, hence, summons for judgment is proceeded further.
3 The authorised person of plaintiff tendered his affidavit in
lieu of examination-in-chief and also filed various documents as per list
(Exhibit-04). Heard learned advocate for plaintiff.
4 The evidence adduced by the authorised person of plaintiff
remain unchallenged. The record discloses that the plaintiff has
claimed an amount of Rs.3,69,156/- and the defendants have failed to
make payment towards the amount claimed. Plaintiff has filed invoices
(Exhibit-07) alongwith copies of delivery challan and transport challan
-- 2 of 5 --
..3.. Summons for judgment No.132/2021
(Exhibit-09 and 10 colly). He has also filed ledger account of
defendant (Exhibit-11 colly), which reveals that as on 31/03/2016 the
amount of Rs.3,69,156/- are due and recoverable. Plaintiff has also
filed legal demand notice (Exhibit-08) dated 13/06/2017.
Inconsequence of failure to respond to the legal notice and to pay the
amount demanded, it appears that the plaintiff has established its
claim for recovery of amount of Rs.3,69,156/-.
5 The absence and omission on the part of the defendant to
appear before the Court and to raise defence shows that the defendant
has no good defence to challenge the claim of plaintiff and as per the
provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure,
plaintiff is entitled for decree of amount of Rs.3,69,156/- under the
invoices.
6 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 24% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, he would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from date of notice of advocate of
plaintiff i.e. 13/06/2017, till its full realisation.
7 As the defendant has made plaintiff constrained to file the
suit, it is also liable to pay the costs. In the result, I proceed to pass the
following order :-
-- 3 of 5 --
..4.. Summons for judgment No.132/2021
ORDER
1. Summons for judgment No.132 of 2021 in Summary
Suit No.183 of 2018, is hereby allowed.
2. Summary Suit No.183 of 2018 stands partly decreed.
3. Plaintiff is entitled to recover the amount of
Rs.3,69,156/- alongwith interest at the rate of 9% per
annum from 13/06/2017, till its full realisation from
the defendant.
4. Decree be drawn up accordingly.
5. Court fees, if any, be refunded as per rule.
(Order dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 02/05/2024.
Dictated and typed on : 02/05/2024.
Signed by HHJ on : 02/05/2024.
-- 4 of 5 --
..5.. Summons for judgment No.132/2021
“Certified to be true and correct copy of the original signed order”.
04/05/2024
at about 1.45 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 02/05/2024
Order signed by Hon'ble Judge on : 02/05/2024
Order uploaded on : 04/05/2024
at about 1.45 p.m.
-- 5 of 5 --