Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010022092019
Presented on : 19122018
Registered on : 15022019
Decided on : 28082021
Duration : Y M D
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BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by S. U. Hake)
COMMERCIAL SUIT NO.980 OF 2021
(SHORT CAUSE SUIT NO.413 OF 2019 )
Ex.13
Harakchand Vora ]
carrying on business under the name ]
and Style Vardhaman Kids Wear ]
Having its office at : ]
1/24, Shree Building, ]
Ranade Road, Dadar(West), ]
Mumbai400 028 ] ..Plaintiff
Versus
Tafia Dresses ]
Having its office at ]
Shop No.4, Anjuman Complex ]
Opp. K.B.N. Hospital ]
Gulbarga585 102, Karnataka ] ..Defendant
Ld. Advocate Gaurav Pandey plaintiff.
DefendantEx parte.
JUDGMENT
(Dated 28/08/2021)
1. Suit is for recovery of Rs.16,06,216/with interest @
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18% p.a. from the date of filing of the suit till its realization.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff is in the business of manufacturing and
trading of kids garments. Defendant is engaged in the business of
clothing and garments. In December2015, defendant contacted
plaintiff and placed orders for supply of kids wear. As per work
orders, plaintiff supplied garments to defendant during the period
from 13/01/2016 to 24/06/2016. Plaintiff pleaded in details
regarding invoices raised during this period.
3. It is further contended that defendant received goods
alongwith invoices without raising any dispute regarding quality
of the goods and amounts set out in the invoices. Defendant failed
to make the payment as per invoices raised by the plaintiff.
Therefore, plaintiff send notice dated 26/11/2018 through
advocate to the defendant making demand of the suit amount.
Defendant refused to take the notice. Defendant failed to make
the payment of the goods supplied by the plaintiff. Hence, this
suit.
4. Summons were duly served to defendant by RPAD as
per service affidavit(Ex.5). Inspite of service of summons,
defendant failed to tender his appearance before the Court.
Therefore, as per order dated 23/07/2019, suit proceeded
exparte.
5. Following points arise for determination, findings
thereon for the reasons to follow are as under:
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Sr.No. Points Findings
1. Does the plaintiff prove that
an amount of Rs.16,06,216/
is outstanding against the
defendant?
Proved
2. What order? Suit is decreed as per final
order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff filed his
evidence affidavit (Ex.6). He testifies that defendant placed orders
regarding supply of kids wear. He supplied kids wear to
defendant as per orders placed by the defendant during the
period from 13/01/2016 to 24/06/2016. PW1 Harakchand Vora
deposed in detail regarding the dates and amounts of invoices.
The invoices raised by plaintiff are collectively marked as Ex.8.
7. As stated supra, defendant failed to contest the suit.
The evidence adduced by plaintiff remain unchallenged and
unrebutted. The oral evidence of PW1 Harakchand Vora finds
requisite support from the invoices (Ex.8 colly). From the
evidence adduced by the plaintiff, it can be inferred that he
supplied goods of worth Rs.10,42,998/to the defendant, but,
defendant failed to make payment of those goods. As per
statement of claim (Ex.11), plaintiff claimed interest at the rate of
18% p.a. from the date of invoice. As per invoices raised by
plaintiff, interest at the rate of 24% is payable on failure to make
payment within 30 days. However, plaintiff claimed interest at
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the rate of 18% p.a. The interest rate claimed by the plaintiff is
less than the agreed rate of interest. Present transaction being
commercial transaction, plaintiff is entitled to claim interest at the
rate of 18% p.a. from the date of invoices till the date of the suit.
Plaintiff claimed amount of Rs.16,06,216/. As discussed supra,
plaintiff's evidence remained unchallenged and therefore plaintiff
is entitled to this amount. Point No.1 answered accordingly. In
the result, following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.16,06,216/
(Sixteen Lakhs Six Thousand Two Hundred and
Sixteen only)alongwith interest @ 18% p.a. from the
date of the suit till it's realization to plaintiff within
two months of this order.
3. Decree thus follow.
28/08/2021 S.U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 28/08/2021
Transcribed on : 28/08/2021
Signed on : 28/08/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
28/08/21 at 05.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
28/08/21
Judgment and order signed by P.O. 28/08/21
Judgment/order uploaded on 28/08/21
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