Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 14.02.2018
Registered on 14.03.2018
Decided on 28.11.2018
Duration Yrs. M. Days
08 14
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.314 OF 2018
Trisa Export Pvt.Ltd
A Company registered under the Indian
companies Act, 1956 having head office at
office NO.10, Building NO.E3, 2 nd floor,
Shree Arihant Complex, Kalher, Bhivandi,
421302 and also having Admin Office at
315, Subhas Gally, Swadeshi Market,
Kalbadevi, Mumbai2 Through authorized
representative Mr.Roshan Subhash Warang. ...Plaintiff
V/s.
Shri Mahalaxmi Textile,
Trough proprietor Ramesh Chandra Mevalal
Sharma having address at Prena Complex,
Building NO.D2, 1 st floor, Gala NO.110,
Valgaon, Dapoda Rd, Anjurphata, Bhivandi. ...Defendant
Appearances:
Ld. Adv Mr. for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 28th November,2018
MHCC01-002399-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.2,30,000/ with interest.
2. In short, plaintiff came with a case that, plaintiff is a registered
company registered under the Indian Companies Act, 1956. Plaintiff
duly authorized Mr.Roshan Warang by resolution dt.15.01.2018 to file
this suit against defendant. Defendant is a private limited company
registered under Companies Act,1956 and manufacturer and exporter
of Bed Linen Cloth.
3. Plaintiff submitted that, proprietor of defendant Mr.Ramesh
Chandra Sharam visited the plaintiff in the month of March,2017
through broker Mr.Prakash Bav and made his offer to accept the
purchase order in respect of fancy cloth at competitive price prevailing
market to plaintiff. Plaintiff also keeping faith on defendant and placed
the purchase order of Rs.2,00,000/ and as per understanding between
the parties deposited advance payment through N.E.F.T. in defendant's
account on 10.04.2017. However, in spite of receipt of payment
defendant failed to supply the goods and sought time, but never
delivered the goods.
4. Plaintiff submitted that, they realized that defendant has
malfiedly deceived it by giving inducement of competitive price.
Therefore, plaintiff visited the office of defendant in the month of
August,2017 and asked them to return the advance amount. Therefore,
for repayment defendant issued cheque bearing No.000570
dt.08.08.20017 for Rs.Two Lakh. However, said cheque was
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dishonoured when presented in the bank for encashment. Thereafter,
plaintiff repeatedly called upon defendant to pay the outstanding
amount. But defendant failed and neglected to pay the same.
Therefore, plaintiff filed this suit against defendant for recovery of
outstanding due amount.
5. Writ of summons of this suit served upon defendant. Affidavit of
service is filed at Exh.5. In spite of service none on behalf of defendant
has appeared to contest the suit. Hence, suit proceeded exparte
against defendant.
6. In support of his claim plaintiff tendered affidavit of evidence at
Exh.7 and list of document at Exh.8 and proved the following
documents :
Ex.09.
Ex.10.
Ex.11.
Ex.12.
Ex.13.
Ex.14.
Ex.15.
Ex.16.
D.sr.no.1, Resolution dt. 15/01/2018.
D.sr.no.2, Original N.E.F.T. receipt.
D.sr.no.3, The copy of cheque issued by deft.
D.sr.no.4, The copy of return memo.
D.sr.no.5, The certificate issued by its Bank of
Baroda alongwith Bank Statement.
D.sr.no.6, Particulars of claim.
D.sr.no.7, The ledger account maintained by the
plff.
D.sr.no.8, Notice dt. 05/10/2017 with returned
postal packets.
7. Heard learned Advocate for plaintiff. Perused record and
proceedings.
8. No doubt on representation of defendant, plaintiff has placed the
order and deposited Rs.Two Lakhs in the account of defendant. But
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defendant has not supplied the material as agreed and represented.
Such fact is proved when proprietor of defendant assured plaintiff to
repay the said advance amount by giving post dated cheque, which was
dishonoured when presented in the bank. Therefore, now, it is the
legal liability of defendant to return the said amount. But in spite of
repeated requests made by plaintiff, defendant has not made the
payment.
9. In spite of service of writ of this suit noen on behalf of defendant
appeared to contest the suit. Therefore, documents submitted by
plaintiff remain uncontroverted and unchallenged. Hence, claim put
forth by plaintiff remain unchallenged and unrebutted. Therefore, suit
filed by plaintiff for recovery under O.XXXVII R.2 of C.P.C. needs to be
accepted. Defendant neither present nor rebutted the claim of plaintiff.
Which clearly establishes the claim of plaintiff and therefore, plaintiff is
entitled to recover amount advanced to defendant along with interest
@ 18% per annum. In spite of repeated demand and opportunity
defendant has not paid the amount. Therefore, costs of this suit needs
to be saddled on defendant.
10. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.2,30,000/ along with interest
@ 18 % per annum on principal outstanding amount to
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plaintiff from the date of filing of this suit till realization
of entire decreetal amount.
3. Defendant do bear their own costs with costs of
plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 28/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 28.11.2018
Transcribed on : 28.11.2018
Signed on : 28.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.11.2018 at 11.04 a.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 28.11.2018
Judgment/order signed by P.O. on 28.11.2018
Judgment/order uploaded on 29.11.2018
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