Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.689/2018 1
Registered on : 15.02.2018
Decided on : 09.01.2019
Duration : 10 24
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.689 OF 2018
M/s. Le Merit Exports Ltd.,
A Partnership Firm (through its authorized partner
Mr.Manoj Kumar Ganguly) Aged 60 years,
Occupation : Service, having its principal
place at business at B1/104/D, 1 st floor,
Boomrang, Chandivali, Sakinaka, Mumbai72 .....Plaintiff
V/s.
M/s Neel Exporters, the partnership firm, B10,
ground Floor, Hind Saurashtra, Industrial Estate,
Marol, AndheriKurla Road, Andheri (East), Mumbai59 ...Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :09/01/2019.
Advocate Mr.Asit Singh for the plaintiff
Exparte against defendant.
JUDGMENT
1. The Plaintiff has filed this summary suit for recovery of an
amount of Rs.8,68,435/ along with further interest at the rate of 21%
p.a. on the principal sum of Rs.6,82,695/ from the date of filing of the
suit till its realization.
CNR No.MHCC01-002400-2018
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Sum.Suit No.689/2018 2
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that, plaintiff is a registered partnership
firm and carrying business in the name and style as M/s. Le Merit
Exports Limited at Chandivali, Sakinaka, Mumbai. As per the demand
of defendant, plaintiff sold fabrics to the defendant in the period from
April,2016 upto 15.12.2017. The total fabrics of price delivered to
defendant was Rs.6,82,695/. The defendant for discharging his legal
liability issued the cheque dt.23.06.2016 for Rs.40,177/, second
cheque of Rs.1,00,000/ dt.18.06.2016, third cheque of Rs.1,00,000/
dt.21.06.2016. On the request of defendant, the plaintiff did not
deposit the said cheques in the bank for encashment. But he requested
to the defendant at several times for payment, but there was no
response from the side of defendant. But the defendant issued against a
cheque of an amount of Rs.50,000/ dt.06.12.2017. When the plaintiff
presented the said cheque for encashment, it was returned back with an
endorsement as “payment stopped by drawer”. The plaintiff informed
this fact to the defendant. But there was no response from the side of
defendant. Ultimately the plaintiff issued the notice dt.17.12.2017 for
the demand of said amount to the defendant, which was duly received
by defendant. But he failed and neglected to pay the amount.
Consequently, plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exh.5. The defendant in spite of service of writ of summons did not
appear in the suit. Therefore, suit is proceeded exparte.
4. The Plaintiff has filed affidavit of evidence of PW1 Mr.Manoj
Ganguly in support of suit claim at Exhibit 6, in which he has reiterated
the contents of plaint, elaborately. So also, he has filed the List of
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Sum.Suit No.689/2018 3
documents at Exhibit 7. He has filed the documents like Bill/vouchers
and challans, cheques, bank memo dt.08.12.2017 and copy of notice/
letter dt.17.12.2017 etc.
5. As the defendant has failed to put his appearance and contest
the suit, therefore, in these circumstances in view of the provisions of
subrule2 of Rule3 of Order XXXVII of C.P.Code, the averments made
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed along with interest
@ 9% p.a. from the date of filing of the suit till its realization. In the
result, following order.
: ORDER :
1. The Summary Suit No.689 of 2018 is decreed with costs.
2. The Defendant do pay an amount of Rs.8,68,435/ (Rupees
Eight Lakhs Sixty Eight Thousand Four Hundred Thirty Five only) with
simple interest on the principal amount of Rs.6,82,695/, at the rate of
9% per annum from the date of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before
filing the execution proceeding.
4 Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 09/01/2019 City Civil Court, Gr. Bombay
Dictated on : 09/01/2019
Transcribed on : 09/01/2019
Signed on : 09/01/2019
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Sum.Suit No.689/2018 4
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Sum.Suit No.689/2018 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
14.01.2019 1.31 p.m. Shri Kishor P. Sherwade
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
09.01.2019
Judgment/order signed by P.O on 09.01.2019
Judgment/order uploaded on 14.01.2019
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