Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Summ. Suit No.461/2019
Filed on : 02.03.2019
Registered on : 03.04.2019
Decided on : 01.02.2020
Duration : Year00 Month09 Days29
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 461 OF 2019
(CNR NO.MHCC010024782019)
Exhibit13
M/s. Chetana Book Depot,
a partnership firm, (Now known as Chetana
Publications (India) LLP), having its
registered office at 4th floor, “B” Wing,
Buiding “E” Trade Link, Kamla City,
Above Bombay Canteen, Lower Parel,
Mumbai – 400 013. ….Plaintiff
V/s.
1. Smart Kid's School,
Neela Nagar, H.B. Colony,
Ashram Road, Bijapur – 586103.
2. Shri N.B. Patil,
Age : Adult,
C/o. Smart Kid's School,
Neela Nagar, H.B. Colony,
Ashram Road, Bijapur – 586103.
3. Smt. M.B. Patil,
Age : Adult,
C/o. Smart Kid's School,
Neela Nagar, H.B. Colony,
Ashram Road, Bijapur – 586103..
Ghswala Comples, Kausa, Mumbra. ... Defendants
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Judgment 2 Summ. Suit No.461/2019
SUIT FOR RECOVERY OF RS.1,84,738/
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 01st February, 2020.
(C.R.No.59)
Appearances:
Mr. Sudhakar G. Lakhani, for the plaintiff.
Exparte against Defendant.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a partnership firm registered under the Indian
Partnership Act, 1932. Defendant No.1 is a school and defendants No.2
& 3 are the Trustees of defendant No.1. Pursuant to order placed by the
defendants for supply of educational books, the plaintiff sold, supplied
and delivered to the defendants educational books through the
transporter M/s. V.R.L. Logistics during the month of April 2016 and
May 2016 vide three invoices for total sum of Rs.1,84,738/. The
defendants failed to pay the total sum of Rs.1,84,738/ inspite of
various requests made by the plaintiff and receipt of legal notices dated
30.06.2018. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.2,37,116/.
3. The suit summons were duly served on the defendant but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment.
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Judgment 3 Summ. Suit No.461/2019
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.1,59,419/ with
interest
@ 10 % per annum.
2. What order and decree? As per final order.
REASONS
5. The Constituted Attorney of plaintiff Shaji John has filed affidavit
at Exhibit7 . In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents
9 Invoice No.16/5822.01 dated 25.04.2016 for Rs.89,909/
10 Invoice No.16/5859.01 dated 19.05.2016 for Rs.93,207/
11 Copy of notice dated 30.06.2018 from plaintiff's advocate
to defendants alongwith postal acknowledgments.
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit9 to 11
go to establish that plaintiff has sold and delivered total goods worth of
Rs.1,84,738/ to defendant. The documents further prove that the
amount of Rs.1,84,738/ is due and payable to the plaintiff company
from defendant towards delivered of goods. But, defendant failed to pay
total amount of Rs.1,84,738/ towards purchase of goods. The
documents at list Exhibit9 to 11 go to establish that defendant is liable
to pay Rs.1,59,419/ to the plaintiff on the date of filing of the suit
towards the purchase of goods and therefore the defendant is avoid to
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Judgment 4 Summ. Suit No.461/2019
pay the balance amount to the plaintiff. In this background, it is held
that plaintiff is entitled to recover sum of Rs.1,84,738/ from the
defendant.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is express
contract existing between the parties as to the rate of interest of 18%
per annum which shall be levied. Therefore, rate of interest at the rate
of 10% per annum would be just and proper to be awarded on the
principal sum adjudged i.e. amount of Rs.1,84,738/. Hence, point no.1
is answered in the affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held that the
plaintiff is entitled to recover Rs.1,59,419/ from the defendant with
interest at the rate of Rs.10% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2, I proceed to pass
the following order :
: ORDER:
1. The defendant shall jointly and severally pay
Rs.1,59,419/ (Rs. One Lakh Fifty Nine Thousand Four
Hundred Nineteen Only) to the plaintiff with interest
at the rate of 10% per annum from the date of filing of
the suit till its realization.
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Judgment 5 Summ. Suit No.461/2019
2. Defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(Smt. S. G. Shaikh)
Adhoc Judge
City Civil Court,
Date : 01.02.2020 Gr. Bombay
Typed on : 01.02.2020
Described on : 01.02.2020
Signed on : 01.02.2020
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Judgment 6 Summ. Suit No.461/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 5.15 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 01.02.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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