Final Order 1

Order Details: Copy of Judgment
Pdf Text: ..1.. Summary Suit No.431/2018
MHCC010024872018 Presented on : 16/02/2018
Registered on : 06/04/2018
Decided on : 05/04/2024
Duration : 06Y 01M 18D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT NO.24
SUMMARY SUIT NO.431 OF 2018
(CNR NO.MHCC01-002487-2018)
GURUKRUPA ELECTRICALS
Through its Partners, Occupation – Business,
Mr. Kiran Pednekar (POA Holder), an adult Indian
Inhabitant, Mr. Pramod Arekar, Adult, Indian,
Inhabitant, partnership firm having their office at
Mahim Fisherman Colony, 16/B-697, 2nd floor,
S.L. Rahaji Road, Mahim, Mumbai – 400 016.
]
]
]
]
]
]
] ...Plaintiff
Versus
SHREE SERVICES,
Mr. Shiniwas Desinkar, Proprietor of Shree Services,
Shiniwas Bunglow, 26, Laxmi CHS, Senapati Bapat
Road, Pune – 411 016.
]
]
]
] ..Defendant
Appearance :-
Learned Advocate Vilas Tendulkar alongwith Yogesh Pednekar for
plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 05/04/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount,
contending that the plaintiff is in business of providing electrical work
services. The defendant approached plaintiff for electrical work and
placed work order. Accordingly, plaintiff has completed the work order.
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..2.. Summary Suit No.431/2018
Defendant sought from time to time electrical services. After
completion of work, plaintiff has raised final bill dated 19/11/2014 of
Rs.5,50,030.29/-. Plaintiff has also provided additional services of
Rs.26,710/-. The plaintiff’s bills which are pending with the defendant
are certified by project manager as per the terms and conditions of its
work order dated 26/05/2014, but defendant did not pay the amount
of Rs.5,50,030.29/- and additional amount of Rs.26,710/-. Hence,
plaintiff is constrained to file the instant suit and calculated its claim to
Rs.8,15,510.77/- with further interest at the rate of 18% per annum on
the principal amount of Rs.5,76,740.29/-.
2 In response to the suit summons, the defendant appeared,
but failed to file written statement. Hence, matter proceeded without
written statement. Defendant also failed to adduce its evidence,
therefore, suit proceeded without evidence of defendant as per the
order in roznama dated 25/08/2023.
3 At the stage of recording evidence, authorised person of
plaintiff filed his affidavit of evidence (Exhibit-04) and relied on
various documents under list (Exhibit-05). Heard learned advocate for
plaintiff. Advocate for defendant remained absent.
4 The evidence of authorised person of plaintiff remain
unchallenged. It reveals from the documents filed on record vide
Exhibit-10 to 14 and E-mail conversations from Exhibit-19 to 22 that
the defendant has placed orders and the plaintiff has carried out the
work and raised invoices as per Exhibit-09 and 10. Inconsequence of
failure to pay the amount under the invoices, plaintiff issued notice
through advocate and filed the instant suit on 16/02/2018.
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..3.. Summary Suit No.431/2018
5 The E-mail conversation at Exhibit-22 dated 15/05/2015
shows that the defendant has agreed to make part payment, thus,
hereby confirming its liability, therefore, suit filed on 16/02/2018 is
well within limitation. Hence, it appears that the plaintiff has
established its claim for recovery of amount of Rs.5,76,740.29/-.
6 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.5,76,740.29/- under the
invoices.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% 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, it 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 default i.e.
15/05/2015, till its full realisation.
8 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 :-
ORDER
1. Summary Suit No.431 of 2018, is hereby partly
decreed with costs.
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..4.. Summary Suit No.431/2018
2. Plaintiff is entitled to recover an amount of
Rs.5,76,740.29/- alongwith interest at the rate of 9%
per annum from 15/05/2015, till its full realisation
from the defendant.
3. Court fees, if any, be refunded as per rule.
4. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
sd/-
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 05/04/2024.
Dictated on : 05/04/2024.
Transcribed on : 08/04/2024.
Signed by HHJ on : 08/04/2024.
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..5.. Summary Suit No.431/2018
“Certified to be true and correct copy of the original signed order”.
10/04/2024
at about 12.25 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 : 05/04/2024
Order signed by Hon'ble Judge on : 08/04/2024
Order uploaded on : 10/04/2024
at about 12.25 p.m.
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