Order 1

Order Details: Other
Pdf Text: :1: S.J. No.61/2018 in Summary Suit No.99/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMONS FOR JUDGMENT NO. 61 OF 2018
CNR NO.: MHCC010025532018
IN
SUMMARY SUIT NO. 99 OF 2017
Mr. Nishith Rameshbhai Shah, ]
Partner of M/s. Shah Commercial ]
Corporation, a Firm Registered ]
Under the Indian Partnership Act, ]
1932, having his office at ]
58, Mangaldas Road, Ground Floor, ]
Lohar Chawl, Mumbai – 400 002. ]..Plaintiff
V/s.
Mr. Bilal Yusuf Khatau, ]
Proprietor of M/s. Khatau ]
Electricals, carrying on his ]
business at 20/22, Immamwada Road, ]
Ground Floor, Near Hindustan Diary, ]
Mumbai – 400 009. ]...Defendant
Appearances:
Advocate Mr. Pawankumar for the plaintiff.
None for the defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 5th FEBRUARY, 2019.
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:2: S.J. No.61/2018 in Summary Suit No.99/2017
O R A L O R D E R
1. This Summons for Judgment is for recovery of Rs. 1,15,864/
alongwith interest @ 18% p.a. from the date of filing of the suit till till
actual payment.
2. Plaintiff has stated that in pursuant to the order placed by the
defendant, plaintiff have sold, supplied and dispatched electrical goods
worth Rs.1,15,864/ under invoices and the said amount is outstanding
in the Ledger Account of the plaintiff till today and payable by the
defendant to the plaintiff. Plaintiff has further stated that on receipt of
the said goods by the defendant, the defendant has tallied with its
invoices and after satisfying in all respects and thereafter said defendant
put his signature thereon. Plaintiff has further stated that thereafter
defendant has not raised any dispute in respect of the quantities,
qualities or rates thereof in respect of the said goods and thus the
defendant has admitted his liability to pay an amount Rs. 1,15,864/ to
the plaintiff in respect of aforesaid invoices and till today said balance is
shown in the Ledger Account of the plaintiff. Plaintiff has further stated
that he has contacted to the defendant through plaintiff's landline to the
defendant and requested to pay the aforesaid invoices amount to the
plaintiff and oral promises were given by the defendant that defendant
intends to make the payment to the plaintiff in respect of the aforesaid
invoices, but till today the defendant failed and neglected to make the
payment of the aforesaid invoices to the plaintiff and it's best reasons is
known to the defendant himself. The plaintiff is entitled to get interest
at the rate of 18% p.a. on the claim amount from the date of filing of
the suit till payment. Plaintiff has further stated that plaintiff thereafter
gave instruction to his Advocate to give statutory notice to the
defendant in respect of the aforesaid invoices and said statutory legal
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:3: S.J. No.61/2018 in Summary Suit No.99/2017
notice dated 2.08.2016 sent by R.P.A.D. was delivered to defendant on
3.08.2016 and its acknowledgement is enclosed herewith alongwith
copy of the Statutory notice is enclosed herewith. Plaintiff has further
stated that defendant neither replied to said notice nor put any efforts
to pay said amount to plaintiff. Therefore, plaintiff filed present suit
against defendant.
3. Plaintiff has served summons for Judgment on defendant, but
defendant has failed to file reply to Summons for Judgment. Therefore,
plaintiff is entitled to get judgment as per Order XXXVII Rule 3 subrule
6(a) of the Code of Civil Procedure, 1908.
4. Plaintiff has filed List of Documents at Exh.3. Plaintiff has filed
copies of Sales Invoices, Copy of Demand Notice, Copy of Registration
Coupon and Acknowledgement Card on record. All these documents
shows that defendant is liable to pay amount of Rs.1,15,864/ to
plaintiff. In such circumstances, plaintiff is entitled for the decree as
prayed for amount of Rs.1,15,864/.
5. It appears that as per Section 34 of the Code of Civil Procedure, it
will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.1,15,864/ from the date of filing of the suit till its
realisation. Hence, following order :
ORDER
1. Summons for Judgment No.61/2018 is made absolute.
2. It is hereby ordered and decreed that :
(i) Defendant is directed to pay amount of Rs.1,15,864/ to
plaintiff alongwith interest @ 9% p.a. on the amount of Rs.
1,15,864/ from the date filing of the suit till its realisation.
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(ii) Defendant shall bear the cost of plaintiff at their own.
(iii) Plaintiff is entitled for refund of Court fee as per rules.
(iv) Decree be drawn accordingly.
(v) Summary Suit No.99/2017 is disposed of.
(S.P. AGARWAL)
Judge,
Date: 05.02.2019. City Civil Court,
Gr. Bombay.
Dictated on : 05.02.2019
Transcribed on : 05.02.2019
Signed on : 05.02.2019
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:5: S.J. No.61/2018 in Summary Suit No.99/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08.02.2019 At 12:54 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
05.02.2019
Judgment/Order signed by P.O. on 05.02.2019
Judgment/Order uploaded on 08.02.2019
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