Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 01.03.2019
Registered on : 18.03.2019
Decided on : 29.01.2020
Duration : Yr00 Mth10 Days13
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.424 OF 2019
(CNR NO.MHCC010025732019)
Exhibit11
Feelwell Garments and Accessories Pvt. Ltd.
Address 58, Model House,
Sion Main Rd, Sion,
Mumbai – 400 022. ….Plaintiff
..Versus..
Vilas Sitaram Kadam
Address 12, Navasandesh CHS,
Rabodi No. 2, Shivaji Nagar,
Thane(W) – 400601. ...Defendant.
SUIT FOR RECOVERY OF Rs.15,500/
Appearance:
Mr. Pravin Upadhyay, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 29 th January, 2020.
-- 1 of 6 --
2 Sum. Suit no. 424 of 2019.
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
2. The facts of the suit are summarized as under :
The plaintiff is a duly incorporated company under the Companies
Act. Defendant was an ex employee of the plaintiff company and he was
posted in Mumbai, Sion office on the rank of Quality Checker. The
defendant was appointed in the plaintiff company vide appointment
letter dated 01.12.2012. the defendant accepted the terms and
conditions of the said appointment letter and signed the same. The last
drawn salary of the defendant was Rs.15,500/. The defendant
submitted his resignation from the service on 01.09.2018 for relieving
him from the duty from 30.09.2018. The said resignation was sent
through email dated 15.10.2018. The defendant was absconding from
his duty since 17.10.2018 and was not reachable through any contact.
According to the plaintiff, as per clause11 of the letter of appointment
of the defendant, defendant is liable to pay amount of Rs.15,500/ to it.
Hence, plaintiff company is constrained to file the suit for recovery of
amount of Rs.15,500/ and claimed interest at the rate of 24% per
annum.
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.
4. The following points arise for my determination and my findings
there on are as under for the reasons stated there under :
-- 2 of 6 --
3 Sum. Suit no. 424 of 2019.
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.15,500/
with interest
@ 6 % per annum.
2 What order and decree? As per final order.
R E A S O N S
5. Plaintiff company has filed affidavit of its authorized
representative namely Ravindra Yadav at Exhibit6. In order to prove
the case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit8 Copy of attendance sheet of
defendant.
Month of
October
2018
Exhibit 9 Copy of appointment letter. 01.12.2012
Exhibit 10 Copy of increment letter. 01.07.2017
Exhibit 11 Copy of email. 15.10.2018
Exhibit 12 Copy of Board Resolution.
Exhibit 13 Copy of RPAD slips.
Exhibit 14 Copy of notice. 24.10.2018
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit and goes
to establish that defendant was employee of the plaintiff company on
the post of Quality Checker. The last drawn of the defendant was
Rs.15,500/. It further proves that the defendant has left the job of
plaintiff company without giving notice before one month. Therefore, as
per the clause11 of the appointment letter Exh.9 dated 01.12.2012,
-- 3 of 6 --
4 Sum. Suit no. 424 of 2019.
defendant is liable to pay amount of equal to one month salary drawn
by him to the plaintiff. Therefore, it is held that defendant is liable to
pay amount of Rs.15,500/ to the plaintiff company as per the clause11
of the appointment letter Exh.9.
7. The plaintiff has claimed 24% per annum on the principle
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceeds 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 commercial one and there is no such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is not being a commercial
transaction, the simple rate of interest @ 6% per annum, would be just
and proper to be awarded on the principle sum adjudged i.e. amount of
Rs.15,500/ . 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
plaintiff is entitled to recover Rs.15,500/ from the defendant with
interest at the rate of Rs.6% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from defendants. Hence, in answered to point No.2, I proceed to pass
the following order.
: O R D E R :
1. The defendant shall pay Rs.15,500/ (Rs. Fifteen
Thousand Five Hundred Only) to the plaintiff with
interest at the rate of 6% per annum from the date of
filing of the suit till its realization.
-- 4 of 6 --
5 Sum. Suit no. 424 of 2019.
2. Defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date:29.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 29.01.2020
Signed on : 29.01.2020
-- 5 of 6 --
6 Sum. Suit no. 424 of 2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
29.01.2020 5.45 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 29.01.2020
Order signed by P.O. on 29.01.2020
Order uploaded on 29.01.2020
-- 6 of 6 --