Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Com.Suit No.347 of 20211
MHCC010025972018 Presented on : 20022018
Registered on : 09042019
Decided on : 14032022
Duration : Y M D
02 11 05
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by S. U. Hake)
COMMERCIAL SUIT NO.347 OF 2021
(SUMMARY SUIT NO.476 OF 2019)
Ex.10
Mr. Dhiren Gosalia,
Age 54 years, Indian Inhabitant,
carrying on his Business in the name and style
of M/s. Eastern Traders, as its proprietor, at
ShreejiBhuvan, 1st Floor, 51,
Mangaldas Road, Near Lohar Chawl,
Mumbai 400 002. ..Plaintiff
VERSUS
Mr. Sanjay Desai, Adult,
Indian Inhabitant, carrying on his
Business in the name and style of M/s.
Bhavi Electric Control, as its proprietor,
At Plot No.75, Varsha Apartment,
Opp. Jain Mandir, Jawahar Nagar,
Goregoan (West), Mumbai 400 062. ...Defendant.
__________________________________________________________
Ld. Advocate Lalita Avhad for plaintiff.
Defendant Exparte.
__________________________________________________________
JUDGMENT
(Dated this 14th day of March, 2022)
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Judgment in Com.Suit No.347 of 20212
Suit is for recovery of an amount of Rs.4,07,695/ along
with future interest.
Briefly stated, plaintiff's case is as under:
2. Plaintiff does the business of supplying electrical
goods. Defendant also deals with business of electric goods. Plaintiff
supplied the goods and received the price of such goods from time to
time. During the period from 10/06/2016 to 01/02/2017, plaintiff
supplied goods to defendant in accordance with purchase orders placed
by defendant. However, defendant failed to make payment of supplied
goods. Plaintiff has given details of invoices. Plaintiff has supplied
goods of worth Rs.5,47,839/. An amount of Rs.3,37,575/ remained
outstanding against defendant. Towards invoice dated 20/09/2016,
defendant issued cheque of Rs.95,454/. However, said cheque was
dishonoured on the ground of insufficient funds in the defendant's
account. Plaintiff issued legal notice dated 22/08/2014 through RPAD.
Defendant by reply dated 10/05/2017, falsely denied plaintiff's claim.
Hence, this suit is filed Under Order XXXVII Rule 2 of the Code of Civil
Procedure, 1908.
3. In pursuance to the Writ of Summons, defendant appeared.
Thereafter, plaintiff has taken out the Summons for Judgment No.03 of
2021. After hearing both parties, as per order dated 21.09.2021,
conditional leave to defend the suit was granted to defendant subject to
condition of depositing a sum of Rs.4,07,695/ within a period of 12
weeks. However, defendant failed to comply said order within
stipulated period. Therefore, matter proceeded exparte.
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Judgment in Com.Suit No.347 of 20213
4. Heard Ld. advocate for plaintiff.
5. Following points arise for determination, findings thereon
for the reasons to follow are as under:
Sr.No. POINTS FINDINGS
1. Does the plaintiff prove that an amount
of Rs.4,07,695/ is outstanding against
the defendant?
Proved
2. What order and decree ? Suit is decreed as
per final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff filed claim
affidavit of PW1 Mr. Dhiren Gosalia at Exhibit5. Plaintiff relied upon
documents filed below Exhibit6. PW1 Dhiren Gosalia has reiterated
all the facts pleaded in the plaint. He testifies that an amount of
Rs.4,07,695/ is outstanding against the defendant towards supply of
goods.
7. Claim affidavit is well supported by the invoices filed below Exh.
06. Invoices are further supported by delivery challans acknowledged
by defendant. Plaintiff has filed on record ledger account of defendant.
It contains the details of invoices filed on record. Ledger account also
gives credit of the amounts deposited by defendant. As per ledger
account filed on record, an amount of Rs.3,37,575/ was outstanding
against the defendant as on 30th June, 2017. Plaintiff claimed an
amount of Rs4,07,695/ by applying interest at the rate of 18% on the
principal outstanding amount of Rs.3,37,575/. Taking into
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Judgment in Com.Suit No.347 of 20214
consideration, the nature of the transaction, plaintiff is entitled for the
interest at the rate of 18% as claimed for. Plaintiff's claim for recovery
of an amount of Rs.4,07,695/ is duly supported by the original
documents filed on record. Therefore, plaintiff's claim under Order
XXXVII Rule 3 of the Code of Civil Procedure, 1908 needs to be
accepted. From all above discussion, it is held that an amount of
Rs.4,07,695/ is outstanding against the defendant. Hence, point No.1
is answered accordingly.
8. Plaintiff claimed interest at the rate of 18% from the date of
filing of the suit till its realization. Taking into consideration the nature
of the transaction, plaintiff is entitled to the interest at the rate of 18 %
p.a. from the date of filing of the suit till it's realization. In the result,
following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.4,07,695/ (Rupees
Four Lacs Seven Thousand Six Hundred and Ninety Five
only) alongwith interest @ 18% p.a. on the principal amount
of Rs.3,37,575/ to plaintiff from the date of the suit till it's
realization within two months.
3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948, for
the refund of Institution Fee.
4. Decree thus follow.
14/03/2022 SUNIL U. HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Direct Typed on : 14/03/2022
Checked on : 14/03/2022
Signed on : 14/03/2022
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Judgment in Com.Suit No.347 of 20215
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
17/02/22 at 12.30 pm.
Mrs.P.R.Wagh
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
14/03/22
Judgment and order signed by P.O. 16/03/22
Judgment/order uploaded on 17/03/22
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Judgment in Com.Suit No.347 of 20216
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