Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Exh. 13
S.C.Suit No.985 of 2019
MHCC010027612019
Lodged on :08/03/2019
Registered on :10/04/2019
Decided On :28/09/2022
Duration :3Y:6M: 20D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 985 OF 2019.
Exh. 13.
Vagtaram Jetaji Prajapat. ]
Aged 54 years, Indian Inhabitant, ]
Proprietor of M/s. Nageshwar Textiles, ]
At 448, BBlock, 2 nd Floor, Bhangwadi, ]
Kalbadevi Road, Mumbai 2. ] ....Plaintiff
V/s
Kehraram Dedaram Choudhari (Jat) ]
Proprietor of M/s. Shri Jashanth Collection ]
Cloth Merchants, ]
At Harugeri, TahsilRaibag, ]
Dist. Belgaum – 591220(K.S.) ]….Defendant.
Appearance:
Adv. Mr. M.D.Mali for the plaintiff.
Defendant Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : His Honour Judge
Shri.S. B. Pawar.
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Judgment in Exh. 13
S.C.Suit No.985 of 2019
CR No. : 59.
Date : 28/09/2022
JUDGMENT
This is suit for recovery of an amount of
Rs.1,69,100/ with interest at the rate of 24% p.a. on Rs. 1,11,250/
from the date of filing of the suit.
Brief facts of the case are as under :
2. Plaintiff is carrying on the business in the name and style of
M/s. Nageshwar Textiles. Defendant is a proprietor of M/s. Shri Jasnath
Collection. Plaintiff and defendant both are involved in sales and
purchase of textile goods. Pursuant to the oral order placed by
defendant, plaintiff sold, supplied and delivered textile goods under two
bills bearing Bill No.288 and 308 dated 14.03.2016 and 21.03.2016,
respectively totalling to Rs.1,11,250/. The goods are received by the
defendant. But defendant failed to pay the amount to the plaintiff.
Therefore, plaintiff issued demand notice dated 14.11.2018 calling
upon the defendant to pay the amount. Defendant failed and neglected
to make the payment. Plaintiff is entitled to recover the amount of
Rs.1,69,100/ including interest amount of Rs.57,850/ calculated at
the rate of 24% p.a. till 31.01.2019. Thus, the suit is filed for recovery
of the aforesaid amount alongwith interest.
3. Defendant is duly served with writ of summons. He failed
to appear in the suit. Therefore, the suit proceeded exparte against the
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Judgment in Exh. 13
S.C.Suit No.985 of 2019
defendant.
4. Following points arise for my determination to which
findings have been recorded for the reasons discussed below.:
Sr. No. Points Findings
1. Whether plaintiff is entitled to
recover an amount of
Rs.1,69,100/ from the
defendant?
Partly affirmative.
2. Whether plaintiff is entitled for
interest on the above amount, if
yes, at what rate?
...Yes...
at the rate of 9% p.a.
3. What order and decree? Suit is partly decreed.
REASONS
AS TO POINT Nos. 1 & 2.
5. Heard Ld. Advocate M. D. Mali for the plaintiff.
6. To prove the suit claim, plaintiff filed his evidence affidavit
at Exh.7 and substantiated his pleadings. The documents adduced in
the evidence are duly proved in his evidence. Due to absence of contest,
the pleadings as well as the oral and documentary evidence of the
plaintiff has remained unchallenged.
7. Exh.9 (colly) consists of the office copy of bill No.288 dated
14.03.2016 and bill No.308 dated 31.03.2016. The documents at
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Judgment in Exh. 13
S.C.Suit No.985 of 2019
Exh.10 are the corresponding lorry receipts which indicate that the
goods mentioned in bills at Exh.9 (colly) are delivered to the defendant.
Document at Exh.11 is notice dated 14.12.2018. It is accompanied with
the postal receipt and track report of post evincing service of the notice
upon the defendant.
8. The above documents coupled with oral evidence of the
plaintiff establish that plaintiff delivered goods worth Rs.1,11,250/ to
the defendant and inspite of receipt of demand notice, defendant failed
to pay the amount towards the goods. Therefore, plaintiff has proved
that the defendant is liable to pay an amount of Rs.1,11,250/ to the
plaintiff against the goods delivered by the plaintiff.
9. Plaintiff is claiming interest at the rate of 24% p.a. on the
basis of terms and conditions mentioned in the bills/invoices at Exh.9
(colly). The bills/invoices at Exh.9 cannot be construed as an
agreement between the parties. Therefore, on the basis of said
documents, it cannot be inferred that agreed rate of interest between
the parties is 24% p.a. The interest claimed by the plaintiff is at higher
side. Though, the transaction is a commercial transaction, the interest
cannot be fixed as prayed by the plaintiff, in absence of clear evidence
of agreement between the parties to that effect. Taking into
consideration the facts of the present case, in my considered view,
defendant can be ordered to pay the amount with interest at the rate of
9% p.a. from the date of default by the defendant which can be fixed as
01.06.2016 as per the terms in invoices at Exh.9 (colly). Therefore,
point No.1 is answered as partly affirmative, 2 is answered in the
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Judgment in Exh. 13
S.C.Suit No.985 of 2019
affirmative and following order is passed :
ORDER
1. Suit No. 985 of 2019 is partly decreed with costs.
2. Defendant shall pay an amount of Rs.1,11,250/ with interest
at the rate of 9% p.a. from 01.06.2016 till realisation of the
amount.
3. Decree be drawn up accordingly.
4. Suit No. 985 of 2019 is disposed.
(S.B. Pawar)
Judge,
Dated: 28/09/2022 City Civil and Sessions Court,
Greater Bombay (CR 59)
Declared on : 28.09.2022
Direct Typed On : 28.09.2022
Checked on : 29.09.2022
Signed on : 30.09.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.10.2022 at 1.30 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 28.09.2022
Order signed by P.O. on 30.09.2022
order uploaded on 10.10.2022
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