Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010028412020
Presented on 04-03-2020
Registered on 01-02-2021
Decided on 03-10-2022
Duration Yrs. M. Days
02 06 30
CNR No. MHCC010028412020
EXH.14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.54 OF 2021
CHETANA PUBLICATION (INDIA) LLP
Formerly known as Chetana Book Depot,
having their office at 4th Floor, Trade
Link, EWing, “B” Block, Kamala City,
above Bombay Canteen, Lower Parel,
Mumbai 400 013.
Through its Legal Executive Mr. Rajesh
Sukhdev Kamble, Age 37 years. ...Plaintiff.
V/s.
1. BAL – SANSKAR INNOVATION OF
SEMI SCHOOL
Near Churchgate, Nampur Road, Malegaon
Camp, District : Nashik, Pincode : 421 105.
2. RISHI PRASAD SEVA SANSTHA
Near Churchgate Nampur Road, Malegaon
Camp, District Nashik, Pincode : 423 105.
3. KIRAN SHINDE
Age not known, Near Churchgate, Nampur
Road, Malegaon Camp, District Nashik,
Pincode : 423 105. ....Defendants.
Appearances:
Ld. Adv. Megha Jani a/w Adv. Rane for plaintiff.
None present for defendants.
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Summary Suit 54 of 2021 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 3rd OCTOBER, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.2,63,284/ (Rupees Two Lacs Sixty Three Thousand
Two Hundred and Eighty Four Only) alongwith interest on the principal
sum of Rs.2,00,218/(Rupees Two Lacs Two Hundred and Eighteen
Only) at the rate of 18% p.a. from the date of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff is a Private Limited Company carrying on
business. The plaintiff is carrying its business as Educational Publishers.
The defendant No.1 is a School and Defendant No.2 is a trust having its
place of Institution. Defendant No.1 and 2 is being operated and
managed by Defendant Nos.3. Pursuant to the purchase order from time
to time the plaintiff sold, supplied and delivered the goods to the
defendants. The defendants accepted the goods. In the due course of
business the plaintiff raised invoices but the defendants failed to make
the payment on due date as per terms and conditions agreed between
them. The plaintiff send legal notice but the defendants failed to pay the
amount and therefore, plaintiff filed the present suit and prayed to
decree the outstanding amount.
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Summary Suit 54 of 2021 .. J/3 .. Ex-parte Judgment
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendant as per
order dated 26.10.2021.
4. The plaintiff in order to prove its claim filed the claim
affidavit vide Exh.03 and list of documents vide Exh.04. Plaintiff also
filed Application for filing Certificate and Certificate u/s.65(b) of Indian
Evidence Act vide Exh.05 and Exh.06. The plaintiff filed the documents
which were marked as Exh.07 to Exh.12. The plaintiff filed copy of
Power of Attorney vide Exh.07, Office copy of of email/purchase order
vide Exh.08, Invoices vide Exh.09, Balance Confirmation vide Exh.10.
The plaintiff also filed the Office Copy of the legal notice vide Exh.11.
Copy of statement of accounts vide Exh.11. It seems that the defendant
placed the order of supply of the books and the same were delivered to
the defendant. The defendant accepted and acknowledged the same,
however failed to pay the outstanding amount. The plaintiff issued
legal notice but the defendant failed to repay the amount. The
defendant failed to appear and challenge the evidence of plaintiff. The
oral and documentary evidence of plaintiff has therefore, gone
unchallenged. The plaintiff supplied the goods but the defendant failed
to pay the outstanding amount alongwith interest. Hence, plaintiff is
entitled for the decree.
5. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
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Summary Suit 54 of 2021 .. J/4 .. Ex-parte Judgment
ORDER
1. The Summary Suit No.54 of 2021 is decreed with costs.
2. Defendant Nos.1 to 3 shall jointly and severally pay the amount
of Rs.2,63,284/(Rupees Two Lacs Sixty Three Thousand
Two Hundred and Eighty Four Only) to the plaintiff along with
interest at the rate of 9 percent per annum on the principal
amount of Rs.2,00,218/(Rupees Two Lacs Two Hundred and
Eighteen Only) from the date of filing suit till its actual
realization.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 03.10.2022 City Civil Court, Gr. MUMBAI
Direct typed on : 03102022
checked on : 03102022
Signed on : 03102022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summary Suit 54 of 2021 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.10.2022 at 05.28 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order 03.10.2022
Judgment/order signed by P.O. on 03.10.2022
Judgment/order uploaded on 21.10.2022
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