Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.463/2018 1
Registered on : 09.04.2018
Decided on : 14.03.2019
Duration : 00 11 05
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.463 OF 2018
M/s.Rahul Enterprises
A proprietory concern
of Mr.Bhavesh Ambavi Patel,
Having its Office At 38/42, Modi
Street, Mulraj Pragji Building,
Fort, Mumbai – 400001. .....Plaintiffs
V/s.
M/s.Recon Traders
having its office at Opp.
Hanuman Mandir, G.S.Road,
Lachit Nagar, Guwahati5,
Assam. ....Defendants
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :14/03/2019.
Advocate Mr.Maravoor for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.1,59,499/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.1,26,400/ from the date of filing of the suit till
its realization.
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Sum.Suit No.463/2018 2
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that the plaintiff is sole proprietory
concern of Mr.Bhavesh Ambavi Patel and dealer in Computer
consumable products viz.Toners etc. The defendants are carrying on the
business of Computer Consumable Products for which they require
product with toners. The defendant approached to the office of plaintiff
and they placed the purchase order and requested to dispatch the goods
to their office Lachit nagar, Guwahati. Accordingly the plaintiff sold,
supplied and delivered the goods to the defendant as ordered and
raised the invoice viz.Tax Invoice no.8882 dated 9/9/2016 for
Rs.1,26,400/. The defendant agreed to pay amount within a period of
15 days from the date of bill and also agreed that in case of failure, they
will pay interest at the rate of 18% p.a. on due amount. It is submitted
that the defendant failed to pay the amount though repeatedly
demanded by the plaintiff from time to time. Ultimately, the
plaintiff issued the legal notice on 19/9/2017 to the defendant and
demanded the aforesaid amount alongwith interest. But the
defendant failed to comply the same. Consequently, the plaintiff has
filed the present suit.
3. The plaintiff has filed on record affidavit of service on record.
Defendant inspite of service of writ of summons did not appear in the
suit. Therefore, the suit is proceeded exparte against the defendant .
4. Plaintiff has filed affidavit of evidence of Bhavesh Patel in
support of suit claim at Exhibit 5, in which he has reiterated the
contents of plaint, elaborately. So also, he has filed the List of
documents at Exhibit 6. He has filed the documents like Tax Invoice
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Sum.Suit No.463/2018 3
no.8882 dated 9/9/2016, and Copy of Notice issued by the advocate for
plaintiff 19/9/2017, postal receipt, acknowledgment etc.
5. As the defendant has failed to put his appearance and contest
the suit therefore, in these circumstances in view of the provisions of
subrule2 of Rule3 of Order XXXVII of C.P.Code, the averments made
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 12%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.463/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.1,59,499/
(Rupees One Lac Fifty Nine thousand Four hundred and Ninety Nine)
alongwith interest on the principal amount of Rs.1,26,400/, at the rate
of 12% p.a. from the date of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
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Sum.Suit No.463/2018 4
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 13/03/2019 City Civil Court, Gr. Bombay
Date of Dictation : 13/03/19.
Date of Transcription : 13/03/19.
Date of signature : 16/03/19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
16/3/19 1.30p.m. Mrs.Jyoti Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
14/3/19
Judgment/order signed by P.O on 16/3/19
Judgment/order uploaded on 16/3/19
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