Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 379/2018 1
Registered on : 23.03.2018
Decided on : 05.02.2019
Duration : 00 10 12
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.379 OF 2018
Premier Industrial Agencies,
a Partnership Firm incorporated under the
provisions of the Indian Partnership Act, 1932
and having its Registered office at,
Malhotra Chambers, Room No.203,
2nd Floor, 31/33, Police Court Lane, Fort,
Mumbai – 400001.
Through its Partner Mr.Hemant Jamnadas
Toprani. .....Plaintiff
V/s.
Ushaben Bhagwandas Mehta
Carrying on Business in the
Firm name and style of
Nitai Flourosil Corporation
Having its Registered Office at,
Flat No.3, Raj Tower, W.E.Highway
Opp.Gujrat Gaurav Hotel, Dahisar (E)
Mumbai – 400068.
AND
At K2, National Mill Compound,
Next to H.P.Petrol Pump, S.V.Road
Dahisar (E), Mumbai 400068. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :05/02/2019.
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Sum.Suit No. 379/2018 2
Advocate Mr.Murlidharan for the plaintiff
Exparte against defendant.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.16,60,188/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.12,54,774/ from the date of filing of the suit till
its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that it is a registered partnership firm,
the defendant is carrying on the business in the firm name and style of
Nitai Flourosil Corporation, as sole Proprietor. It is contended that they
had business relations from last 8 years. In the month of March 2016
and April 2016, the defendant placed several orders for diverse
quantities of the product Hardener and Araldite with the plaintiff on the
various dates and the plaintiff accepted the said orders placed by the
defendants. The plaintiff has contended that on the basis of the said
order the plaintiff supplied the said goods to the defendant as per the
delivery challans mentioned below:
Sr.
No.
Delivery
Challan No.
Date Quantity (Pcs) Date of
Delivery/collection
1. 001750 31.03.2016 2000 Hardener 31.3.2016
2. 0041 11.4.2016 200 Araldite 11.4.2016
3. 0045 13.4.2016 800 Araldite 13.4.2016
4. 0046 13.4.2016 800 Hardener 13.4.2016
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Sum.Suit No. 379/2018 3
3. The representative of the defendants collected the said goods
from the plaintiffs godown and acknowledged the receipt of the same
by putting rubber stamp and signatures on the delivery challan the
defendant accepted the said goods without any objection and demur, so
also, the defendant utilised the same. It is contended that in the earlier
deliveries to the defendants, the plaintiff received the payments on the
time for the goods sold and delivered to the defendant. But the
defendant fails to make the payment of the said goods supplied to them,
within time as per the invoices and challans. It is contended that after
continuous follow up with the defendant, he failed and neglected to pay
the outstanding dues to the plaintiff.
4. It is contended that by letter dated 7/12/2016 the defendant
acknowledged their liability towards the goods sold and supplied to
them by the plaintiff and assured to the plaintiff that they will pay the
dues before 31/1/2017. But the defendants failed to pay the amount.
Ultimately, the defendant issued six cheques to the plaintiff for total
amounting to Rs.12,08,816/, as detailed in para no.4(k) of the plaint.
The plaintiff presented the said cheques for encashment but they were
dishonoured and returned back to the plaintiff with remark Exceeds
Arrangement”. Thereafter, the plaintiff issued the notice dated
8/6/2017 to the defendant, though the defendant received the same
but failed to pay the amount. Consequently, the plaintiff has filed the
present suit.
5. The plaintiff has filed on record affidavit of service of summons
at Exhibit 2. Defendants inspite of service of Writ of Summons did not
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Sum.Suit No. 379/2018 4
appear in the suit. Therefore, my learned predecessor in office passed
an order of suit to proceed exparte against the defendant vide order
dated 03/05/2018.
6. Plaintiff has filed affidavit of evidence of PW 1 Mr.Hemant
Toprani in support of suit claim at Exhibit 3, in which he has reiterated
the contents of plaint, elaborately. So also, he has filed the List of
documents at Exhibit 4. He has filed the documents like original
delivery challan, original invoices, original letter dated 7/12/2016
addressed by the defendant to the plaintiff, Original cheques, Original
Bank Memos, Copy of legal Notice dated 8/6/2017 etc.
7. 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 @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.379/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of
Rs.16,60,188/(Rupees Sixteen Lacs Sixty thousand One Hundred and
Eighty Eight) with simple interest on the principal amount of
Rs.12,54,774/, at the rate of 9% p.a. from the date of filing of the suit
till its realization.
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Sum.Suit No. 379/2018 5
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 05/02/2019 City Civil Court, Gr. Bombay
Dictated on : 05/02/2019
Transcribed on : 05/02/2019
Signed on : 06/02/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
6/2/2019 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
5/2/2019
Judgment/order signed by P.O on 6/2/2019
Judgment/order uploaded on 6/2/2019
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