Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 337 of 2020 Page No. 1 C.R.No.13
MHCC010029392020
Presented on 06-03-2020
Registered on 12-10-2020
Decided on 21-03-2023
Duration Yrs. M. Days
03 00 15
CNR No. MHCC010029392020
EXHIBIT09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.337 OF 2020
FALCO AUTO CORPORATION,
A proprietary firm having its office at 22,
Dilip Niwas, Benham Hall Lane, Opera
House, Mumbai 400 004. Through its
Proprietor Mrs. Kamaljit Kaur Chadha Aged
52 years, Indian Inhabitant of Mumbai. ...Plaintiff
V/s.
1. ADINATH TRACTOR PARTS
Proprietor firm having their address at
MhowNeemuch Road, Daloda – 458667,
DistMandsaur, StateMadhya Pradesh
2. MR. MUKESH SAGRAWAT
adult, Indian inhabitant, Age not known,
Proprietor of Defendant No.1 Address at
MhowNeemuch Road, Daloda 458667,
DistMandsaur, State Madhya Pradesh. ...Defendants
Appearances:
Learned Adv. Ashneel Saliya h/f V. Kadam Associates for plaintiff.
None present for defendant.
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Summary Suit 337 of 2020 Page No. 2 C.R.No.13
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 21th MARCH, 2023.
J U D G M E N T
(Exparte)
1. The present Suit is filed by the plaintiff for recovery of a
sum of Rs.37,582/ (Rupees Thirty Seven Thousand Five Hundred and
Eighty Two Only) alongwith further interest at the rate of 18% per
annum on the principal sum of Rs.30,309/(Rupees Thirty Thousand
Three Hundred and Nine only) from the date of suit till its realization.
2. The facts in brief are as follows :
The Plaintiff is a proprietary firm carrying out business of
trading of Motor spare parts. Defendant no.2 is the sole proprietor of
Defendant no.1 and is also in the business of retail trading of motor
spare parts. Pursuant to the orders placed by the defendants the
plaintiff sold, supplied and delivered various goods to the defendants.
The plaintiff placed invoices alongwith lorry receipts to the defendant.
The plaintiff from time to time supplied goods to the defendants. The
plaintiff raised the invoices. The defendants agreed to pay the amount
under the invoices but thereafter failed to pay the outstanding amount.
The defendants issued a cheque dated 10.09.2019 for discharge of their
liability. The said cheque on presentation was dishonored. The plaintiff
issued legal notice to the defendants but the defendants failed to clear
the outstanding dues and therefore, plaintiff filed the present suit. The
plaintiff prayed for the outstanding dues alongwith interest at the rate
of 18% per annum from the date of suit till its realization.
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Summary Suit 337 of 2020 Page No. 3 C.R.No.13
3. The defendants were duly served. But they failed to appear.
Hence they were proceeded exparte as per order dt.05.11.2022.
4. The plaintiff filed Compilation of Documents vide Exhibit
04. The plaintiff filed invoices alongwith lorry receipts, cheque
dt.10.09.2019 alongwith dishonor Memo and Legal demand notice. The
documents shows that the defendants placed orders and as per the
invoice the plaintiff supplied the goods to the defendants. The
defendants received the notice. The perusal of documents shows that
the plaintiff supplied the goods to the defendant. However, the
defendant failed to appear and challenge the oral and documentary
evidence of plaintiff. The evidence of plaintiff has therefore, gone
unchallenged. The documents filed by the plaintiff shows that pursuant
to the order placed by the defendants the plaintiff supplied the goods to
the defendants.
5. The defendants acknowledged the delivery of goods
without any protest. The defendants never disputed the quality and
quantity of the goods. The defendants admitted his liability by issuing
the cheque to the plaintiff. Under Section 118 (a) of Negotiable
Instruments Act 1881, a presumption follows that, every instrument
accepted, endorsed or transferred was for consideration. Thus it can be
presumed that the cheque was issued towards consideration of the
goods delivered to the defendants. The defendants also defaulted in
entering an appearance in the present suit and therefore the contents of
the plaint shall be deemed to have been admitted by the defendants.
The plaintiff has therefore, proved that the goods were sold and
supplied to the defendants but the defendant failed to acknowledge the
liability and to pay the amount and therefore, the plaintiff is entitled for
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Summary Suit 337 of 2020 Page No. 4 C.R.No.13
the outstanding amount of Rs.37,582/ (Rupees Thirty Seven Thousand
Five Hundred and Eighty Two Only).
6. The plaintiff is demanding the interest at the rate of 18%
percent per annum. It seems that the rate of interest is exorbitant and
therefore, the interest at the rate of 9% would suffice the purpose.
I, therefore, proceed to pass the following order:
ORDER
1. The Summary Suit No.337 of 2020 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay the amount
of Rs.37,582/(Rupees Thirty Seven Thousand Five Hundred and
Eighty Two Only) to the plaintiff along with interest at the rate of
9 percent per annum on the principal amount of Rs.30,309/
(Rupees Thirty Thousand Three Hundred and Nine 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: 21032023 City Civil Court, Gr. MUMBAI
Direct typed on : 21032023
checked on : 21032023
Signed on : 21032023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summary Suit 337 of 2020 Page No. 5 C.R.No.13
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.03.2023 at 5.35 p.m.
UPLOAD DATE AND TIME (MR. YATISH R. JAGDALE)
CLERKTYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order 21.03.2023
Judgment/order signed by P.O. on 21.03.2023
Judgment/order uploaded on 24.03.2023
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