Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Summary Suit No. 313 of 2018
Filed on : 27.02.2018
Registered on : 27.02.2018
Decided on : 15.10.2019
Duration : Year 01 Month07 Days17
Exh09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.313 OF 2018
(CNR NO. MH CC010029512018)
M/s. Ronak Jewel
A Partnership Firm,
Registered under the Indian
Partnership Act, 1932 having its office
at 11, Krishna Bhuvan Shop No.9,
2nd Fofalwadi, Bhuleshwar Road,
Mumbai 400 002. ….Plaintiff
V/s.
Niket Kamlesh Mehta
Age : 33 years,
R/at : 3/88, Ground Floor,
Jitekarwadi Bldg No.7,
Opp. Jain Temple,
Kalbadevi, Mumbai400 002. .... Defendant
Appearance:
Ms. Anamika Tiwari, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 15 th October, 2019.
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JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is suit for recovery of Rs.1,80,861/ alongwith further
interest at the rate of 18% per annum.
2. The plaintiff has come up with the case that it is Partnership
Firm registered under the Indian Partnership Act, 1932. The defendant
is a family friend of Mr. Prakash Kaniyalal Soni, Partner of the plaintiff.
On 21.07.2017 and 22.07.2017, in pursuance of the oral order placed by
defendant with the plaintiff, the plaintiff has sold and delivered to the
defendant Indian chains of the required specification which were
personally collected by defendant from the shop of plaintiff. The plaintiff
had issued various invoices/bills for the said goods sold to the defendant.
3. It is the contention of plaintiff that the defendant has not
rejected/returned the Indian chains to the plaintiff. The said goods were
appropriated and accepted by the defendant without any objection as to
the quality, quantity and rates thereof. For payment of the bills of said
goods, the defendant had issued Cheque dated 21.07.2017 for
Rs.1,11,147/ and Cheque dated 22.07.2017 for Rs.52,474/
respectively, drawn on Bank of India, Girgaon Branch, Mumbai. Both
the cheques were presented by the plaintiff for encashment but they were
dishonoured alongwith the Bank Memos with remark “FUNDS
INSUFFICIENT”. It was immediately informed to the defendant
regarding dishonour of cheques and it was requested to make the
payment of the said cheques amount by pay order. However, the
defendant avoided to make the payment of the same. Eventually, on
16.11.2017, notice was issued by the plaintiff to the defendant calling
upon him to pay the amount of aggregate sum of Rs.1,63,621/. Hence,
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the suit is filed.
4. Defendant is duly served with Writ of Summons. He failed
to appear, therefore suit proceeded exparte against him.
5. Considering the oral and documentary evidence on record,
following points arise for determination and I have given findings against
each of them for the reasons stated below.
Sr.
No.
POINTS FINDINGS.
1. Whether plaintiff is entitled
to recover an amount of
Rs.1,80,861/ alongwith
further interest at the rate of
18% per annum ?
Partly Yes
2. What Order ? As per final
order.
REASONS
AS TO POINT NO.1
6. In order to substantiate its claim, plaintiff firm has relied on
the affidavit of ExaminationInChief of Mr. Prakash K. Soni, a Partner in
the plaintiff firm at Exh2. He has placed his reliance on the Copy of
Invoices/Bills dated 21.07.2017 and 22.07.2017, Two original
dishonoured cheques with the Bank Memos and Office copy of Notice
with the receipt and acknowledgment thereof vide list Exh4 to 8.
7. The evidence of Mr.Prakash K. Soni, alongwith the original
documents on record discloses that as per the oral order placed by the
defendant, Indian chains were supplied to the defendant for which the
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Tax invoices at Exh4 & 5 were issued. For the payment of the said
invoices, defendant issued the cheques at Exh6 and 7 which were
dishonoured as per recitals of the Bank Memos. The evidence on record
further discloses that as the defendant failed to make the payment of the
Indian chains, legal notice dated 16.11.2017 was issued by the plaintiff
firm to the defendant. Inspite of the receipt of notice, defendant failed to
comply the same. Since the defendant failed to appear in the suit and
contest the claim raised by plaintiff firm, the evidence of Mr. Prakash K.
Soni coupled with original documents on record remained unchallenged.
Therefore, plaintiff firm is entitled to recover an amount of Rs.1,63,621/
with further interest @ 18% p.a. from the date of filing of the suit till its
realization. Accordingly, I answer point no.1 as partly affirmative.
AS TO POINT NO.2
8. In view of forgoing discussion, it has come on record that the
plaintiff firm is entitled to recover an amount of Rs.1,63,621/ with
further interest @ 18% p.a. from the date of filing of suit till its
realization from the defendant. Therefore, for the answer of point no.2,
I pass following order.
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay the Plaintiff Firm sum of
Rs.1,63,621/ (Rs. One Lakh Sixty Three Thousand Six Hundred Twenty
One Only), with further interest @ of 18% per annum from the date of
filing of suit till the realization of decretal amount within two months
from the date of order.
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3. Decree be drawn up accordingly.
4. Court fee, if any, be refunded as per the rules.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 15/10/2019
Dictated on : 15.10.2019
Transcribed on : 16.10.2019
Signed on : 16.10.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
23.10.2019 12.10 p.m. Ms. Ujwala J. Bhagat
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 15.10.2019
Order signed by P.O. on 16.10.2019
Order uploaded on 23.10.2019
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