Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 03.04.2019
Registered on : 03.04.2019
Decided on : 13.01.2020
Duration : Year 00 Month09 Days10
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.462 OF 2019
(CNR NO. MH CC010030052019)
Exhibit13
Galaxy Metal Impex.
Through its proprietor Satyanarayan Chinnayya Jakkul,
Age.: 49 years, Indian Inhabitant,
Registered Office at 502, Fifth Floor,
Kapurwala Building, 218/220,
Samuel Street, Masjid Bunder,
Mumbai – 400 003. ….Plaintiff
V/s.
M/s. Sangli Technochem Industries,
Through its proprietor Mr. Mahendra Shelke,
Address : S.No.226/2, Plot No.28,
Khot Mala, Kananwadi Road,
Near Yamgar Pipe Factory,
A/P. Sawali – 416410.
Tal. Miraj, Dist. : Sangli. ... Defendant
SUIT FOR RECOVERY OF RS.63,199/
Appearance:
Mr.Vasant Bansode, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 13 th January, 2020
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JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a proprietary firm having their registered office at
502, Fifth Floor, Kapurwala Building, 218/220, Samuel Street, Masjid
Bunder, Mumbai – 400 003. Defendant is a proprietary firm which is
incorporated under the Companies Act, 1956. The plaintiff is engaged
in the business of stockiest and dealers in Tools and Alloy Steel, Carbon
Steel, Stainless Steel, Mild Steel, Aluminum, Copper, Brass, Ferrous and
non Ferrous Metals etc. Pursuant to the purchase order received from
the Defendant's at Plaintiff's aforesaid place of business situated at
Mumbai, plaintiff sold, dispatched and delivered goods as per their
requirement and raised invoices. It is the case of the plaintiff that
plaintiff had delivered goods to the defendant from time to time on
credit basis as defendant have been committed to clear the payment
within 30 days credit. The defendant had failed to pay amount of
Rs.63,199/ to the plaintiff in spite of various requests made by him and
receipt of the legal notice issued by the plaintiff dated 25th May 2018.
Hence, plaintiff is constrained to file the suit for recovery of the said
amount. The total suit claim of the plaintiff for Rs.63,199/.
3. The suit summons were duly served on the defendant but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment.
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4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
Sr.
No.
POINTS FINDINGS.
1. What is due and payable
from the defendants to the
plaintiff ?
A] If yes, what would be the
rate of interest?
Amount of
Rs.63,199/ with
interest
@ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. The witness – Jakkul Chinnayya Satyanarayan Authorised
representative of the plaintiff has filed his affidavit at Exhibit 6. In
order to prove the case of the plaintiff filed following documentary
evidence.
Exhibit.
No.
Description of documents Date
Exhibit8 This document is original power
of attorney of Jakkul Aruna
dated 19/05/2017
Exhibit 9 This document is original invoice
no. 0284 of Rs. 1,35,500/
dated 16/09/2017
Exhibit 10 This document is demand notice
issued by plaintiff's advocate
dated 25/05/2018
Exhibit 11 This document is original postal
receipt
dated 26/05/2018
Exhibit 12 This document is original postal
return envelop issued by plaintiff's
advocate on defendant
dated 26/05/2018
AS TO POINT NO.1
6. All the documents produced by the plaintiff at list Exhibit 8 to 12
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goes to establish that plaintiff has given total loan of Rs.63,199/ to
defendant. The documents further prove that the amount of
Rs.63,199/ is due and payable to the plaintiff company from
defendants towards the goods purchased by defendant. But, defendant
has paid sum of Rs.72,301/ to the plaintiff and failed to pay balance
amount of Rs.63,199/ towards sale of goods. The documents at list
Exhibit 8 to 12 goes to establish that defendants are liable to pay
Rs.63,199/ to the plaintiff on the date of filing of the suit towards the
purchase of goods and therefore he has giving false excuse for not
repaying the purchase of goods, he failed and neglected to reply the
outstanding amount which was taken as goods purchased from the
plaintiff. In this background, it is held that plaintiff is entitled to
recover sum of Rs.63,199/ from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 18% per annum, if the transaction is commercial
and there is no contract pertaining to the same between the parties. In
the present case the transaction is a commercial one and there is no
express contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.63,199/. Hence, point no.1 is answered in the
affirmative.
As to point no.2:
8. In view of discussion and finding on point no.1 it is held that the
plaintiff is entitled to recover Rs.63,199/ from the defendant with
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interest at the rate of Rs.10% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2 I proceed to pass
the following order :
: ORDER:
1. The defendant shall pay Rs.63,199/ (Rupees
Six Thousand, One Hundred Ninety Nine only) to the
plaintiff with interest at the rate of 10% per annum
from the date of filing of the suit till its realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 13/01/2020
Typed on : 13.01.2020
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.01.2020 05.20 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 13.01.2020
Order signed by P.O. on 13.01.2020
Order uploaded on 20.01.2020
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