Order 1

Order Details: Other
Pdf Text: 1 SJ No.281/2018 in Summary Suit No.375/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT No.281 of 2018
(CNR NO. MH CC010118572018)
In
SUMMARY SUIT NO. 375 OF 2018
Jayant Color & Chemical Industries
A Partnership Firm registered under the
provisions of the Partnership Act, 1932
carrying on business at Tulsiram Gupta
Mills Estate, Darukhana, Reay Road,
Mumbai 400 010 ....Plaintiff
V/s.
1) Shalom Paints
A firm carrying on business at
N.H. Aher Complex, Tal.Rahate,
DistAhmednagar, Loni413 713
2) Vijay Brahamane
an Indian Inhabitant of Mumbai
carrying on business in the name and
style of SHALOM PAINTS, at
N.H. Aher Complex, Tal.Rahate,
DistAhmednagar, Loni413 713
as a Sole Proprietor ....Defendants
Appearance:
Mr. Mahesh Devani, Advocate for plaintiff.
None present for Defendant.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.No.40)
DATE : 18th October, 2019.
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2 SJ No.281/2018 in Summary Suit No.375/2018
ORDER
1. Plaintiff has taken out this Summons for Judgment for
recovery of Rs.1,37,377 / alongwith interest @ 24% p.a.
2. Plaintiff has come up with the case that it is a partnership
firm registered under the provisions of Partnership Act, 1932. The
Defendant No.1 is firm carrying on business and Defendant No.2 is the
Proprietor of defendant No.1. As per the orders and instructions of
defendants placed with the plaintiff at Mumbai, the plaintiff has sold,
supplied and delivered the goods to the defendants under various
invoices. The amount of the said invoices have been duly debited in the
account of defendants and for part the payment received from the
defendants, due credit has been given by the plaintiff. However, there is
balance sum of Rs.82,757/ due and payable by defendants.
3. The goods have been sent through Transporters under the
various lorry receipts to the defendants. Those have been duly received,
accepted and retained by the defendant without raising any dispute
regarding quality, quantity and price in respect thereof. The defendants
have duly confirmed and admitted the statement of ledger account with
the rubber stamp of Defendant No.1 under the signature of Defendant
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3 SJ No.281/2018 in Summary Suit No.375/2018
No.2. Though, the repeated requests were made by the plaintiff for
payment of balance amount, defendants failed and neglected to make the
payment or any part thereof. Eventually, the letter dated 16.06.2016 by
R.P.A.D. under the signature of Advocate of plaintiff's was issued to the
defendants calling upon them to make the payment of Rs.82,757/
together with agreed interest thereon.
4. The said letter was returned with remark “REFUSED” from
the postal authority. Therefore, letter dated 05.07.2016 was sent by the
Speed Post to the defendant No.1 which was duly received and
acknowledged by defendant No.1 on 13.07.2016. Hence, the suit is filed
and it is prayed that summons for judgment be made absolute.
5. Inspite of service of summons for judgment, defendants
failed to appear and apply for leave to defend the suit. Therefore,
summons for judgment proceeded without reply of defendant Nos.1 and
2.
6. I have heard the submission advanced by learned Advocate
for the plaintiff. The extract of ledger account of defendants from
01.04.2015 to 31.03.2016 in the Books of Accounts which is filed on
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4 SJ No.281/2018 in Summary Suit No.375/2018
record alongwith copy of invoices dated 15.12.2014, Lorry Receipts
No.2530 dated 15.12.2014, confirmation of accounts signed by the
defendant No.2 with rubber stamp of defendant No.1, copy of letters
dated 16.06.2016, 05.07.2016 addressed to the defendant No.1
acknowledgment thereof. It is evident from the record that as per the
invoices dated 15.12.2014, goods worth Rs.20,682/ were delivered to
the defendant No.1. Confirmation of account signed by defendant
reflects that the last payment was made on 20.05.2015 on the invoice
dated 15.12.2014. Suit is filed on 01.03.2018. Considering the date of
last payment made by the defendant, suit is filed within the period of
limitation. Plaintiff has claimed interest @ 24% p.a.. The said rate of
interest is mentioned in the invoice dated 15.12.2014. However, the
same is not confirmed by the defendants and therefore plaintiff is
entitled for the interest @ 18% p.a. on the sum of Rs.82,757/. As the
defendants failed to apply for leave to defend the suit, contentions
raised by the plaintiff coupled with original documents adduced on
record shows that the defendants are in due of Rs.1,12,549/ with
further interest of Rs.82,757/ @ 18% from the date of filing of the suit.
Accordingly summons for judgment is required to be made absolute as
discussed above. Resultantly, I pass following order.
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ORDER
1. Summons For Judgment No.281/2018 in Summary Suit
No.375/2018, is made absolute and suit is partly decreed with cost.
2. Defendants are directed to pay the plaintiff sum of
Rs.1,12,549/ (Rs. One Lakh Twelve Thousand Five Hundred Forty Nine
Only), to the plaintiff alongwith further interest @ 18 % p.a. on Rs.
82,757/ from the date of filing of the suit till the realization of decretal
amount.
3. Decree be drawn up accordingly.
4. Summons for Judgment No.281/2018 and suit is disposed off.
5. Court fee, if any, be refunded as per rules.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 18/10/2019
Dictated on : 18.10.2019
Transcribed on : 22.10.2019
Signed on : 24.10.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
24.10.2019 4.50 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 18.10.2019
Order signed by P.O. on 24.10.2019
Order uploaded on 24.10.2019
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