Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 01.03.2018
Registered on 01.06.2018
Decided on 12.12.2018
Duration Yrs. M. Days
06 11
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.550 OF 2018
Hiralal Dalichand Gandhi
an adult aged 50 years, carrying on his
business as a sole proprietor in the name
and style of M/s. Jagdish Metal Corporation,
at 32/34, Keshav Bhuvan, 2nd floor, Room
No.16, 1st Carpenter Street, Mumbai400
004. ...Plaintiff.
V/s.
Bharat Maknaram Modi, age not known
Proprietor of M/s. Modi Stainless Steels
India Now residing at PostArnaay, Near
Flour Mill, TahsilSanchor, Dist.Jalore
343041. ...Defendant.
Appearances:
Ld. Adv Mr.Rakesh Jain for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th December,2018
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.22,73,494/ with interest.
MHCC01-003080-2018
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2. In short, plaintiff came with a case that, plaintiff is a proprietor of
M/s Jagdish Metal Corporation carrying business at the address
mentioned in the title clause of plaint. Defendant is proprietor of M/s.
Modi Stainless Steels India carrying on business formerly at No.6608,
Plot NO.9, Shop No.95, Dev Nagar, Karol Bagh, Delhi110 005
thereaftr at 10531, Bagichi Allouddin Gali No.4, Motia Khan, Paharganj,
New Delh110 005 and now residing at above stated address.
3. Plaintiff submitted that, defendant had placed orders for supply
of stainless steel goods under purchase order NO.MSSIPO1415
dt.24.11.2014 via Email and accordingly plaintiff sold and delivered
stainless steel to defendants vide Invoice No.4961 dt.27.11.2014 for
Rs.26,55,947/. The goods were delivered to defendant as per challan
NO.4961 dt.25.11.2014 through Super Roadways under LR No.266790
dt.27.11.2014. Defendant has admitted the delivery of the goods.
Defendant also agreed to pay interest @ 24% per annum after the
credit of 15 days from the date of the invoice.
4. Plaintiff submitted that, defendant has paid Rs.11,50,000/ from
time to time leaving balance of Rs.15,05,947/. But defendant has
failed and neglected to pay the outstanding amount. Therefore, finally,
through Advocates' letter dt.06.11.2017 called upon defendant to pay
the outstanding amount with interest. However, defendant has not
paid the amount. Therefore, plaintiff filed this suit against defendant
for recovery of outstanding due amount.
5. Writ of summons came to be issued against defendant. It served
upon defendant. Accordingly filed service affidavit at Exh.2. In spite of
service, none appeared for defendant. Hence, suit proceeded exparte
against defendant.
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6. In support of his claim plaintiff tendered chiefinaffidavit at
Exh.3 with list of documents at Exh.4. Plaintiff proved the following
documents :
Exh.5 D.sr.no.1, Purchase order.
Exh.6 D.sr.no.2, Original invoices.
Exh.7 D.sr.no.3, Original delivery Challan.
Exh.8 D.sr.no.4, Original L/r copy.
Exh.9 D.sr.no.5, Notice dt. 06/11/2017.
Exh.10 D.sr.no.6, Acknowledgement.
7. Heard learned Advocate for plaintiff. Perused record and
proceedings.
8. On perusal of purchase order it is clear that, defendant placed
order of the goods (stainless steel) with plaintiff and accordingly,
plaintiff sold and supplied the goods to defendant, which is delivered to
defendant as per delivery challan. Plaintiff also issued invoiced to
defendant, which was duly accepted by defendant without any
objection. Therefore, it is proved that, defendant have received the
goods. Plaintiff also fairly admitted that, from time to time defendant
paid Rs.11,50,000/. Therefore, it is now obligatory on defendant to
pay the outstanding dues against the goods.
9. In spite of service of Advocate/demand letter and service of writ
of summons of this Court, defendant has not dare to appear before this
Court to rebut the claim of plaintiff. Therefore, claim of plaintiff
remains unchallenged and unrebuted. The documents proved by
plaintiff also remain uncontroverted. Hence, claim put forth by plaintiff
remains unchallenged and unrebutted. Therefore, suit filed by plaintiff
for recovery under O.XXXVII R.2 of C.P.C. needs to be accepted.
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Defendant neither present nor rebutted the claim of plaintiff. Which
clearly establishes the claim of plaintiff. Therefore, plaintiff is entitled
to recover the outstanding amount due and payable with agreed with
interest. Being a commercial transaction defendant is entitled to
recover the dues with interest @ 18 % per annum. In spite of repeated
demand and opportunity defendant has not paid the amount.
Therefore, costs of this suit needs to be saddled on defendant.
10. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.22,73,494/ along with interest
@ 18 percent per annum on principal amount of
Rs.15,50,000/ to plaintiff from the date of filing of this
suit till realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 12/12/2018 City Civil Court, Gr. Mumbai
Dictated on : 12.12.2018
Transcribed on : 12.12.2018
Signed on : 12.12.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.12.2018 at 12.47 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 12.12.2018
Judgment/order signed by P.O. on 12.12.2018
Judgment/order uploaded on 13.12.2018
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