Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Summary Suit No. 364/2018
Filed on : 05.03.2018
Registered on : 05.03.2018
Decided on : 23.08.2019
Duration : Year 01 Month05 Days 20
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.364 OF 2018
(CNR NO. MH CC010031632018)
M/s. Indian Cab Corporation
A Partnership Firm, having its
registered office at: 11,
Takwadi, Shop No.1,
Kalbadevi Road, Opp. Edward Cinema
Mumbai – 400 002 (through its Partner
Mr. Sandeep Kavedia) ….Plaintiff
V/s.
M/s. Surendra Electricals
(through its sole proprietor
Mr. S. K. Nahata, India)
Age : 50 years, Adult.
Occupation : Business
having its office at: 21,
GN Market, Gandhi Marg,
Nagpur440 010 (Maharashtra) .... Defendant
Appearance:
Mr. Hiralal Chaturvedi, Advocate for the Plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 23 rd August, 2019.
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JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is suit for recovery of Rs.5,03,381/ being principal
amount and Rs.52,960/ being interest @ 24 % p.a.
2. It is the case of plaintiff that plaintiff is Partnership Firm and
carrying business of manufacturing various types of XLPE Electric PVC,
Industrial Cables and wires with Copper and Aluminium, Conductors
since many years.
3. The Defendant Mr. S.K. Nahata is sole proprietor of M/s.
Surendra Electrical's at Nagpur and dealer of Electrical PVC Cables
XLPE/Insulated Copper Conductor colour and were dealing with plaintiff
since prior to 26.04.2017. The defendants were buying Industrial
Electrical Cable and wires from plaintiff. Defendant placed written order
dated 04.04.2017, for 1C X 70 MM Aluminium Unarmor Cable PVC
Insulated Cables (hereinafter referred to as the “said goods”) and on
27.04.2017 the plaintiff had supplied the said goods under their Tax
invoices. The goods were supplied through Embee Road Services Pvt.
Ltd. Nagpur and delivered to defendant. The ledger account of
defendant has been maintained by plaintiff and as on 03.10.2007 the
outstanding amount is Rs..5,03,381/ due and payable by defendant to
plaintiff.
4. According to plaintiff as per the essential condition of the
Tax Invoices, it was duly agreed by the defendant to pay interest @ 24%
p.a., if not paid within seven days of Tax Invoice. As the defendant failed
to make the payment, the plaintiff issued demand notice dated
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10.10.2017 which was deemed to be served on defendant on 18.10.2017
as he “UNCLAIMED” the notice. Therefore, suit is filed.
5. Defendant is served with writ of summons. He failed to
appear. Therefore, suit proceeded Exparte against him.
6. 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.5,56,341/ with the
interest at the rate of 18%
per annum from defendant ?
Partly Yes
2. What Order ? As per final
order.
REASONS
AS TO POINT NO.1
6. In order to substantiate his claim, plaintiff has filed affidavit
of ExaminationInChief of Mr. Sandeep Kantilal Kavedia, the Partner of
Plaintiff Firm at Exh7. He has placed his reliance on Purchase Order
dated 04.04.2017, Tax Invoices and Lorry Receipts dated 26.04.2017,
Ledger Account Statement of defendant dated 03.10.2017, Office copy
of the notice dated 10.05.2017, Copy of registered post acknowledgment
unclaimed by defendants and Copy of Partnership Deed.
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7. The evidence of Mr. Sandeep Kantilal Kavedia alongwith
original as well as copies of documents on record disclosed that as per
the order placed by defendants, the plaintiff had supplied goods. The
said goods were duly received by the defendants. The Tax Invoices and
lorry receipt are filed on record. The evidence on record further
disclosed that as the defendant failed to make the payment of invoices,
the demand notice dated 10.05.2017 was issued by plaintiff to defendant
which was unclaimed by him. Though recitals of invoices reflects that
interest @ 24% p.a. will be charged on the said amount after 30 days, it
being exorbitant rate of interest, the plaintiff is entitled to recover an
amount of Rs.5,56,341/ @ 18% p.a. is on the amount of Rs.5,03,381/
from the date of filing of suit till its realization. Accordingly, point no.1
is answered as partly affirmative.
AS TO POINT NO.2
8. In view of forgoing discussion, it has come on record that the
plaintiff is entitled to recover an amount of Rs.5,56,341/ with further
interest on the amount of Rs.5,03,381/ @ of 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 sum of Rs. 5,56,341/
(Rs. Five Lakhs Fifty Six Thousand Three Hundred Forty One Only), with
further interest on the sum of Rs.5,03,381 / (Rs. Five Lakhs Three
Thousand Three Hundred Eighty One Only) @ of 18 % per annum from
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the date of filing of the suit till the realization of decretal amount.
3. Decree be drawn up accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 23/08/2019
Dictated on : 23.08.2019
Transcribed on : 26.08.2019
Checked on : 26.08.2019
Signed on : 26.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
27.08.2019 5.40 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 23.08.2019
Order signed by P.O. on 26.08.2019
Order uploaded on 27.08.2019
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