Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010031712018 Presented on 05/03/2018
Registered on 17/04/2018
Decided on 23/02/2026
Duration 07Y: 11M: 18D
Exhibit 15
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 505 OF 2018
M/s. Chetna Book Depot ]
Chetna Education Limited ]
a Partnership firm, having its registered ]
office at 263-C, Khatau Wadi, Behind ]
Central Cinema, Goregaonkar Lane, ]
Girgaon, Mumbai-400 004. ]...Plaintiffs
V/s. ]
1. S.P. Public School ]
1st Cros, Amar Jyothi Layout, Thanisandra ]
Main Road, Bangalore-560077. ]
2. Mrs. Susha Chandran ]
An adult, age not known ]
1st Cross, Amar Jyothi Layout, Thanisandra ]
Main Road, Bangalore-560077. ]...Defendants
Appearance:-
Ld. Adv Sudhakar Lakhani for plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 23/02/2026
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JUDGMENT
( Dictated and pronounced in open Court)
01. This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (CPC), by the plaintiff for recovery of an amount
of Rs.1,00,946/- along with further interest from the defendants. On
perusing record, it appears that suit against defendant No.2 is
dismissed in view of order dated 10/11/2023.
Brief facts of the plaintiff’s case may be summarized as under:
02. As per the plaintiff, it is a registered partnership firm.
Defendant No.1 is a School and Defendant No.2 is trustee of defendant
No.1. The plaintiff used to supply educational books to the defendant
No.1 as per orders placed by it. The defendant No.1 sold, supplied and
delivered goods through transporter M/s. V.R.L. Logistics during the
month of June 2016 for an aggregate amount of Rs. 79,259/-.
Accordingly, plaintiff raised Invoice No.14169.01 dated 27/06/2016
for sum of Rs.68,135/- and Invoice No.14169.02 dated 28/06/2016
for sum of Rs. 11,124/-, total amounting to Rs. 79,259/-. There were
terms and conditions in the invoice if payment is not made within 30
days, defendant is liable to pay interest at the rate of 18% p.a. The
plaintiff repeatedly requested the defendant to pay the outstanding
amount however, the defendant failed and neglected to pay the same.
Therefore, advocate notice dated 17/10/2017 was issued to
defendants and called upon to make the payment of Rs.96,764/- with
interest. Defendant No.1 refused to accept the notice. Defendant No. 1
failed and neglected to pay the outstanding amount. Therefore,
plaintiff is entitled for principal amount of Rs. 79,259/- and amount of
Rs.21,687/- towards interest, total amounting to Rs. 1,00,946/- till the
date of filing of the suit. The plaintiff is also entitled for further
interest. Hence, this suit.
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03. The writ of summons sent by RPAD to defendant No. 1 is
served on 07/12/2023. The plaintiff has filed affidavit of service at
Exh. 5. Despite service of the suit summons, defendant No. 1 has not
caused its appearance and therefore, the suit proceeded ex-parte
against it vide order dated 13/06/2024.
04. Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled to recover
an amount of Rs.1,00,946/- from
defendant No.1? If yes, at what rate of
interest ?
No
2. What order and decree? As per final order.
05. In support of claim, the plaintiff has filed affidavit of claim
of Mr. Shaji John, Constituted Attorney of the plaintiff at Exh. 6 and
additional affidavit at Exh. 6A and reiterated his contention in the
plaint for recovery of Rs.1,00,946/- along with the further interest at
the rate of 18% p.a. from defendant No. 1. The plaintiff has filed and
relied upon the following documents. The plaintiff has closed its
evidence vide pursis Exh. 14.
Sr.
No. Exhibit Particulars
1 Exh.9 True copy of resolution
2 Exh.10 Office copy of Invoice No.
3 Exh.11 Office copy of Invoice No.14169.01 dated 27/06/2016
for sum of Rs.68,135/-.
4 Exh.12
colly
Office copy of Invoice No.14169.02 dated 28/06/2016
for sum of Rs. 11,124/-.
4 Exh.13
colly
Office copy of notice dated 17/10/2017 along with
postal receipts and returned packets.
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R E A S O N S
As to Points No. 1 and 2 :-
06. Perused plaint, oral and documentary evidence on record.
Heard learned counsel for the plaintiff. Further, Mr. Shaji John P.W.1
has reiterated the contentions in the plaint in its evidence in affidavit
at Exh. 6 and 6A. The plaintiff has filed extract of Resolution passed by
Board on 22/01/2024 at Exh.9 to demonstrate that the plaintiff
company has authorized Mr. Shaji John P.W.1 to file suit and depose
before the Court. On perusing said document, it supports the
contention of the plaintiff.
07. It is the pleading of the plaintiff that as per the orders of
defendant No.1 that they had supplied educational books to defendant
No.1 and accordingly raised Invoice No.14169.01 dated 27/06/2016
for sum of Rs.68,135/- and Invoice No.14169.02 dated 28/06/2016
for sum of Rs.11,124/-, total amounting to Rs.79,259/-. The said
invoices are filed on record at Exh.10 and 11 respectively. On perusing
said invoices, it supports the contention of the plaintiff. However, on
perusing said invoices it does not bear acknowledgment of defendant
No.1.
08. The plaintiff has pleaded that said goods were delivered to
defendant through transporter M/s. V.L.R. Logistics in the month of
June, 2016. However, plaintiff has not produced any transport receipt
or delivery challan on record to show that goods were delivered to the
defendant No.1. Further, plaintiff has relied on extract of Ledger
account for the period of 01/4/2016 to 31/03/2017. The said ledger
extract is filed on record along with certificate u/s. 65 B(4) of the
Indian Evidence Act at Exh.13 colly. On perusing said Ledger Extract, it
appears that its supports the contention of the plaintiff that an amount
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of Rs. 79, 259/- is due against defendant No.1. However, the plaintiff
has not filed any document on record to show that either invoices at
Exh.10 and 11 as well as extract of Ledger account at Exh.13 colly was
served to the defendant. Further, plaintiff has filed on record demand
notice dated 17/10/2017 issued to defendants at Exh.12 colly. On
perusing said demand notice along with returned sealed envelopes, it
appears that notice sent to defendant No.1 is returned with remark,
“refused” and notice sent to defendant No.2 is returned with
remark,”left”. Admittedly, there is nothing on record to show that
defendant No.1 has filed reply to the said notice.
09. It is pertinent to note that plaintiff has filed Summary Suit
under Order 37, Rule 2 of C.P.C. to recover an amount against
defendant No.1. As per Order 37, Rule 2 of C.P.C., Summary Suit is
maintainable only if there is admitted liability or there is contract
between the parties. In the present case, though the plaintiff has
contended that as per the purchase order placed by defendant No.1
they have supplied goods to the defendants. However, the plaintiff has
not specifically pleaded when orders were placed by the defendants.
As discussed above, there is no evidence on record to show that goods
were delivered to the defendants and the defendants have admitted
and accepted the liability. The plaintiff has failed to prove his
contention. Therefore, the plaintiff is not liable to claim any relief.
Hence, I answer point No. 1 in the negative and in answer to point No.
2, I proceed to pass the following order.
O R D E R
1] The Summary Suit No. 505 of 2018 is dismissed.
2] No order as to costs.
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3] The decree shall be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai.
Dated: 23/02/2026 Court Room No.81
Dictated on:23/02/2026
Corrected & signed on:23/02/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
24/02/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 23/02/2026
JUDGMENT/ORDER signed by P. O. on 24/02/2026
JUDGMENT/ORDER uploaded on 23/02/2026
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