Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.366/2018
Received on : 06.03.2018
Registered on : 20.03.2018
Decided on : 16.01.2019
Duration : Y M D
00 10 12
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 366 OF 2018
CNR NO.: MHCC010031742018
Exh.20
Falco Auto Corporation, ]
A proprietory firm ]
Having its office at ]
22, Dilip Niwas, ]
Benham Hall Lane ]
Opera House, Mumbai – 400 004 ]
Through its Proprietor ]
Mrs. Kamaljit Kaur Chadha ]
Aged 49 years, Indian, ]
Inhabitant of Mumbai ] ...Plaintiff.
Versus
1. New Bhagwan Automobiles, ]
Proprietor firm having their ]
Address at Beed Parli Highway ]
Wadvani 432211, Dist.Beed ]
Maharashtra State. ]
2. Mr. Dilip Munde, ]
adult, Indian, inhabitant ]
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proprietor of defendant No.1 ]
New Bhagwan Automobiles ]
r/at Beed Parli Highway ]
Wadvani – 432211, Dist.Beed ] ….Defendants.
Appearances:
Advocate Mr. Vikram Kadam for the plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 16th JANUARY, 2019.
[ J U D G M E N T ]
Plaintiff case in short are as under :
1. Plaintiff is in the business of trading of motor spare parts and the
defendant is also in the business of retail trading of motor spare parts.
Plaintiff has supplied goods to the defendant from time to time on
credit basis. Plaintiff has raised bills and every consignment for payment
and the defendants acknowledged the receipt of such bills. Defendants
has placed an order amounting to Rs.50,639/. Defendants issued two
cheques to plaintiff, but the cheques were dishonoured when presented
to the bank. Plaintiff issued notice calling upon defendants to pay
amount of Rs.20,900/. Plaintiff again issued another legal notice on
15.11.2017 calling upon defendants to pay sum of Rs.13,007/, but
defendants failed to reply and pay money. Therefore, plaintiff filed
present suit.
2. It appears defendants failed to appear in the suit, therefore,
matter has proceeded exparte against them.
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3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.55,103/ from
defendant along with interest @ 18%
p.a. on the principal amount of
Rs.51,989/ from the date of filing of
the suit till its realisation ?
...Partly in the
affirmative.
2. What Order ? ...As per final order
REASONS
5. Plaintiff has filed evidence in the form of affidavit in lieu of
examination in chief of Mrs. Kamaljit Kaur Chadha below Exh.6.
Plaintiff relied upon the following documents as documentary evidence
which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Original Invoice No.220 dated 29.08.2017
2. Exh.9 Original Invoice No.232 dated 11.09.2017
3. Exh.10 Original Cheque No.102209
4. Exh.11 Original Cheque No.102206
5. Exh.12 Bank Return Memo
6. Exh.13 Bank Return Memo
7. Exh.14 Original Legal demand Notice served to
defendant dated 10.11.2017
8. Exh.15 Original Legal demand Notice served to
defendant 11.12.2017
9. Exh.16 Original Legal demand Notice served to deft
dated 15.11.2017
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10. Exh.17 Original accounts statement of the plaintiff with
the defendant.
11. Exh.18 Particulars of claim
AS TO POINT NOS. 1 AND 2:
6. Mrs. Kamaljit Kaur Chadha (P.W.1) has stated in her
examination in chief filed in the form of affidavit that she is proprietor
of plaintiff Company. She has further stated that as per the original
invoice No.220 dated 29.09.2017 for Rs.32,557/ alongwith its lorry
receipt No.06985479 dated 04.09.2017, Article 7 of Batco Roadlines
Corporation and invoice No.232 dated 11.09.2017 for Rs.18,082/
alongwith its lorry receipt No.06987619 dated 13.09.2017, supplied
and sold goods to defendant. She further stated that the defendants had
issued two cheques in her favour bearing Nos. 102206 dated
25.10.2017 for Rs.20,000/ and another cheque No.102209 dated
10.11.2017 for Rs.12,557/ both drawn on State Bank of India,
alongwith bank return memos with remarks “dishonoured for
insufficient funds”. She has further stated in evidence that her
Advocate served the defendants with three Legal Demand Notices dated
10.11.2017, 15.11.2017 and 11.12.2017 respectively. She has further
submitted that the defendants have not paid a singly penny till date and
thus the defendants has admitted her liability and thus acknowledges
the outstanding amount as their debt. She has further stated that there
is now due and payable by the defendants to the plaintiff the sum of
Rs.51,989/ (Rupees Fifty one thousand nine hundred eighty nine only)
being the principal amount alongwith the amount of interest @ 18%
per annum from one month of credit limit being 31.10.2017 till filing of
the present suit.
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7. It appears all the averment in the plaint and oral and documentary
evidence lead by the plaintiff has remained unchallenged by the
defendants. The oral evidence of plaintiff is corroborated by
documentary evidence. Therefore, plaintiff has proved that the amount
payable by defendants was of Rs.51,989/.
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.51,989/ along with interest for 9 months @ 9% p.a.
which comes to Rs.3509.2 in total Rs.55,498.2. Plaintiff is also entitled
to get interest @ 9% p.a. on the principal amount of Rs.51,989/ from
the date of filing of the suit till its realisation. Hence, answer point No.1
partly in the affirmative and pass following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs.55,498.2 to plaintiff
along with interest @ 9% p.a. on the principal amount of
Rs.51,989/ from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 16.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 16.01.2019
Transcribed on : 16.01.2019
Signed on : 16.01.2019
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:6: Summary Suit No.366/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19.01.2019 At 1:58 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
16.01.2019
Judgment/Order signed by P.O. on 16.01.2019
Judgment/Order uploaded on 19.01.2019
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