Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 80/21. 1 Ex-parte Judgment (Exh.13).
MHCC010034712020
Presented on : 23-06-2020
Registered on : 04-03-2021
Decided on : 22-03-2022
Duration : 1 years, 8 months, 29 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 80 OF 2021
Exh.13.
M/s. Orbit Lifescience Pvt. Ltd. )
A company incorporated in Company Act, 1956 )
having their office at 07th floor, Mehta Mahal, )
15th Mathew Road, Opera House, )
Mumbai400 004 )
Through it's authorized representative, )
Mr. Janak Jivanlal Gandhi, Aged 53 yrs )...Plaintiff
Versus
1. M/s. Med Globe Therpeutics Ltd. )
A company registered in Indian Companies Act, 1956 )
Having it's address at Khasra No.311, )
Bhagawanpur Paranga, Roorkee247667 )
Uttarakhand, India, Pin247667 )
2. Mr. T. Vinay Kumar )
Age: not known, occupation: business, )
Having his address at M/s. Med Globe Therpeutics Ltd. )
Khasra No.311, Bhagawanpur Paranga, )
Roorkee247667, Uttarakhand, India, Pin247667 )
3. Mr. Harish Raju Penumatsa )
Age: not known, occupation: business, )
Having his address at M/s. Med Globe Therpeutics Ltd. )
Khasra No.311, Bhagawanpur Paranga, )
Roorkee247667, Uttarakhand, India, Pin247667 )...Defendants
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Comm.Suit No. 80/21. 2 Ex-parte Judgment (Exh.13).
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 22nd MARCH, 2022.
Shri Paras Vira, Advocate for the plaintiff.
Defendants – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a company registered under the
provisions of the Companies Act, 1956 having engaged in the business
of importers and exporters, Indenters of Chemicals and
Pharmaceuticals. Defendant no.1 is also a company registered and
incorporated under the provisions of the Companies Act, 1956.
Defendants no.2 and 3 are Chief Executive Officer and Director of
defendant no.1 company respectively. Defendant no.1 entered into a
subject matter transaction with the plaintiff through defendants no.2
and 3. As per purchase order no. 01517, the defendants agreed to
purchase pharmaceutical raw material by name CEFIXIME IP from the
plaintiff. The payment of goods is required to be made by the
defendant by after 60 days credit period through postdated cheques as
per terms in the purchase order. The plaintiff sold and supplied
CEFIXIME IP to the defendants as per invoice dated 22/02/2017
(Exh.7) worth Rs.5,10,000/ through transporter M/s. Om Logistics
vide Consignment dated 03/03/2017. The defendants accepted the
delivery of goods. Defendant no.3 admitted in his email dated
13/10/2017 that payment of the said invoice has been delayed and it is
due to closure of their plant (Exh.8). As the defendants failed to make
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Comm.Suit No. 80/21. 3 Ex-parte Judgment (Exh.13).
payment of outstanding amount, the plaintiff's advocate sent notice
dated 20/01/2018 (Exh.9) to the defendants and it is received by them
as per track report (Exh.11). Even then, outstanding amount was not
cleared by the defendants. Hence, the plaintiff filed the suit for
recovery of outstanding amount of Rs.8,63,760/ (principal amount of
Rs.5,10,000/ plus interest of Rs.3,53,760/ at the rate of 24% p.a. from
24/04/2017 to 15/03/2020). He also claimed further interest at the
rate of 24% p.a. on principal amount of Rs.5,10,000/ from the date of
filing of the suit till the date of realization with costs of the suit.
3. The defendants are duly served with writ of summons as
per affidavit of service (Exh.2), but they failed to appear and oppose the
claim of the plaintiff. Therefore, I passed the exparte order against
them on 09/09/2021.
4. PW 1 Sanjay, Authorized Representative of the plaintiff
deposed on evidence affidavit (Exh.4) and proved documents filed with
list of documents (Exh.5). Proved documents are at Exh.6 to 11. The
plaintiff closed evidence vide pursis (Exh.12). Heard learned counsel
Shri Paras Vira for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.8,63,760/ (principal amount of
Rs.5,10,000/ plus interest of
Rs.3,53,760/ at the rate of 24% p.a.
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Comm.Suit No. 80/21. 4 Ex-parte Judgment (Exh.13).
from 24/04/2017 to 15/03/2020) from
the defendants ? In the Affirmative.
2. Does the plaintiff prove that he is
entitled to recover interest on principal
amount of Rs.5,10,000/ from the date
of suit till realization ? If yes, at what
rate of interest ? In the Affirmative.
@ 12% p.a.
3. What order as to costs ? As per final order.
4. What order and decree ? Suit is partly
decreed.
REASONS
AS TO POINTS NO.1 TO 3 :
6. PW 1 Sanjay has specifically stated that the plaintiff
company had sold and delivered pharmaceutical raw material by name
CEFIXIME IP to the defendants as per invoice dated 22/02/2017 worth
Rs.5,10,000/ (Exh.7). He also proved email dated 13/10/2017
(Exh..8) received from defendant no.3. This email contains admission
regarding liability to pay the amount and it can be considered while
appreciating evidence on record. Demand notice dated 20/01/2018
(Exh.9) was sent to the defendants as per postal receipts (Exh.10 colly.)
and it was duly served upon the defendants as per track report
(Exh.11). PW 1 Sanjay has also proved Board Resolution (Exh.6).
Evidence of the plaintiff is unchallenged and it is well supported with
documents maintained in due course of business. The plaintiff has well
established outstanding amount to be recovered from the defendant as
per his claim. In short, claim of the plaintiff is proved from oral as well
as documentary evidence on record.
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Comm.Suit No. 80/21. 5 Ex-parte Judgment (Exh.13).
7. So far as interest rate is concerned, the plaintiff has claimed
interest at the rate of 24% p.a. on the basis of condition printed at the
bottom of the invoice (Exh.7), but it appears to be exorbitant. The
court may exercise discretion while granting further interest in view of
Section 34 of the CPC. Interest at the rate of 12% p.a. is average
interest granted in commercial transaction and it appears to be just and
reasonable. Costs of the suit is liable to be imposed on defendant no.1.
In the light of above discussion, I record my finding as to points no.1
and 2 in the affirmative with modification in rate of interest as
discussed above. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 80/2021 is partly decreed.
2. Defendant no.1 is directed to pay amount of
Rs.8,63,760/ (Rupees Eight Lakhs Sixtythree Thousand
Seven Hundred Sixty Only) to the plaintiff with further
interest @ 12% p.a. on principal amount of Rs.5,10,000/
from the date of the suit till the date of realization within
three months from the date of decree.
3. Defendant no.1 shall bear the costs of the suit.
4. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.31)
Date : 22/03/2022. Mumbai.
1. Dictated online on : 22/03/2022.
2. Signed on : 23/03/2022.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 80/21. 6 Ex-parte Judgment (Exh.13).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/03/2022. 4.46 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 22/03/2022.
Judgment/Order signed by P.O. on 23/03/2022.
Judgment/Order uploaded on 23/03/2022.
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