Final Order 1

Order Details: Ex-parte Judgement
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MHCC010034982020
Presented on : 07072020
Registered on : 07112020
Decided on : 15032021
Duration : Y0 M08 D8
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO.464 OF 2020
M/s. Aradhya Fashion ]
Through its proprietor ]
Vishal Gupta, Age31, Adulthaving office ]
at Shop No.13, 1st floor,64/E, Dhabliwala ]
Building, Old Hanuman Lane, Kalbadevi, ]
Mumbai400 002 ]....Plaintiff
V/s
M/s. Saree Ghar ]
Through its proprietor ]
Arun Mehra, 9/C, Katra Rathi ]
13th floor, Chandni Chowk, Delhi110006 ]...Defendant
APPEARANCE:
Ld. Adv.S.K. Mishra for plaintiff.
None for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 15th March, 2021.
Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks recovery of amount of
Rs.16,54,181/(Rupees Sixteen Lakhs Fifty Four Thousand One
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Hundred Eighty One Only) from the defendant including interest till
date of filing of suit with further interest at the rate of 18% per annum
on Rs.16,54,181/ from the date of filing of suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff is in business, wholesaler and retails of fancy
designer sarees in the name and style of M/s. Ardhya Fashion. The
defendant is doing business in the name and style of M/s. Saree Ghar.
It is alleged that the defendant had approached on 11.03.2016 to
purchase sarees on 90 days credit basis. The plaintiff had supplied
goods to the defendant from 11.03.2016 till 2020. It is alleged that the
defendant had purchased sarees in the year 20162017 and some goods
were returned and part payments were made about it. The particulars
are as follows:
Sr.
No.
Particulars Amount Rs.
1 Purchased the total Sarees during the year
20162017
Less: Goods return
19,64,570.00
4,45,185.00
2 Payment received during 201617 1,00,000.00
3 Payment received during 201718 3,50,000.00
4 Payment received during 201819 1,25,000.00
5 Payment received during 201920
Less : Aforesaid total amount
Balance: Amount due
40,000.00
10,60,185.00
8,86,385.00
Add: Interest @ 18% p.a. from FY 201617 2,52,249.00
Interest @ 18% p.a. from FY 201718 1,89,249.00
Interest @ 18% p.a. from FY 201819 1,66,749.00
Interest @ 18% p.a. from FY 201920 1,59,549.00
Total interest 7,67,796.00
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Total balance due amount (Interest &
Principal)
16,54,181/
3. It is alleged by the plaintiff that necessary entry are taken
in the ledger account. The goods were checked and verified about
quality and quantity by the defendant. On its receipt, the defendant had
made part payment from time to time.
The Cheque bearing No.213966 dated 07.04.2017 and
cheque No.213967 dated 15.04.2017 issued by the defendant were
dishonoured. The plaintiff had issued notice dated 06.03.2020 to the
defendant and called upon the defendant to make payment. Inspite of
notice, the amount is not paid by the defendant.
The plaintiff, therefore, had instituted the present suit for
recovery of amount of Rs.16,54,181/from the defendant including
interest till date of filing of suit with further interest at the rate of 18%
per annum on Rs.16,54,181/ from the date of filing of suit till its
realization.
4. The defendant though served had not appeared in the suit.
The suit therefore proceeded exparte against defendant.
5. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery amount of Rs.16,54,181/
(Rupees Sixteen Lakhs Fifty Four
Thousand One Hundred Eighty One
Only) from the defendant including
interest till date of filing of suit with
'In Affirmative'
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further interest at the rate of 18% per
annum on Rs.16,54,181/ from the date
of filing of suit till its realization?
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
6. Heard learned Advocate S.K. Mishra for the plaintiff.
7. The plaintiff in support of its case had examined Vishal
Kanta Prasad Gupta at Exh.03. He has reiterated all the contentions
raised by the plaintiff in the plaint. The plaintiff had relied upon
following documents (Exh.05):
Sr.
No.
Particulars Exh.
1 Original Ledger Account year F.Y.20162017 7 colly
2 Original Two Dishonored Cheques and Bank
return Memo/Bank Statement
8 colly
3 Original Advocate's Demand Notice
dtd.06.03.2020
9 colly
4 Original Invoices/Bills/L.R. Copy of transport 10 colly
8. The ledger accounts Exh.7(colly) shows that amounts were
received by the plaintiff from the defendant. The defendant had made
payments on previous occasions from 2016 to 2019. It is the case of the
plaintiff that the plaintiff had supplied sarees to the defendant in the
year 201617. The invoices filed by the plaintiff relate to year 2016
Exh.10(colly). The plaintiff had instituted the present suit on
07.07.2020. The evidence of the plaintiff shows the transaction with
the defendant in the year 2016. The ledger accounts (Exh.7 colly) show
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that last payment was received by the plaintiff from the defendant in
the year 2019.
9. The evidence of the witness for the plaintiff shows that
since 11.03.2016 to 2017 the defendant had purchased sarees worth
Rs.19,46,570.00. Some goods worth Rs.4,45,185/ were returned back.
The payments were received in the year 20162017 for Rs.1,00,000/.
The payments were received in the year 201718 for Rs.3,50,000/. The
payments were received during in the year 201819 for Rs.1,25,000/
and in the year 201920 payments were received for Rs.40,000/. The
total principal amount is Rs.8,86,385.00. The defendant had not paid
the interest of Rs.7,67,796.00.
It is submitted that goods were supplied by issuance of
original bills, transaction receipt, ledger account about the outstanding
bill amount, the same were also filed alongwith the suit. The two
cheques bearing No.213966 dated 07.04.2017 and cheque No.213967
dated 15.04.2017 issued by the defendant were also dishonoured.
10. The evidence of the plaintiff shows that from the year
2016, the defendant had made part payments to the plaintiff. The
particulars for the same are as follows:
Sr.
No.
Particulars Amount Rs.
1 Purchased the total Sarees during the year
20162017
Less: Goods return
19,64,570.00
4,45,185.00
2 Payment received during 201617 1,00,000.00
3 Payment received during 201718 3,50,000.00
4 Payment received during 201819 1,25,000.00
5 Payment received during 201920 40,000.00
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Less : Aforesaid total amount
Balance: Amount due
10,60,185.00
8,86,385.00
Add: Interest @ 18% p.a. from FY 201617 2,52,249.00
Interest @ 18% p.a. from FY 201718 1,89,249.00
Interest @ 18% p.a. from FY 201819 1,66,749.00
Interest @ 18% p.a. from FY 201920 1,59,549.00
Total interest 7,67,796.00
Total balance due amount (Interest &
Principal)
16,54,181/
11. The goods worth Rs.4,45,185/ were returned back by the
defendant to the plaintiff. The payment of Rs.7,67,796/was made by
the defendant from the year 2016 to 2020. The defendant had
acknowledged the amount due towards the plaintiff. The invoices show
that the interest at the rate of 18% p.a. would be charged on failure to
make payment after 90 days of the transaction from the suit. The
evidence of the plaintiff shows that the contractual rate of interest was
18% per annum after 90 days of the transaction. The plaintiff had
claimed the interest of Rs.7,67,796.00. It is the evidence of the plaintiff
that Rs.16,54,181/ is due to be paid by the defendant.
It is the evidence of the plaintiff that inspite of demands,
the defendant had not repaid the amount to the plaintiff. The
defendant had not appeared in the suit and had not challenged the
contentions of the plaintiff. It has to be inferred that the defendant had
no say to the contention raised by the plaintiff in the plaint. The
contentions raised by the plaintiff in the plaint have gone unchallenged.
The plaintiff is entitled to claim the amount of
Rs.16,54,181/ from the defendant. The plaintiff is further entitled to
claim the interest at the rate of 18% p.a. on the balance amount of
Rs.8,86,385.00 from the date of filing of suit till its realization.
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Hence, I answered point No. 1 “in Affirmative.” In the
result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to the plaintiff a sum of
Rs.16,54,181/(Rupees Sixteen Lakhs Fifty Four Thousand One
Hundred Eighty One Only).
3. The defendant is further directed to pay to the plaintiff the interest
at the rate of 18% per annum on the principal amount of
Rs.8,86,385.00/ (Rupees Eight Lakhs Eighty Six Thousand Three
Hundred Eighty Five Only) from the date of filing of suit till its
realization.
4. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 15.03.2021 Gr.Bombay at Mumbai.
Dictated on : 15.03.2021
Transcribed on : 17.03.2021
Signed by H.H.J.on : 19.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.03.2021 at 5.37 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
15.03.2021
Judgment/order signed by P.O. on 19.03.2021
Judgment/order uploaded on 19.03.2021
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