Order 1

Order Details: Other
Pdf Text: :1: S.J. No.92/2018 in Summary Suit No.1215/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMONS FOR JUDGMENT NO. 92 OF 2018
CNR NO.: MHCC010035332018
IN
SUMMARY SUIT NO. 1215 OF 2017
SANJAY RAMESHCHANDRA JAIN
age 49 yrs. Of Mumbai
an adult Indian inhabitant
carrying on business at from
1st Floor, 8486, Nagdevi Cross Lane,
Narayan Premises Co.Op. Society,
Nagdevi, Mumbai – 400 003. ...Plaintiff
Versus
1. BHARAT ELECTRIC AND HARDWARE
a Firm having it's Sagardarshan
Building, Adoshi Road, Takai,
At: Sajgaon, Taluka – Khalapur, Dist Raigad410 203.
2. SUKHRAJ CHOUDHARY
An adult Indian Inhabitants carrying on business
As A Sole Proprietor in the name and style of Bharat
Electric and Hardware at and from Sagardarshan
Building, Adoshi Road, Takai,
At : Sajgaon, TalukaKhalapur, DistRaigad410 203. ...Defendants.
Appearances:
Advocate Mr. Ramesh Jain for the plaintiff.
None for the defendants.
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:2: S.J. No.92/2018 in Summary Suit No.1215/2017
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 18th JUNE, 2019.
O R A L O R D E R
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that as per the Orders and instructions of the
defendants, he sold, supplied to the defendants goods i.e. Engineering
tools & Hardware items and Invoices/Bills in connection therewith from
time to time. The particulars of the said Invoices/Bills are as follows:
Date Amount
04.05.2015 Rs.21,188.00
09.05.2015 Rs.14,906.00
09.05.2015 Rs.12,996.00
Total Rs.49,090.00
2. Plaintiff has further stated that he from time and again,
demanded from the defendants the amounts due under the invoice and
also the accrued interest. The defendants pleaded financial difficulties
and requested him to wait for some time and assured that the
defendants will pay the amount together with interest within some
time. Plaintiff has further stated that he left with no other alternative
accepted the defendant's suggestion.
3. Plaintiff has further stated that he by his Advocates' letter dated
24th February 2017 recorded, inter alia, the above facts and called upon
the defendants to pay the said sum of Rs.49,090.00 and accrued
interest. The defendants have duly received the said letter. The
defendants have failed and avoided to comply with the requisitions
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:3: S.J. No.92/2018 in Summary Suit No.1215/2017
thereof and have also not controverted the contents of the said letter.
4. Plaintiff has further stated that the defendants vide their
Advocate's letter dated 16th March, 2017 forwarded a false reply to the
said letter dated 24th February, 2017. The defendants have by the said
letter only wants to fishing enquiry and gain time. Plaintiff has further
stated that he denied the rest of alleged reply dated 16th March 2017 in
toto an once again repeat, reiterate and confirmed whatever is stated in
their Advocates' letter dated 24th February, 2017. Plaintiff has further
stated that in the premises aforesaid, there is now due and payable to
the him by the defendants a sum of Rs.74,503.27ps. In accordance with
the particulars of claim. Therefore, plaintiff filed this suit.
5. Defendant Nos. 1 and 2 appeared in the suit. Thereafter, plaintiff
has taken out this Summons for Judgment against defendants. It
appears defendants failed to file reply or file application for leave to
defend to Summons for Judgment. Therefore, plaintiff is entitled to get
judgment and decree as per Order XXXVII Rule (3) subrule 6, sub rule
(a) of the Code of Civil Procedure, 1908. Plaintiff has further filed
affidavit supporting his allegations in the plaint. Plaintiff has also
adduced all the corroborating documents which are Invoices/Bills
alongwith the record therewith, Plaintiff's Advocates' letter alongwith
the postal records and defendant's Advocates' letter. It appears
allegations in the plaint are corroborated by documentary evidence. As
stated above, defendants failed to file reply or file application for leave
to defend to Summons for Judgment. Therefore, plaintiff has
satisfactorily shown that he is entitled to get sum of Rs.74,503.27 from
both defendants jointly.
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6. It appears that as per Section 34 of the Code of Civil Procedure, it
will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.49,090/ from the date of filing of the suit till its
realisation. Hence, following Order:
ORDER
1. Summons for Judgment No.92/2018 is made absolute.
2. It is hereby ordered and decreed that :
(i) Defendant Nos. 1 and 2 are jointly directed to pay sum of
Rs.74,503.27ps. to plaintiff alongwith interest @ 9% p.a. on the
sum of Rs.49,090/ from the date filing of the suit till its
realisation.
(ii) Defendants shall bear the cost of plaintiff at their own.
(iii) Plaintiff is entitled for refund of Court fee as per rules.
(iv) Decree be drawn accordingly.
(v) Summary Suit No.1215/2017 is disposed of.
(S.P. AGARWAL)
Judge,
Date: 18.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 18.06.2019
Transcribed on : 18.06.2019
Signed on : 18.06.2019
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:5: S.J. No.92/2018 in Summary Suit No.1215/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.06.2019 At 04:42 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.28)
Date of pronouncement of
Judgment/Order
18.06.2019
Judgment/Order signed by P.O. on 18.06.2019
Judgment/Order uploaded on 29.06.2019
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