Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010036222020
Presented on 28-07-2020
Registered on 02-12-2020
Decided on 01-10-2022
Duration Yrs. M. Days
02 02 03
CNR No. MHCC010036222020
EXH.12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.481 OF 2020
JEEVANDEEP PRAKASHAN PVT. LTD.
Presently known as Jeevandeep Edumedia
Pvt. Ltd. A Company having registered
office At Sun Paradise Business Plaza, First
Floor, Senapati Bapat Marg, Lower Parel,
Mumbai – 400 013.
Assistant Manager Ms. Rutuja Suraj Sarfare
Aged 27 years. ...Plaintiff.
V/s.
DR. SARVAPALLI RADHAKRISHNAN
VIDHYALAYA
Nanded Hingoli Road, Bhategaon
(Dangarkada Post) 431 701.
Tal : Kalamnuri, dist : Hingoli, Maharashtra. ....Defendant.
Appearances:
Ld. Adv. Preeti Gada for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 01st OCTOBER, 2022
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Summ. Suit 481 of 2020 .. J/2 .. Ex-parte Judgment
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.2,08,117/ (Rupees Two Lacs Eight Thousand One
Hundred and Seventeen Only) alongwith interest on the principal sum
of Rs.1,27,510/(Rupees One Lakh Twenty Seven Thousand Five
Hundred Ten Only) at the rate of 18% p.a. from the date of the suit till
its realization.
2. The facts in brief are as follows:
The plaintiff is a Private Limited Company carrying on
business. The plaintiff is carrying its business as Education Publishers.
The defendant is the school having name of Dr. Sarvapalli
Radhakrishnan Vidhyalaya. Pursuant to the purchase order through
email the plaintiff sold, supplied and delivered the goods to the
defendant through Transport Company. The defendant accepted the
goods. In the due course of business the plaintiff raised invoices but the
defendant failed to make the payment on due date as per terms and
conditions agreed between them. The plaintiff send legal notice but the
defendant failed to pay the amount and therefore, plaintiff filed the
present suit and prayed to decree the outstanding amount.
3. The defendant was duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendant as per
order dated 22.10.2021.
4. The plaintiff in order to prove its claim filed the Claim
Affidavit vide Exh.04. and list of documents vide Exh.03. Plaintiff also
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Summ. Suit 481 of 2020 .. J/3 .. Ex-parte Judgment
filed Certificate u/s.65(b) of Indian Evidence Act vide Exh.05. The
plaintiff filed the documents which were marked as Exh.06 to Exh.10.
The plaintiff filed Purchase Orders bearing no.50912, 50913, 50869,
53072 and 53126 vide Exh.6. 7 invoice alongwith Lorry Receipts vide
Exh.07, Original Demand Notice dt.28.01.2020 alongwith the postal
receipt vide Exh.8. The plaintiff filed the office copy of the Legal Notice
dt.21.02.2020 alongwith postal receipt vide Exh.09. Plaintiff also filed
Board Resolution vide Exh.10. It seems that the defendant placed the
order of supply of the books and the same were delivered to the
defendant. The defendant accepted and acknowledged the same,
however failed to pay the outstanding amount. The plaintiff issued
legal notice but the defendant failed to repay the amount. The
defendant failed to appear and challenge the evidence of plaintiff. The
oral and documentary evidence of plaintiff has therefore, gone
unchallenged. The plaintiff supplied the goods but the defendant failed
to pay the outstanding amount alongwith interest. Hence, plaintiff is
entitled for the decree.
5. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
ORDER
1. The Summary Suit No.481 of 2021 is decreed with costs.
2. The Defendant shall pay the amount of Rs.2,08,117/(Rupees
Two Lacs Eight Thousand One Hundred and Seventeen Only) to
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the plaintiff along with further interest at the rate of 9 percent
per annum on the principal amount of Rs.1,27,510/(Rupees One
Lakh Twenty Seven Thousand Five Hundred Ten Only) from the
date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 01102022 City Civil Court, Gr. MUMBAI
Direct typed on : 01102022
checked on : 01102022
Signed on : 01102022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summ. Suit 481 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.10.2022 at 05.25 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
01.10.2022
Judgment/order signed by P.O. on 01.10.2022
Judgment/order uploaded on 01.10.2022
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