Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum.Suit No.494/18
MHCC010036232018
Presented on : 15-03-2018
Registered on : 17-04-2018
Decided on : 11.02.2021
Duration : 02 yrs. 10 mts. 27 ds.
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 494 OF 2018
Ashok Chandrahas Vissanji
Partner: Panel Source LLP
Age: about 59 year Occupation :
Business, Having its sales office at
15, Unique Premises, Bombay
Dying Compound, V. S. Marg,
Prabhadevi, Mumbai – 400 025. ...Plaintiff
VERSUS
Manoj Jain (full name not known)
Proprietor: Assam Timber Traders,
Age: unknown, Occupation : Business,
D-8, Kabir Marg, Bani Park, Jaipur,
Rajasthan 302 008. ...Defendant.
Appearances:-
Ld. Advocates Seema K. Pagey and Rajendra Yadav for the plaintiff.
None for the Defendant
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 11th FEBRUARY, 2021
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J U D G M E N T
1. This is summary suit under Order 37 of the Code of
Civil Procedure, for recovery of amount of Rs 5,23,328/- with
pendente lite and future interest @ 18% per annum.
2. According to the Plaintiff, he is doing business in the
name and style of Panel Source LLP. He is wholesaler and importer
of and sales wooden ply and veneers. The defendant has a retail
shop and purchases wholesale stock of wooden ply and related
items from the plaintiff. In the normal course of business, the
defendant used to inquire about the rates on the telephone and
there-upon place his orders. The plaintiff used to send the goods to
the defendant through transporter and when the transport reached
the destination, the defendant used to take the invoice and unload
the goods. Thereafter, the defendant used to pay to the plaintiff.
The defendant had placed order dated 13.07.2017 for the plywood
for amount of Rs.1,38,984/-. Another order dated 24.07.2017, was
placed by the defendant for the plywood pieces of amount of
Rs.3,41,134/-. Accordingly, the plaintiff dispatched the same
goods to the defendant through Nutan Rajumani Transport with
document No. D017/17-18 and document No. D031/17-18. The
gross amount of both the bills is Rs.4,80,118/-. The defendant did
not pay the amount immediately. After lot of follow up by the
plaintiff, the defendant issued three cheques of Rs. 2,00,000/-,
Rs.1,50,000/- and Rs. 1,30,118/-, of Bank of Baroda, Jaipur
Branch, in favour of the plaintiff. However, when presented, all the
cheques were dishonoured. Therefore, the plaintiff issued legal
notice to the defendant on 29.01.2018, demanding the amount of
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3 Sum.Suit No.494/18
Rs.5,23,328/- towards principal amount and also interest @ 18%
p.a. Despite service of notice defendant failed to make the
payment. Therefore, the plaintiff prayed for recovery of the said
amount with pendente lite and future interest @ 18% p.a. Hence,
this suit.
3. Despite service of summons, the defendant failed to
appear. Therefore, the suit proceeded exparte against the
defendant.
4. Considering the material on record and submissions
made on behalf of the plaintiff, points arise for determination along
with my findings thereon for the reasons recorded are as under:-
Sr.No. POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount as prayed ?
Yes.
2. At what pendente lite and future rate of
interest ?
12% p.a.
3. What order & decree? As per final order
R E A S O N S
AS TO POINTS NOs.1 to 3 :-
5. The plaintiff filed his evidence affidavit at Exh.6. It
specifically speaks that, in pursuant to the order placed by the
defendant, the plaintiff sold plywood of Rs.1,38,984/- to the
defendant as per order dated 13.07.2017 and of Rs.3,41,134/- as
per order dated 24.07.2017, thus in total Rs.4,80,118/-. The
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defendant failed to make the payment immediately. After follow
up, the defendant issued cheques of Rs.2,00,000/-, Rs. 1,50,000/-
and Rs.1,30,118/-. However, all the cheques were dishonoured
when presented. Despite demand notice dated 29.01.2018, the
defendant failed to make payment of Rs.5,23,328/-, which included
principal amount as well as interest @ 18% p.a. Same version of
the plaintiff is unchallenged as there is no cross-examination to it.
Resultantly, the plaintiff’s version has to be relied on.
6. The original cheques are produced on record with list
Exh.7, which show that the defendant issued the same cheques for
Rs.2,00,000/-, Rs. 1,50,000/- and Rs.1,30,118/-, for total amount
of Rs.4,80,118/-. Issuance of cheques by the defendant in favour of
the plaintiff raises a presumption that the defendant was liable to
pay the said amount of Rs. 4,80,118/- to the plaintiff. The copy of
bank memo regarding dishonour of cheque is produced on record.
Thus, testimony of the plaintiff supported by the said documents
proved the case of the plaintiff. Resultantly, the plaintiff is entitled
to recovery of the amount of Rs. 5,23,328/-. As far as pendente lite
and future interest is concerned, considering the over-all
circumstances, it is just and proper to grant pendente lite and
future interest at the rate of 12% p.a. Hence, points No.1 and 2
are answered as that the plaintiff is entitled to recovery of amount
of Rs. 5,23,328/- with pendente lite and future interest at the rate
of 12% p.a. In answer to point No.3, order as follows is passed:-
ORDER
1. The Summary Suit is exparte decreed with costs as under.
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2. The defendant shall pay to the plaintiff the amount of
Rs.5,23,328/- (Rupees Five Lakhs Twenty Three Thousand Three
Hundred Twenty Eight Only) with simple interest at the rate of 12%
p.a. from the date of the suit till realization of the amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 11.02.2021 City Civil Court, Mumbai
Dictated on : 11.02.2021
Transcribed on : 12.02.2021
Signed on : 15.02.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 15.02.2021 4.00 p.m.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri.D.L.Bhagwat
(C.R.NO.28)
Date of Pronouncement of
JUDGMENT /ORDER
11.02.2021
JUDGMENT /ORDER signed by P.O. on 15.02.2021
JUDGMENT /ORDER uploaded on 15.02.2021
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