Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010036232020
Presented on 28-07-2020
Registered on 02-12-2020
Decided on 13-03-2023
Duration Yrs. M. Days
02 07 16
CNR No. MHCC010036232020
EXH.14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.480 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 of plaintiff Ms. Rutuja
Suraj Sarfare, Aged 27 years. ...Plaintiff.
V/s.
ASTON INTERNATIONAL ENGLISH
MEDIUM SCHOOL
At & Post : Varade : 415 109. Taluka Karad,
District Satara, Maharashtra. ....Defendants.
Appearances:
Ld. Adv. Preeti Gada for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 13th MARCH, 2023
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Summ. Suit 480 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.1,74,074/ (Rupees One Lakh Seventy Four Thousand
Seventy Four Only) alongwith interest on the principal sum of
Rs.1,10,094/(Rupees One Lakh Ten Thousand Ninety Four 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 of Publishing and printing
Books. The defendant is the school having name of Aston International
English Medium School. 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. He appeared but, the
defendant failed to file reply to Summon for Judgment No.92 of 2021
and therefore he was proceeded Exparte.
4. The plaintiff in order to prove its claim filed the claim
affidavit vide Exh.06 and list of documents vide Exh.07. The plaintiff
filed the documents which were marked as Exh.08 to Exh.12. The
plaintiff filed Purchase Orders vide Exh.8. 9 invoices alongwith Lorry
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Summ. Suit 480 of 2020 .. J/3 .. Ex-parte Judgment
Receipts vide Exh.09. The plaintiff filed office copy of the Legal Notice
dt.28.01.2020 alongwith postal receipt vide Exh.10. The Plaintiff filed
Original acknowledgment card vide Exh.11. Plaintiff also filed Board
Resolution vide Exh.12. 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.480 of 2020 is decreed with costs.
2. The Defendant shall pay the amount of Rs.1,74,074/(Rupees
One Lakh Seventy Four Thousand Seventy Four Only) to the
plaintiff along with further interest at the rate of 9 percent per
annum on the principal amount of Rs.1,10,094/(Rupees One
Lakh Ten Thousand Ninety Four Only) from the date of filing suit
till its actual realisation.
3. Decree be drawn up accordingly.
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Summ. Suit 480 of 2020 .. J/4 .. Ex-parte Judgment
4. The Summons for Judgment No.92 of 2021 is disposed off
accordingly.
5. Court fee if any be refunded as per rules to the plaintiff.
6. 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.: 13032023 City Civil Court, Gr. MUMBAI
Direct typed on : 13032023
checked on : 13032023
Signed on : 13032023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summ. Suit 480 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.03.2023 at 04.25 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
13.03.2023
Judgment/order signed by P.O. on 13.03.2023
Judgment/order uploaded on 14.03.2023
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