Final Order 1

Order Details: Copy of Judgment
Pdf Text: SS No. 514/ 2020 Jeevandeep Vs. Godawari Judgment (Exh.21) 1 of 6
MHCC010036252020 Suit Lodged on : 28.07.2020
Suit Admitted on : 09.12.2020
Suit Decided on : 25.06.2026
Duration : 05 Y : 10 M : 28 D
Exhibit : 21
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 – Summary Court
Summary Suit No. 514 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. … Plaintiff.
Versus
Godawari Public School (English Medium)
Sambhaji Chowk, CIDCO,
New Nanded- 431 601, Maharashtra.
… Defendant.
Appearances :
Plaintiff : Adv. Vanshika Mahajan i/b Adv. Priti Gada.
Defendant : Ex-parte
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 25.06.2026
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SS No. 514/ 2020 Jeevandeep Vs. Godawari Judgment (Exh.21) 2 of 6
JUDGMENT
(Delivered on this 25th day of June, 2026)
Suit for recovery of amount of Rs. 1,54,747/- with interest.
1. Plaintiff sued defendant to recover Rs.1,54,747/- and also
prayed for interest @ 18% per annum on principal amount Rs.93,493/-
from the date of filing of the suit till realization of entire amount.
Facts giving rise to the dispute are as under :
2. Plaintiff is a private limited company carrying on business of
educational publishers. Pursuant to purchase orders from time to time
they sold, supplied and delivered goods to defendant through delivery
challans and raised following invoices.
Invoice No. Date Amount
T70450 06.04.2017 Rs.1,21,028/-
T73269 01.06.2017 Rs.13,860/-
T74384 17.06.2017 Rs.6,660/-
Total Rs.1,41,458/-
3. After supply of goods defendant returned certain goods to
plaintiff and plaintiff had given credit note No.R75760 dated
27.12.2017 for Rs.33,671/- and credit note No.D72583 dated
30.12.2017 for Rs.14,384/-. Thus, principal outstanding amount
towards defendant is Rs.93,493/-. Defendant failed to pay said amount
inspite of repeated reminders. On 28.01.2020 legal notice was issued.
However, no amount was paid by defendant. As per invoices, if amount
is not paid within time, it will attract interest @ 18% p.a. As per
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SS No. 514/ 2020 Jeevandeep Vs. Godawari Judgment (Exh.21) 3 of 6
plaintiff, due to pandemic of Covid-19, it was not possible for plaintiff
to lodge the plaint till 28.07.2020. Hence, plaintiff sued defendant to
recover said amount.
4. In response to writ of summons, defendant appeared.
Thereafter, plaintiff taken out Summons for Judgment No.74/2022. It
was decided on merit on 10.03.2023. As per that order, the then
Presiding Officer directed defendant to deposit Ra.1,50,000/- within
two months and then only defendant was permitted to file written
statement on record. However, said condition is not followed till this
date. Plaintiff tendered evidence affidavit and compilation of document
and Ld. advocate for plaintiff submits that plaintiff is entitled to decree.
5. Considering nature of dispute, following points arise for my
determination and I have recorded my findings for the reasons
discussed as follows:
6.
Sr. Points Findings
1. Whether plaintiff is entitled to
judgment in view of O.XXXVII
R.3(6)(b) of the Code of Civil
Procedure (the Code for short) ?
In the Affirmative.
2. Whether plaintiff is entitled to
recover any amount from
defendant with interest? If yes,
what would be that amount and
rate of interest?
Plaintiff is entitled to
recover Rs. 1,54,747/- and
entitled to 18% interest
p.a. on principal amount
Rs.93,493/- from the date
of filing of suit till
realization of entire
amount.
3. What Order and decree? Suit is decreed with costs.
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SS No. 514/ 2020 Jeevandeep Vs. Godawari Judgment (Exh.21) 4 of 6
R E A S O N S
Reasons as to Point Nos. 1 to 3
As all points are interconnected with each other, so they are discussed
together as under :-
7. I have gone through oral and documentary evidence of
plaintiff. Plaintiff filed affidavit of Ms. Swati Kalatme at Exh.10 and
relied on original resolution Exh.13 dated 05.08.2023 which establish
authority of the witness to offer evidence in this case. Plaintiff filed
original purchase orders vide Exh.14 Colly. I have gone through it
which clarify nature and quantity of books to be supplied to defendant.
Exh.15 Colly are the three invoices which are mentioned in para No.2 of
this judgment. These invoices again clarify the rate of workbooks
supplied to defendant.
8. Sum of these three invoices is Rs.1,41,458/-. However, as per
plaintiff, credit notes Exh.17 Colly. were issued to defendant as some of
the goods was returned by defendant. As per oral evidence of plaintiff
and ledger account Exh.16, principal amount due is Rs.93,493/-.
Plaintiff placed on record demand notice dated 28.01.2020 with
acknowledgment card Exh.18 and Exh.19.
9. As per order on Summons for Judgment, defendant failed to
deposit amount within time. Roznama reflect that on 12.06.2023, time
was granted to defendant to deposit the amount. However, it was not
deposited. On 15.06.2023, application by defendant for extension of
time to deposit the amount was rejected by the then Presiding Officer.
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SS No. 514/ 2020 Jeevandeep Vs. Godawari Judgment (Exh.21) 5 of 6
In such circumstances, certainly plaintiff is entitled to judgment under
O.XXXVII R.3(6)(b) of the Code. Hence, I answer point No.1 in
affirmative and proceed to record finding of point No.2 as ‘Plaintiff is
entitled to recover Rs. 1,54,747/- and entitled to 18% interest p.a.
on principal amount Rs.93,493/- from the date of filing of suit till
realization of entire amount.’ In answer to point No.3, following order
is passed :
ORDER
1. Summary Suit No. 514/2020 is decreed with costs.
2. Plaintiff is entitled to recover Rs. 1,54,747/- (Rupees One
Lakh Fifty Four Thousand Seven Hundred and Forty Seven
Only) and entitled to 18% interest p.a. on principal amount
Rs.93,493/- (Rupees Ninety Three Thousand Four Hundred
and Ninety Three Only) from the date of filing of suit till
realization of entire amount.
3. Defendant shall pay above referred amount with interest to
plaintiff within three months from date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Mumbai
Dated : 25.06.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
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SS No. 514/ 2020 Jeevandeep Vs. Godawari Judgment (Exh.21) 6 of 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
25.06.2026 4.00 p.m. Manisha Srinath
Stenographer - Grade I
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
25.06.2026
Judgment/order signed by P.O on 25.06.2026
Judgment/order uploaded on 25.06.2026
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