Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 753 of 2019
Filed on : 25.07.2016
Registered on : 25.07.2016
Decided on : 21.01.2020
Duration : Year 03 Month05 Days27
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.753 OF 2019
(CNR NO. MH CC010036572019)
Exhibit10
M/s. Chetana Book Depot,
A partnership firm (Now known
as Chetana Publication India, (LLP)
having its registered office at 4th Floor,
'B' Wing, Building 'E' Trade Link,
Kamla City, Above Bombay Canteen,
Lower Parel, Mumbai – 400 013. ….Plaintiff
V/s.
1. G.K.Public School.
Address : Melaveedhi, West Street,
Kattumanner, Koli Town,
Cuddalore 608301. Tamilnadu.
2. G.Kumar Raja,
Age.: Not known,
Address : C/o. G.K. Public School,
Melaveedhi, West Street,
Kattumanner, Koli Town,
Cuddalore – 608301. Tamilnadu. ... Defendants.
SUIT FOR RECOVERY OF RS.97,843/
Appearance:
Mr.Sudhakar G.Lakhani, Advocate for the Plaintiff.
Exparte against Defendant.
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2 Sum. Suit No. 753 of 2019
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 21 th January, 2020
JUDGMENT
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff ''M/s. Chetana Book Depot'', is a registered
Partnership firm under the Indian Partnership Act, 1932 having their
place of business at the Mumbai. The defendant no. 1 is a school and
defendant no.2 is the trustee of the defendant no.1 having their address
at Cuddalore. Pursuant to the purchase Order received from the
Defendant's at Plaintiff's aforesaid place of business situated at Mumbai,
plaintiff sold, dispatched and delivered educational school books as per
their requirement and raised invoice as provided on defendant's
purchase orders which were duly accepted and acknowledged by the
defendants. It is case of the plaintiff that defendants have also made
payment of a sum of Rs.78,641/ on 17.02.2017 in respect of goods sold
upto the month of September, 2016. It is further contended that
defendants are failed to make payment of Rs.97,843/ in respect of two
invoices. It is further contended that defendants have failed and
neglected to make payment of the balance amount to the plaintiff in
spite of demands, reminders and receipt of the legal notice dated 29th
December, 2018. The total suit claim of the plaintiff for Rs.97, 843/
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3 Sum. Suit No. 753 of 2019
3. The suit summons were duly served on the defendant but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
Sr.
No.
POINTS FINDINGS.
1. What is due and payable
from defendants to the
plaintiff ?
A] If yes, what would be the
rate of interest?
Amount of
Rs.97,843/ with
interest
@ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit7 This document is invoice
no.16/24042.01
dated 24/02/2017
Exhibit8 This document is invoice
no.17/19602.01
dated 05/10/2017
Exhibit 9 This document is demand notice
issued by plaintiff's advocate
alongwith postal acknowledgment.
dated 29/12/2018
AS TO POINT NO.1
6. All the documents produced by the plaintiff at list Exhibit 7 to 9
goes to establish that plaintiff has given total goods of Rs.97,843/ to
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4 Sum. Suit No. 753 of 2019
defendants. The documents further prove that the amount of
Rs.97,843/ is due and payable to the plaintiff company from
defendants towards the education books supplied to the defendant.
But, defendants have failed to pay amount of Rs.97,843/ towards
purchase of books. The documents at list Exhibit 7 to 9 goes to
establish that defendants are liable to pay Rs.97,843/ to the plaintiff on
the date of filing of the suit towards the goods and therefore he has
giving false excuse for not repaying the amount of purchase of goods,
he failed and neglected to reply the outstanding amount which was
taken as goods from the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.97,843/ from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 18% per annum, if the transaction is commercial
and there is no contract pertaining to the same between the parties. In
the present case the transaction is a commercial one and there is no
express contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.97,843/. Hence, point no.1 is answered in the
affirmative.
As to point no.2:
8. In view of discussion and finding on point no.1 it is held that the
plaintiff is entitled to recover Rs.97,843/ from the defendant with
interest at the rate of Rs.10% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2 I proceed to pass
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the following order :
: ORDER:
1. Defendant No.1 and 2 jointly and severally shall pay
Rs.97,843/ (Rupees Ninety Seven Thousand and
Eight Thousand Forty Three only) to the plaintiff
with interest at the rate of 10% per annum from the
date of filing of the suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 21/01/2020
Typed on : 21.01.2020
Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
21.01.2020 at 4.00p.m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.G.Shaikh
(Court Room No.59)
Date of pronouncement of Judgment 21.01.2020
Judgment signed by P.O. on 21.01.2020
Judgment uploaded on 23.01.2020
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