Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.599/18 1
Received on : 17-03-2018
Registered on : 14-06-2018
Decided on : 25-02-2020
Duration : 01Y 11M 10D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.599 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-003716-2018)
M/s. Chetana Book Depot
a partnership firm registered under the
Indian Partnership Act, having their
principal place of business at 263-C,
Khatau Wadi, Behind Central Cinema,
Goregaonkar Lane, Girgaon,
Mumbai-400 004. ...Plaintiff
Versus
1. Channawar’s Vidyamandir
Near Vyanktesh Ploytechnique College,
Arvi Road, Yelakel, Wardha 442001
2. Mr. Dinesh Channawar,
Age: Adult,
C/o. Channawar’s E Vidyamandir,
Near Vyanktesh Ploytechnique College,
Arvi Road, Yelakel, Wardha 442001. ….Defendants
Appearances:-
Advocate Mr. Lakhani for the Plaintiff.
Defendants Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE: 25th FEBRUARY 2020
J U D G M E N T
1. This is summary suit for recovery of Rs.68,564/- (Rupees Sixty
Eight Thousand Five Hundred and Sixty Four only) with interest @ 18%
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SUMMARY SUIT NO.599/18 2
p.a.
2. According to the plaintiff, it is a partnership firm. Defendant No.1
is a school and Defendant No.2 is Trustee of Defendant No.1. Pursuant
to the orders placed by the defendants for supply of books, in April
2016 and May 2016, the plaintiff sold, supplied and delivered to the
defendant certain books for aggregate amount of Rs.81,978/-. The
plaintiff also submitted invoices dtd.09.04.2016 for Rs.80,730/- and
dtd.17.05.2016 for Rs.1248/-. The invoices also mention that interest at
the rate of 18% p.a. would be charged if payment is not made within 30
days from the date of invoice. The defendants made part payment of
Rs.30,000/- on 02.09.2017. However, the defendants failed to make
payment of remaining amount of Rs.51,978/-. Demand notice
dtd.13.09.2017 was also issued to the defendants. However, the
defendants failed to comply the same. At the institution of the suit,
including the amount calculated towards interest, the total amount due
and payable by the defendant was Rs.68,564 /-. Therefore, the plaintiff
requested to grant decree for said amount with interest.
3. Despite service of summons the defendants failed to appear.
Therefore, suit proceeded ex-parte against the defendants.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings for the reasons recorded are as under:-
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed?
Yes
2. What order & decree? As per final order
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SUMMARY SUIT NO.599/18 3
REASONS
AS TO POINTS NO.1 &2
5. The plaintiff filed Claim affidavit of its constituted attorney Shaji
John at Exh-6 and also produced documents below list Exh.7. The
Claim affidavit of Shaji @ the documents as invoices dtd.09.04.2016 for
Rs.80,730/- and dtd.17.05.2016 for Rs.1248/-, show that the plaintiff
sold supplied and delivered to the defendants the books as per the said
invoices. However, despite demand notice dated 13.09.2017 the
defendant failed to pay the due amount. At the institution of the suit the
outstanding amount due and payable by the defendant was
Rs.68,564/-. Thus, the material on record and the circumstance that the
defendants did not challenge case of the plaintiff, prove that the
plaintiff is entitled to recovery of the amount with interest as prayed. In
view of Para-499 of Civil Manual court fees has to be refunded to the
plaintiff, this being summary suit where the defendants did not appear.
Hence, point No.1 is answered in the affirmative and in answer to point
No.2 order as follows is passed.
ORDER
1. The suit is ex-parte decreed with costs as under:-
2. The defendants No.1 and 2 jointly and severally shall pay to the
plaintiff amount of Rs.68,564/- (Rupees Sixty Eight Thousand
Five Hundred and Sixty Four only) with simple interest @ 18%
p.a. on the principal amount of Rs.51,978/- from the date of suit
till realization of amount.
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SUMMARY SUIT NO.599/18 4
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 25/02/2020 City Civil Court, Gr. Mumbai
Dictated on : 25/02/2020
Signed on : 28/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07/03/2020 AT 12.00p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 25/02/2020
Judgment/Order signed by P.O. on 28/02/2020
Judgment/Order uploaded on 07/03/2020
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