Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: Suit No.1016/2019 1 Judgment (Exh.19)
MHCC010037492019
Presented on : 02.04.2019
Registered on : 02.04.2019
Decided on : 21.06.2025
Duration : 6 Y, 2 M, 20 D
IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY
S. C. SUIT No.1016 OF 2019
Exh. 19
M/S. KRISHNA ENTERPRISE )
A Proprietorship Firm having their )
registered office at- 27, Latif House, )
250, Sant Tukaram Road, )
Masjid Bunder (East), Mumbai – 400 009. )
Through its Proprietor )
MUKESH HARILAL GORADIA )
Age – 63 years, Occu. Business )
Residing at – Borivali (West) )
Mumbai. )…. Plaintiff.
Versus
M/S. VIVACIOUS PHARMATEX PVT. LTD. )
A company incorporated under companies )
Act 1956, having their registered office at - )
K-36, Additional Ambernath, MIDC, )
Annand Nagar, Ambernath (East), )
Dist. Thane – 421 501. ) ...Defendant
CORAM : HIS HONOUR JUDGE SHRI P. G. BHOSALE
(COURT ROOM No.62).
DATE : 21ST JUNE, 2025.
JUDGMENT
(Delivered on 21.06.2025 )
Appearances :
Learned Advocate Mr. V. Padmakaran for the plaintiff.
Ex-parte against defendant.
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Suit No.1016/2019 2 Judgment (Exh.19)
JUDGMENT
This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a proprietor firm carrying the business in
the name and style of M/s. Krishna Enterprise having its registered
office at 27, Latif House, 250, Sant Tukaram Road, Masjid Bundar
(East), Mumbai- 400 009. The defendant is a company, running its
business in the name and style as M/s. Vivacious Pharmatex Pvt. Ltd.
having its office at MIDC, Ambernath East, Dist. Thane.
3. The defendant company approached the plaintiff firm and
requested to supply "Titanium Dioxide". The plaintiff firm supplied
"Titanium Dioxide" of 500 kg as per the order of the defendant company
dated 14.12.2017. The defendant company received and accepted the
goods without any complaint regarding the quality or quantity of the
goods. The plaintiff firm supplied the goods through Pawankumar
Transport on 15.12.2017 as per the purchase order of the defendant
company. The plaintiff firm has annexed the copies of purchase order,
delivery challan and tax invoice alongwith its suit.
4. The plaintiff firm states that the defendant company had to
make the payment of goods within 16 days from the date of invoice and
in default the defendant company was liable to pay interest @ 21% per
annum on the outstanding dues. The plaintiff firm reminded the
defendant company several times about the outstanding dues on
telephone and by visiting their office. The defendant company assured
to pay the amount but failed to make the payment of the goods, despite
several reminders. The plaintiff firm sent a legal notice on 26.07.2018
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through its advocate and called the defendant to pay the outstanding
dues of Rs.1,22,720/-. The notice was duly served upon the defendant
company. Inspite of receiving the legal notice, the defendant company
failed and neglected to pay the outstanding amount to the plaintiff firm.
The plaintiff firm issued second legal notice on 21.12.2018 and again
called upon the defendant company to pay its dues. The defendant
company again failed to pay the due amount, even after the receipt of
the notice. The plaintiff firm states that, the defendant company is
indebted towards it for an amount of Rs.1,22,720/- along-with interest
on it. The plaintiff firm states that, it is entitled to recover the total
amount of Rs.1,22,720/- alongwith interest @21% per annum from
28.02.2019. The plaintiff firm has prayed to decree it suit.
5. The summons of the suit were issued to the defendant
company. The summons of the suit were duly served upon the
defendant company. The defendant company failed to appear and filed
its say and written statement despite service of summons. So the suit
proceeded Ex-parte against the defendant company by an order passed
on 06.12.2024.
6. After hearing the advocate for the plaintiff firm, after going
through the plaint and the documents annexed with the plaint the
following points arise for my consideration. I have framed the points
and answer them alongwith reasons.
Sr.No. Issues Findings
1. Whether the plaintiff proprietorship firm
proves that it has sold Chemicals / goods
worth Rs. 1,22,720/- to the defendant
company on 15-12-2017 ?
Yes, in the
affirmative.
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2. Whether the plaintiff proprietorship firm
proves that the defendant company received
the Chemicals / goods from the plaintiff
firm ?
Yes, in the
affirmative.
3. Whether the plaintiff proprietorship firm
proves that the defendant company failed to
pay the money of the goods / chemicals
supplied to it ?
Yes, in the
affirmative.
4. Whether the plaintiff proprietorship firm is
entitled to recover an amount of Rs.
1,22,720/- along-with interst from the
defendant company?
Yes, in the
affirmative.
5. What order and decree ? The suit is
partly decreed
as per final
order.
REASONS
7. The owner of the plaintiff firm Mr. Mukesh Harilal Goradia
has filed his affidavit in lieu of examination-in-chief below Exhibit-8. He
has reiterated the contents of the plaint in his affidavit of examination-
in-chief. He has relied upon the following documents in support of his
claim.
1. Purchase order dtd. 14-12-2017.
2. Devliery Challan dtd. 15-12-2017.
3. Receipt of the trasport company in the name of defendant
company dtd. 15-12-2017.
4. Tax- Invoice of the plaintiff firm dtd. 15-12-2017.
5. Legal notice issued by the advocte of the plaintiff
firm to the defendant company dtd. 26-07-2018.
6. The Acknowledgement receipt of the notice
dtd. 30-07-2011.
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7. Final legal notice issued by the advocate of the
plaintiff firm to the defendant company dtd. 21-12-2018.
8. The Acknowledgement receipts notice dtd. 24-12-2018.
9. The registration certificate of the plaintiff firm.
As to point Nos. 1 and 2 :
8. The plaintiff firm has produced the purchase order given by
the defendant company dated 14.12.2017 below Exhibit-10. It is clear
that the defendant company had ordered "Titanium Dioxide 2195" of
500 kg worth Rs.1,22,720/- on 14.12.2017. The defendant company
has neither appeared nor contested the claim of the plaintiff firm. In
other words, the documents filed by the plaintiff firm are to be accepted
as genuine documents. Upon this purchase order the plaintiff firm had
supplied and delivered the "Titanium Dioxide 2195" chemicals / goods
of 500 kg to the defendant company on 15.12.2017. The delivery
challan of the goods is filed on record below Exibit-11. The plaintiff firm
has also filed the receipt of the transport company below Exhibit-12 by
which the chemicals / goods were delivered to the defendant company
on 15.12.2017. The plaintiff firm has also filed the tax invoice below
Exhibit-13 about the price of the goods supplied to the defendant
company worth Rs.1,22,720/- dated 15.12.2017. The defendant
company has not challenged the above documents. In other words, the
defendant company has accepted and admitted that it had placed the
purchase order of the goods, it had received the goods as per its order.
The delivery challan and the receipt of the transport company shows
that the goods were delivered to the defendant company. So, I hold that
the plaintiff firm has sold "Titanium Dioxide 2195" weighing 500 kg to
the defendant company on 15.12.2017 and the defendant company has
received the goods. So,
I answer point Nos.1 and 2 in the affirmative.
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As to point Nos. 3 and 4 :
9. The proprietor of the plaintiff firm deposed that the
defendant company avoided / neglected to pay the amount of the goods
supplied to it. The proprietor of the firm requested the defendant
company to pay the amounts / goods by visiting its office and on
telephone. But even though the defendant company avoided and
neglected to pay the amount to it. The plaintiff firm sent a legal demand
notice through its advocate on 26.07.2018 below Exhibit-14 and
demanded the amount due to the defendant company. The notice was
received by the defendant company on 30.07.2018. The receipt of the
postal acknowledgment of the legal notice is filed on record below
Exhibit-15. Inspite of the receipt of notice the defendant company failed
to pay the amount of the goods to the plaintiff firm. The plaintiff firm
issued a second demand notice on 21.12.2018 below Exhibit-16 and
demanded the amount of the goods supplied within 60 days of the
receipt of the notice. The copy of the notice dated 21.12.2018 is filed on
record. The acknowledgment of the notice and its receipt is filed on
record below Exhibit-17. The defendant company again avoided and
neglected to pay the amount of the goods to the plaintiff firm. Thus, the
plaintiff firm has proved that the defendant company received the
goods / chemicals, but failed to pay the amount of goods / chemicals
despite repeated demands. The plaintiff firm has proved that it is
entitled to recover an amount of Rs.1,22,720/- as per the purchase
order, delivery chalan and tax invoice dated 15.12.2017 from the
defendant company. The GST Registration-06 of the plaintiff firm is filed
below Exhibit-18. Accordingly, I
answer point Nos.3 and 4 in the
affirmative.
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10. The plaintiff firm has claimed interest @ 21% on the
principal amount from 28.02.2019. There was no agreement between
the plaintiff firm and defendant company about the rate of interest on
the principal amount. The interest @ 21% per annum is on the higher
side. The interest has to be levied as per the prevailing market interest
rates. The rate of interest of State Bank of India for business and
commercial loans is between 9 to 13%. It would be in the interest of
justice if the interest is levied @ 10% per annum from 15.12.2017 till
the recovery of amount. The evidence of the plaintiff firm is
unchallenged. It is to be accepted as it is. The plaintiff firm has proved
its case that it had supplied the goods/ chemicals worth Rs.1,22,720/-
to the defendant company. It also proved that the defendant company
failed to pay the amount of the goods despite several reminders. The
plaintiff firm is entitled to recover the amount of Rs.1,22,720/- from the
defendant company with interest @ 10% per annum. I answer all the
points accordingly and partly decreed the suit and pass the following
order.
- ORDER -
1. The suit is partly decreed with costs.
2. The defendant company is hereby directed to pay an
amount of Rs.1,22,720/- alongwith interest @10% to the
plaintiff proprietorship firm within 30 days from the date of
decree.
3. No order as to costs.
4. The Decree be drawn up accordingly.
Date: 21.06.2025
(P. G. Bhosale)
Judge
City Civil Court
Mumbai
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Direct dictated on computer : 21.06.2025.
Checked on : 24.06.2025.
Signed on : 24.06.2025.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.06.2025 5.55 p.m. Samruddhi Jadhav
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(
Name of the Judge(with CR No.) HHJ SHRI. P. G. Bhosale
(C.R.No.62)
Date of pronouncement of
Judgment
21.06.2025
Order signed by P.O. on 24.06.2025
Order uploaded on 24.06.2025
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