Final Order 1

Order Details: Other
Pdf Text: ..1.. Summons for Judgment No.126/2019
MHCC010039642019 Presented on : 09/04/2019
Registered on : 09/04/2019
Decided on : 04/09/2024
Duration : 05Y 04M 26D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.126 OF 2019
(CNR NO.MHCC01-003964-2019)
IN
SUMMARY SUIT NO.1440 OF 2018
In the matter of M/s. CRYSTAL LOGISTIC COOL
CHAIN LTD, having its registered office at B/309,
Virvani Industrial Estate, 3rd floor, B-wing, Off.
Aarey Road, Goregaon (E), Mumbai – 400 063.
Through Shri Manish Agarwal (Constituted
Attorney)
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] ...Plaintiff
Versus
1. Kirit Vora,
218, Anant Deep Chambers, 273/277,
Narshi Natha Street, Masjid (W),
Mumbai – 400 009.
2. J. K. Logistic,
218, Anant Deep Chambers, 273/277,
Narshi Natha Street, Masjid (W),
Mumbai – 400 009.
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] ...Defendants
Appearance :-
Learned Advocate Satej More for plaintiff.
Learned Advocate M.P. Rajwani for defendants.
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..2.. Summons for Judgment No.126/2019
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84
DATE : 04/09/2024.
O R D E R
1 This summons for judgment is taken out by plaintiff for
recovery of amount. Plaintiff is a company and defendant No.1 is the
proprietor of defendant No.2 proprietary firm. Defendant No.1
approached to the plaintiff for transporting its consignment on regular
basis every month and requested plaintiff for providing quotations, after
finalizing vehicles capacity and the rates. Plaintiff provided services on
27/08/2015. The consignment was booked bearing LR No.612332 for
transportation from Turbhe to Baddi with agreed freight of
Rs.1,40,000/-. After providing services plaintiff raised invoice on
31/08/2015 for Rs.1,40,000/- and called upon the defendants to pay
the amount. The defendants issued cheque of Rs.1,40,000/- towards
payment of freight, however, said cheque got dishonoured. Plaintiff has
called upon the defendants to pay the amount, but in vain. Therefore,
plaintiff filed suit for recovery of amount under the invoice with interest
at the rate of 18% per annum and calculated the claim of the suit till its
realization to Rs.1,88,300/- with future interest.
2 In response to the suit summons, defendants appeared
thereafter, plaintiff took out summons for judgment and served the
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..3.. Summons for Judgment No.126/2019
same upon defendants. Defendants resisted the contention by filing
reply. Upon considering the averments of reply, it appears that
defendants are claiming that plaintiff has misused the cheque tendered
to it as security towards running business. They have not specifically
denied the raising of invoice for the service provided by the plaintiff.
The defendants raising technical objection like absence of compliance
under Section 65B of Indian Evidence Act and not filing of lorry receipt
etc. They lastly prayed for dismissal of summons for judgment and
grant of unconditional leave.
3 Heard rival parties at length.
4 It emerges from the rival pleading that the defendants are
not disputing relation with plaintiff and the service provided by
plaintiff, but claiming that the cheque tendered to the plaintiff have
been misused. During the course of argument, the learned advocate for
defendants submitted that they are ready to pay the amount under the
invoice i.e. Rs.1,40,000/- with interest of Rs.40,000/- towards entire
claim. However, the learned advocate for plaintiff has not submitted
that plaintiff is not ready for settlement for the amount of
Rs.1,40,000/-. At this moment, it is not disputed that plaintiff is entitled
to recover an amount of Rs.1,40,000/- i.e. amount under the invoice.
Defendants are disputing the claim of interest of plaintiff and offered
Rs.40,000/- towards entire claim of interest to which plaintiff is not
accepting, therefore, I am of the view that the issue of interest may be
decided later. However, claim of plaintiff deserves to be decreed to the
extent of amount under the invoice.
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..4.. Summons for Judgment No.126/2019
5 The learned advocate for defendants have submitted that
they are ready to pay the amount under the invoice i.e. Rs.1,40,000/-
within two months. Considering the rival submissions, I am of the view
that summons for judgment deserves to be made absolute to the extent
of principal amount and suit is required to be proceeded further for
interest component only. In the result, I proceed to pass following
order :-
ORDER
1. Summons for Judgment No.126 of 2019 in Summary
Suit No.1440 of 2018, is hereby partly made absolute.
2. Summary Suit No.1440 of 2018 stands decreed to the
extent of principal amount of Rs.1,40,000/-.
3. Defendants are directed to pay to the plaintiff an
amount of Rs.1,40,000/- within two months from the
date of this order.
4. Defendants are granted leave to defend in respect of
interest component.
5. In case of failure to pay the principal amount as per
the order within stipulated period, plaintiff shall be
entitled for decree in respect of interest component as
per the provisions of Order XXXVII Rule 3(6)(b) of
Code of Civil Procedure.
6. Defendants shall file written statement within
stipulated period.
7. Defendants do pay proportionate costs of the suit to
the plaintiff.
8. Decree be drawn up accordingly.
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..5.. Summons for Judgment No.126/2019
9. Summons for judgment is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Mazgaon
Mumbai
Date: 04/09/2024. Court Room No.84
Dictated on : 04/09/2024.
Transcribed on : 04/09/2024.
Signed by HHJ on : 05/09/2024.
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..6.. Summons for Judgment No.126/2019
“Certified to be true and correct copy of the original signed order”.
05/09/2024
at about 05.15 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 04/09/2024
Order signed by Hon'ble Judge on : 05/09/2024
Order uploaded on : 05/09/2024
at about 05.15 p.m.
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