Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.557/2019
Filed on : 04.04.2019
Registered on : 03.06.2019
Decided on : 20.02.2020
Duration : Year-00 Month-08 Days-18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 557 OF 2019
(CNR NO.MHCC01-003970-2019)
Exhibit-22
M/s. Chetana Book Depot,
Address: Office at 4th floor, “B” Wing,
Buiding “E” Trade Link, Kamala City,
Above Bombay Canteen, Lower Parel,
Mumbai – 400 013.
Through its Legal officer
Mr.Shaji John
Mobile No-9869669654 ….Plaintiff
V/s.
1. Mr.Pranil Jain
Age: Adult
Address: Sanmati Prathmik Vidyamandir
Near New Bus Stand, Ansing,
Washim Nagpur,
Maharashtra, Pincode- 444507
2. Sanmati Prathmik Vidyamandir
Age: Adult,
Address: Near New Bus Stand, Ansing,
Washim Nagpur,
Maharashtra, Pincode- 444507 ... defendants
SUIT FOR RECOVERY OF RS.87,060.43/-
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 20th February, 2020.
(C.R.No.59)
Appearances:-
Advocate Jain Yadav, for the plaintiff.
Exparte against defendants.
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Judgment 2 Summ. Suit No.557/2019
JUDGMENT
(Dictated and pronounced in Open Court.)
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 is a partnership firm registered under the Indian
Partnership Act, 1932. In Pursuance to order placed by the defendants
for supply of educational books, the plaintiff sold, supplied and
delivered to the defendants between the period June, 2017 to July,
2017 vide four invoices for total sum of Rs.1,85,446/-. The defendants
failed to pay balance amount of Rs.62,868/- inspite of various requests
made by the plaintiff and receipt of legal notices dated 27.12.2018.
According to the plaintiff on the date of the suit defendants has to pay
amount of Rs.87,060.43ps. Hence, plaintiff is constrained to file the suit
for recovery of the said amount. The total suit claim of the plaintiff for
Rs.87,060.43 ps.
3. The suit summons were duly served on the defendants 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 the
defendants to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.87,060.43/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
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Judgment 3 Summ. Suit No.557/2019
REASONS
5. The Constituted Attorney of plaintiff Shaji John has filed affidavit
at Exhibit-7. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents
9 Office copy of Power of Attorney dated 23/06/2010
10 Photo Copy of Purchase Orders No.0442 and 0432
11 Photo Copy of L.R. No.527922 dated 23/06/2017
12 Photo Copy of L.R. No.527922 dated 05/07/2017
13 Photo copy of L.R. No.527922 dated 08/07/2017
14 Invoice bearing No.17/11717.01 dated 26/06/2017
15 Invoice bearing No.17/11716.01 dated 26/06/2017
16 Invoice bearing No.17/11717.02 dated 28/06/2017
17 Invoice bearing No.17/11716.02 dated 30/06/2017
18 Sales ledger dated 01/04/2017 to 31/03/2018
19 Original notice
20 Original Postal Receipt
21 Original Returned Reg A.D. Card and Packet
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-9 to 21
goes to establish that plaintiff has sold and delivered total goods worth
of Rs.87,060.43ps to defendants. The documents further prove that the
amount of Rs.87,060.43ps is due and payable to the plaintiff company
from defendants towards delivered of goods. But, defendants failed to
pay total amount of Rs.87,060.43ps towards purchase of goods. The
documents at list Exhibit-9 to 21 goes to establish that defendants is
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Judgment 4 Summ. Suit No.557/2019
liable to pay Rs.1,59,419/- to the plaintiff on the date of filing of the
suit towards the purchase of goods and therefore the defendants is
avoid to pay the balance amount to the plaintiff. In this background, it
is held that plaintiff is entitled to recover sum of Rs.87,060.43ps from
the defendants.
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 6% 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 express
contract existing between the parties as to the rate of interest of 18%
per annum which shall be levied. Therefore, rate of interest at the rate
of 18% per annum would be just and proper to be awarded on the
principal sum adjudged i.e. amount of Rs.87,060.43ps. 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.87,060.43ps from the defendants with
interest at the rate of Rs.18% 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 defendants. Hence, in answered to point no.2, I proceed to
pass the following order :
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Judgment 5 Summ. Suit No.557/2019
: ORDER:
1. The defendants shall jointly and severally pay
Rs.87,060.43ps (Rs. Eighty Seven thousand sixty
rupees and forty three paise Only) to the plaintiff with
interest at the rate of 18% 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.
(Smt. S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date : 20.02.2020 Gr. Bombay
Typed on : 20.02.2020
Described on : 20.02.2020
Signed on : 20.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Judgment 6 Summ. Suit No.557/2019
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.02.2020 5.15 p.m.
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.02.2020
Order signed by P.O. on 20.02.2020
Order uploaded on 20.02.2020
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