Final Order 1

Order Details: Ex-parte Judgement
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MHCC010039712019
Presented on 04-04-2019
Registered on 03-06-2019
Decided on 18-04-2023
Duration Yrs. M. Days
04 00 14
EXHIBIT- 07
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
IN
SUMMARY SUIT NO. 807 OF 2022
Jeevandeep Edumedia Pvt Ltd. Having registered
office at Sun Paradise Business Plaza, First Floor,
Senapati Bapat Marg, Lower Parel,
Mumbai– 400013. Through its Assistant Manager
Legal Ms. Rutuja Suraj Sarfare, Age 25,
Occupation-Service.
...Plaintiff
VERSUS
1. Mr.Deepak Bhandus Ghule, Principal,
At Chinchkhed, Post Chapaneer, Tq-Kannad, Dist-
Aurangabad,Pincode-431103,
Mobile No.9284838938.
2. Adarsh Public School,
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2 Exp.Judg in Sum Suit No. 807/2022
Tal:Vaijapur, Dist:Aurangabad, At & Post:Loni
(Khurd)-423701, Maharashtra.
...Defendants
Appearance :
Ld. Adv. Mr. Jay Yadav for plaintiff.
Defendants absent (
Exparte).
Coram : D.R. S. D. TAWSHIKAR
(Court Room No.61)
Heard on : 18-04-2023
Decided on : 18-04-2023
ORAL ORDER
(Dictated and pronounced in Open Court)
This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil Procedure, 1908 (for short 'CPC') for recovery of principal sum
of Rs.70,237/- along with interest at the rate of 18% p.a., more
particularly described in particulars of claim (Exh-E to the plaint).
2. Plaintiff claims to have sold and supplied various books to
the defendants. Defendant No.1 is the principal, whereas defendant
No.2 is the School, who placed purchase order with the plaintiff. It is
contended that owing to various requests, goods were supplied and the
invoices were raised from time to time. Defendants thus purchased
various books from time to time worth Rs. 1,46,906/-. Defendants from
time to time paid sum of Rs.76,669/-, in the form of cash as well as
credit notes, leaving behind a balance of Rs.70,237/-. The copy of Sales
Ledger is placed on record at Exh.C to the plaint to show the repayment
and outstanding due.
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3 Exp.Judg in Sum Suit No. 807/2022
3. It is contended that, as the defendants failed to pay the
balance bill, plaintiff issued demand Notice on 22-03-2019. Despite
receipt of the notice, defendants failed and neglected to pay the
amount, hence the present suit.
4. Though the defendants were duly served with writ of
summons, they failed to cause appearance before this court, therefore,
suit proceeded
exparte.
5. Plaintiff in support of its claim, has filed claim affidavit at
Exh.05 and has reiterated the claim. Plaintiff has also filed various
documents in support of its claim at Exh.06. These documents mainly
contain various purchase orders, the invoices, Lorry receipts, Credit
notes, Sales Ledger and demand notice. The documents do support the
case of the plaintiff.
6. Sub Rule (3) of Rule 2 of Order XXXII of CPC, provides that
if defendant fails to enter his appearance, the allegations in the plaint
shall be deemed to be admitted by the defendant and plaintiff shall be
entitled to a decree. In matter in hand admittedly defendants, despite
due service, failed to cause appearance. This eventually provides an
assumption that defendants did not dispute the allegations contain in
the plaint.
7. Apart from this statutory presumption, plaintiff has placed
on record ample material to show the supply of goods. There is no
contra evidence to dispute the claim raised by the plaintiff. Hence, I
hold that plaintiff is entitled to recover principal sum of Rs.70,237/-
from the defendants.
8. So far as interest part is concerned, plaintiff claims interest
at the rate of 18% p.a. on the amount due. Ld. advocate for the plaintiff
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4 Exp.Judg in Sum Suit No. 807/2022
claims that invoices do bear the term as to payment of interest at the
rate of 18% interest after the due date of the payment. I find there is no
agreed rate of interest between the parties, except the invoices which is
a unilateral document. However, considering the nature of transaction
i.e. of trade and commerce, plaintiff deserves a reasonable interest on
the amount due, from the date of filing of the suit. I find interest at the
rate of 12% p.a. from the date of filing of the suit, would meet the ends
of justice. Hence, the order.
ORDER
A Summary Suit No. 807/2022 is partly allowed with costs.
B Defendants shall pay an amount of Rs. 70,237/- (Rupees Seventy
Thousand Two Hundred Thirty Seven only) to the plaintiff along
with interest thereon at the rate of 12% p.a. from the date of
filing of the suit i.e. 04-04-2019 till realization of entire amount.
C Court Fees be refunded to the plaintiff, as per rules.
D Decree be drawn up accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Date: 18-04-2023. Court Room No.61
Dictated on : 18-04-2023
Transcribed on : 19-04-2023
Corrected on : 20-04-2023
Printed and signed on: 20-04-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21-04-2023 at 5.55p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
18-04-2023
JUDGMENT/ORDER signed by P. O. on 20-04-2023
JUDGMENT/ORDER uploaded on 21-04-2023
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