Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.559/2019
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. 559 OF 2019
(CNR NO.MHCC01-003976-2019)
Exhibit-23
Jeevandeep Edumedia Pvt. Ltd.
Having Reg. Office at Sun Paradise Business Plaza,
1st floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Assistant
Ms. Heena A. Vora,
Age : 25 years. ...Plaintiff
V/s.
1. Mr. Janardhan Sandoo Daware
Age: Adult
Address: At- Bojgaon, Po-Relgaon,
Tal- Sillod, Aurangabad,
Pincode- 431113.
2. Khopeshwar English School
Address: At- Bojgaon, Po-Relgaon,
Tal- Sillod, Aurangabad,
Pincode- 431113.
... defendants
SUIT FOR RECOVERY OF RS.1,61,776/-
Appearance:-
Ms. Hetal Vakil I/b M/s. J.R. Vakil & Associates, Advocate for the
plaintiff.
Exparte against defendants.
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Judgment 2 Summ. Suit No.559/2019
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20th February, 2020.
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 private limited company under the Companies
Act doing business as educational publishers. In Pursuant of the
purchase order of the defendants the plaintiff has supplied goods worth
Rs.1,74,327/- and plaintiff has issued three invoices for the said goods
in the name of defendants. According to the plaintiff defendants has
failed to pay balance amount of Rs.1,06,871/-. It is the case of plaintiff
that amount of Rs.1,61,776/- is duel payable by the defendants. The
defendants but failed to pay the total sum of Rs.1,61,776/- inspite of
various requests made by the plaintiff and receipt of legal notice dated
11.02.2019 Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.1,61,776/-.
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:-
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Judgment 3 Summ. Suit No.559/2019
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.1,61,776/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. The plaintiff has filed Affidavit of Examination in Chief of its
authorised signatory Ms. Rutuja Suraj Sarfare at Exhibit-7. In order to
prove the case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
9 Copy of Board Resolution 14.07.2018
10 Original Purchase Order 04.05.2016
11 Original L.R. No.03829205 16.05.2016
12 Original L.R. No.03829567 21.05.2016
13 Original L.R. No.4274 16.07.2016
14 Original L.R. No.03833875 01.07.2016
15 Office copy of Invoice 17.05.2016
16 Office copy of Invoice 23.05.2016
17 Office copy of Invoice 02.07.2016
18 Office copy of Invoice 18.07.2016
19 Office copy of Sales Ledger 01.04.2016 to
23.03.2019
20 Office copy of Notice 11.02.2019
21 Original Postal Receipt 11.02.2019
22 Original Reg A.D. Packet --
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Judgment 4 Summ. Suit No.559/2019
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-9
to 22 go to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.1,61,776/- is due
and payable to the plaintiff company from defendants towards delivered
of goods. But, defendants failed to pay total amount of Rs.1,61,776/-
towards purchase of goods. The documents at list Exhibit-9 to Exhibit-
22 go to establish that defendants is liable to pay Rs.1,61,776/- 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.1,61,776/- 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 contract
existing between the parties as to the rate of interest 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.1,61,776/-. 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.1,61,776/- from the defendants with
interest at the rate of Rs.18% per annum from the date of filing of the
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Judgment 5 Summ. Suit No.559/2019
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 :
: ORDER:
1. The defendants shall pay Rs.1,61,776/- (Rs. One Lakh
sixty one thousand seven hundred and seventy six
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.
(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.
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Judgment 6 Summ. Suit No.559/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
20.02.2020 3.00 p.m. Miss.N.T.Kokare
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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