Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010040032020 Presented on 08-09-2020
Registered on 07-08-2021
Decided on 29-11-2023
Duration 03:02M: 21D
Exhibit 08
IN THE BOMBAY CITY CIVIL COURT
AT BOMBAY
SUMMARY SUIT NO. 623 OF 2021
Cogencis Information Services Limited ]
Shreya Shetty, age 31 yrs., CS of Company ]
Having office address at Ashok Silk Mills ]
Compound, 202 L.B.S. Marg, Ghatkopar West, ]
Mumbai-400086. ]...Plaintiff
V/s. ]
Spfx India, ]
office No.19, 5th Floor, C-Wing ]
Govardhan Baug CHS Ltd. ]
Opp. Lokmanya Hall, Manmala Tank Road, ]
Matunga West, Mumbai-400016. ]...Defendant
Appearance :
Ld. Advocate Mr. Amit Tungare for the plaintiff.
Defendant absent (Ex-parte).
CORAM : HHJ SHRI K. P. SHRIKHANDE
C. R. NO. : 61
DATE : 29-11-2023
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2 Sum Suit No.623/2021
JUDGMENT
( Dictated and pronounced in open Court)
1. This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (CPC)for recovery of amount of Rs.2,46,536/-.
Brief facts of the plaintiff’s case may be summarized as under:
2. The plaintiff is a public limited company. The business
objectives of the plaintiff, inter alia, is providing real time Financial
Data, News and Analytics. The defendant is a Forex advisory Firm.
According to the plaintiff, somewhere in the month of April, 2015, the
defendant approached the plaintiff for engaging the services of plaintiff
for providing Money Customized Package. After due negotiations
between the parties, the defendant entered into the agreement and
subscribed to the services of the plaintiff by filling up the Subscription
Form on 01-04-2015 which mentioned the details such as the duration
of the services, the consideration and other important terms governing
the contract between the plaintiff and the defendant. After signing the
Subscription Form, the plaintiff provided its services to the defendant
for the package for which it had subscribed. The defendant was
completely satisfied with the services rendered by the plaintiff. The
defendant had not raised any query or complaint about the service of
the plaintiff.
3. According to the plaintiff, as per the terms and conditions
of the said agreement, and for the servce rendered, the plaintiff raised
the following three invoices 1) an Invoice dated 1st June 2018 bearing
No.C/0506/18-19 for an amount of Rs.1,43,689/- 2) Invoice dated
3rd December, 2018 bearing No.C/2363/18-19 amounting to
Rs.1,50,039/- and 3) Invoice dated 03-06-2019 bearing No.C/3400/19-
20 amounting to Rs.1,48,468/-.
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3 Sum Suit No.623/2021
4. According to the plaintiff, the defendant made the part
payment of Rs.1,21,540/- leaving behind the balance sum of
Rs.3,20,656/-. The defendant convened to the plaintiff by sending
e-mail dated 14-05-2019 that it want to discontinue the services. In
view of valued relationship, the plaintiff issued a credit note dated
24-06-2019 to the defendant for the period from 13-08-2019 to
31-12-2019 for the amount of Rs.1,14,144/- and therefore, outstanding
amount payable by the defendant is Rs.2,06,512/-. Though the
defendant satisfactorily availed the exceptional Services provided by
plaintiff, the defendant failed to pay the subscription charges in a
timely manner. Therefore, the plaintiff addressed a letter dated
15th April, 2019 to the defendant calling upon the defendant to pay the
outstanding amount. The defendant did not reply to the said notice.
The plaintiff addressed another notice dated 3rd May, 2019 to the
defendant calling upon the defendant to pay the outstanding amount.
Inspite of several reminders by the plaintiff, the defendant failed to pay
the outstanding amount of Rs.2,06,512 to the plaintiff, therefore
plaintiff issued a legal notice dated 24-07-2020 to the defendant
informing the defendant about the default committed by it and
directing the defendant to pay the outstanding amount with interest at
the earliest. The plaintiff has claimed the interest Rs.40,024 @ Rs.18%
from 03-06-2019, a date of last invoice till filing the suit. Hence, the
present suit for the recovery of amount of Rs.2,46,536/- and claimed
future interest @ Rs.18% on it.
5. The defendant was served with the writ of summons. The
plaintiff has filed affidavit of service at Exh.5. Despite the service, the
defendant has not caused appearance and therefore, the suit proceeded
ex-parte against it by the order dated 05-01-2022.
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4 Sum Suit No.623/2021
6. In support of claim, the plaintiff filed its affidavit of claim
of Ms. Shreya Shetty, Company Secretary of the plaintiff at Exh.6 and
reiterated her contention for recovery of Rs.2,46,536/- along with the
further interest at the rate of Rs.18% p.a. The plaintiff has filed and
relied upon the following documents.
Sr.
No. Exhibits Particulars
1 Exh.7/1 Subscription Form dated 01-04-2015
2 Exh.7/2 Office copy of invoices dated 01-06-2018, 03-12-2018
and 03-06-2019
3 Exh.7/3 Email dated 14-05-2019 from the defendant to the
plaintiff
4 Exh.7/4 Plaintiff issued Credit Note No.19295 dated 24-06-2019
5 Exh.7/5 Board resolution dated 21-02-2022
6 Exh.7/6 Certificate u/s. 65B of Evidence Act
7. To decide the present suit, following points arose for the
consideration to which my findings are recorded against each of them
for the reasons given below:
Sr. No. Points/Issues Findings
1. Whether the plaintiff is entitled to
recover amount of Rs.2,46,536/-
from the defendant?
If yes, at what rate of interest?
Partly Yes.
Entitled to recover
Rs.2,06,512/- with interest
thereon at the rate of Rs.6%
p.a. from the date of filing
the suit till its full realization.
2. What order and decree? As per final order.
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5 Sum Suit No.623/2021
REASONS
As to points No.1 & 2:
8. The plaintiff has filed its claim affidavit at Exh.6 in
support of the case set out in the plaint and also placed on record
some documents as referred to above. Evidence on affidavit placed
on record by the plaintiff supports to the case. The claim is also
supported by the documents. The evidence of plaintiff remained
unrebutted and unchallenged. Furthermore, Sub-rule (3) of Rule 2
of order 37 of CPC provides that if the defendant fails to cause
appearance before the court, the allegations in the plaint shall be
deemed to be admitted and plaintiff would be entitled to the decree.
Therefore, I hold that the plaintiff is entitled to recover the principal
balance amount Rs.2,06,512/-.
9. According to the plaintiff, the defendant had agreed to
pay the interest at the rate of Rs.18% per annum and accordingly he
claimed the interest amount Rs.40,024/- on the principle amount of
Rs.2,06,512/- till filing the suit. Thus, according to the plaintiff, he is
entitled to recover the total amount of Rs.2,46,536/-. However, it is
important to note that the condition printed on the invoices in
respect of payment of interest cannot be said to be binding on the
defendant and the court is not bound to grant the interest as per the
said condition. I don’t find any just and sufficient reason to make the
plaintiff entitled to the interest till filing the suit merely on the
strength the condition mentioned on those invoices.
10. The plaintiff has claimed the further interest at the rate
of Rs.18% per annum from the date of filing the suit on
Rs.2,06,512/-. Having regard to the provision of section 34 of the
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6 Sum Suit No.623/2021
CPC., I am of the view that the plaintiff can be made entitled to the
further interest from the date of filing the suit. Further interest
claimed by the plaintiff appears to be excessive and therefore, I am of
the view that it would be just and proper to grant further interest at
the rate of Rs.6% per annum from the date of filing the suit till its
full realization and accordingly, I answer point No.1. In the result,
in an answer to point No.2, I proceed to pass the following order.
O R D E R
1] The Summary Suit No.623 of 2021 is partly decreed with the
costs.
2] The defendant shall pay to the plaintiff the amount of
Rs.2,06,512/- (Rupees Two Lakhs, Six Thousands, Five
Hundreds and Twelve only) to the plaintiff.
3] The defendant shall pay to the plaintiff the simple interest at
the rate of Rs.6% p. a. from the date of filing the suit till its full
realization.
4] The plaintiff is entitled to get refund 2/3rd of the court-fees
paid by it.
5] Decree shall be drawn accordingly.
( K. P. Shrikhande )
Judge, City Civil Court, Gr. Mumbai.
Date- 29-11-2023 Court Room No.61
Dictated on : 29-11-2023
Signed on : 30-11-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30-11-2023 at 12.45 p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri K. P. Shrikhande
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
29-11-2023
JUDGMENT/ORDER signed by P. O. on 30-11-2023
JUDGMENT/ORDER uploaded on 30-11-2023
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