Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010040172020
Presented on 09-09-2020
Registered on 03-12-2020
Decided on 12-08-2022
Duration Yrs. M. Days
01 11 03
CNR No. MHCC010040172020
EXH.14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.490 OF 2020
JEEVANDEEP PRAKASHAN PVT. LTD.
Presently known as Jeevandeep Edumedia
Pvt. Ltd. A Company having registered
office At Sun Paradise Business Plaza, First
Floor, Senapati Bapat Marg, Lower Parel,
Mumbai 400 013.
Assistant Manager Ms. Rutuja Suraj Sarfare
Aged 27 years ...Plaintiff.
V/s.
JI JAI ENGLISH SCHOOL
Navingaothan, Ranjangaon Khuri Road, At
& Post. : Bidkin – 431 105, Tal : Paithan,
District Aurangabad, Maharashtra ....Defendant.
Appearances:
Ld. Adv. Preeti Gada for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 12th AUGUST, 2022
-- 1 of 5 --
Summary Suit 490 of 2020 .. J/2 .. Ex-parte Judgment
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.95,789/ (Rupees Ninety Five Thousand Seven Hundred
and Eighty Nine Only) alongwith interest on the principal sum of
Rs.57,535/(Rupees Fifty Seven Thousand Five Hundred and Thirty
Five Only) at the rate of 18% p.a. from the date of the suit till its
realization.
2. The facts in brief are as follows:
The plaintiff is a Private Limited Company carrying on
business. The plaintiff is carrying its business as Education Publishers.
The defendant is Ji Jai English School. Pursuant to the purchase order
through email the plaintiff sold, supplied and delivered the goods to the
defendant through transport Company. The defendant accepted the
goods. In the due course of business the plaintiff raised invoices but the
defendant failed to make the payment on due date as per terms and
conditions agreed between them. The plaintiff send legal notice but the
defendant failed to pay the amount and therefore, plaintiff filed the
present suit and prayed to decree the outstanding amount.
3. The defendant was duly served but he failed to appear and
therefore, suit was proceeded Exparte against defendant as per order
dated 15.12.2021.
4. The plaintiff in order to prove its claim filed the claim
affidavit vide Exh.05. and list of documents vide Exh.07. Plaintiff also
filed Certificate u/s.65(b) of Indian Evidence Act vide Exh.06. The
plaintiff filed the documents which were marked as Exh.08 to Exh.12.
-- 2 of 5 --
Summary Suit 490 of 2020 .. J/3 .. Ex-parte Judgment
The plaintiff filed Purchase Orders bearing no.44540, 44403, 44404,
44805, 44450 and 45066 vide Exh.8. 7 invoice alongwith Lorry Receipts
vide Exh.09. The plaintiff filed the office copy of the Legal Notice
dt.28.01.2020 alongwith postal receipt vide Exh.10. The Plaintiff filed
returned packet vide Exh.11. Plaintiff also filed Board Resolution vide
Exh.12. It seems that the defendant placed the order of supply of the
books and the same were delivered to the defendant. The defendant
accepted and acknowledged the same, however failed to pay the
outstanding amount. The plaintiff issued legal notice but the defendant
failed to repay the amount. The defendant failed to appear and
challenge the evidence of plaintiff. The oral and documentary evidence
of plaintiff has therefore, gone unchallenged. The plaintiff supplied the
goods but the defendant failed to pay the outstanding amount
alongwith interest. Hence, plaintiff is entitled for the decree.
5. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
ORDER
1. The Summary Suit no.490 of 2020 is decreed with costs.
2. The Defendant shall pay the amount of Rs.95,789/(Rupees
Ninety Five Thousand Seven Hundred and Eighty Nine Only) to
the plaintiff along with further interest at the rate of 9 percent
per annum on the principal amount of Rs.57,535/(Rupees Fifty
-- 3 of 5 --
Summary Suit 490 of 2020 .. J/4 .. Ex-parte Judgment
Seven Thousand Five Hundred and Thirty Five Only) from the
date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 12082022 City Civil Court, Gr. MUMBAI
Direct typed on : 12082022
checked on : 22082022
Signed on : 22082022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 4 of 5 --
Summary Suit 490 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.08.2022 at 05.25 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
12.08.2022
Judgment/order signed by P.O. on 22.08.2022
Judgment/order uploaded on 24.08.2022
-- 5 of 5 --