Final Order 1

Order Details: Ex-parte Judgement
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MHCC010041382020 Presented on : 17-09-2020
Registered on : 29-10-2020
Decided on : 04-01-2022
Duration : Y M D
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BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.508 OF 2021
(SUMMARY SUIT NO.401 OF 2020)
Ex.05
M/s. Winaturals
a registered Partnership firm
having its office at A2, Ramnivas, 42/43,
Swastik Park, Chembur,
Mumbai 400 071.
through its partner aged 34 years. ..Plaintiff
VERSUS
M Venkatachalam B. E.
A sole proprietor of M/s. Pragati Organic
having its office at No. 5, Thiruvadi Street,
Srirangam, Trichy, Tamilnadu 620 006.
Age:Not known. ..Defendant
_________________________________________________________
Ld. Advocate Manish Gaikwad for plaintiff.
Defendant Exparte._______________________________________
JUDGMENT
(Dated this 4th day of January, 2022)
Suit is for recovery of an amount of Rs.10,41,300/
along with interest @ 24% p.a.
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Briefly stated, plaintiff's case, is as under:
2. Plaintiff does the business of supply of organic
manure. On 03/02/2017, defendant placed an order for supply of
5000 kg organic manure. As per invoice dated 08/02/2017,
plaintiff supplied 5000 kg organic manure for Rs.3,92,500/.
Defendant made payment towards supply of organic manure by
said invoice.
3. In June2017, defendant placed another order for
supply of 10,000 kg of organic manure in two parts. On
07/06/2017, defendant paid Rs.1 lac as an advance payment
towards supply of 5000 kg organic manure. After receipt of
advance payment, plaintiff issued invoice for Rs.3,92,500/ and
supplied organic manure through VRL Logistics to defendant.
Defendant received the goods on 12/06/2017. Defendant failed
to pay balance amount of Rs.2,92,500/. Defendant promised to
pay balance amount after receipt of second part of 5000 kg
organic manure. On being assured by defendant, plaintiff
supplied 5000 kg organic manure as per invoice dated
29/06/2017. Towards the said invoice, defendant made advance
payment of Rs.1 lac. An amount of Rs.2,92,500/ was also
balance against defendant towards invoice dated 29/06/2017.
Thus, total amount of Rs.5,85,000/ was balance against
defendant towards supply of organic manure by invoices dated
07/06/2017 and 29/06/2017. Defendant agreed to pay interest
at the rate of 24% p.a. for delayed payment. Plaintiff issued legal
notices dated 16/12/2019 and 07/03/2020. Inspite of receipt of
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these notices, defendant failed to make the payment. Hence, this
suit.
4. Defendant was duly served with writ of summons as
per service affidavit (Ex.2), but, failed to tender his appearance.
Therefore, suit proceeded without appearance of defendant as per
order dated 14/10/2021.
5. Heard Ld. advocate for plaintiff.
6. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.10,41,300/ is
outstanding against defendant?
Proved
2. What order? Suit is decreed as per
final order.
REASONS
Point No.1
7. In order to substantiate the claim, plaintiff filed claim
affidavit of PW1 Siddharth Natarajan at Ex.3 and original
documents below Ex.4. PW1 Siddharth Natarajan has reiterated
all the facts pleaded in the plaint. PW1 Siddharth Natarajan
testifies that plaintiff firm has received entire amount towards
supply of 5000 kg organic manure supplied to defendant as per
invoice dated 08/02/2017. However, defendant failed to make
payment of invoices dated 07/06/2017 and 29/06/2017.
Defendant made payment of Rs. 1 lac each as an advance
payment towards invoices dated 07/06/2017 and 29/06/2017.
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Defendant failed to make payment of balance amount of
Rs.5,85,000/. The claim affidavit filed on record is well
supported by documents filed below Ex.4. As discussed supra,
inspite of service of writ of summons, defendant failed to tender
his appearance, therefore, plaintiff's claim which is well supported
by invoices coupled with delivery challans needs to be accepted.
8. Plaintiff claimed interest at the rate of 24% p.a. The
invoices filed on record shows that plaintiff claimed interest at the
rate of 24% p.a. for delayed payment. Those invoices were duly
accepted by defendant. Thus, it can be construed that defendant
agreed to pay the interest at the rate of 24% p.a. for delayed
payment. Considering the nature of transaction, plaintiff is
entitled for agreed rate of interest i.e. interest @ 24% p.a.
9. From all above discussion, plaintiff has succeeded to
prove that an amount of Rs.10,41,300/ is outstanding against
defendant and plaintiff is entitled for the said amount alongwith
interest at the rate of 24% p.a. Point No.1 is answered
accordingly. In the result, following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.10,41,300/
(Rs. Ten Lacs, Forty One Thousand and Three Hundred
only)alongwith interest at the rate of 24 % p.a. to
plaintiff from the date of the suit till it's realization
within two months.
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3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948,
for the refund of Institution Fee.
4. Decree thus follow.
04/01/2022 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 04/01/2022
Transcribed on : 04/01/2022
Signed on : 04/01/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
04/01/22 at 03.40 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
04/01/22
Judgment and order signed by
P.O.
04/01/22
Judgment/order uploaded on 04/01/22
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
15/12/21 at 05.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
15/12/21
Judgment and order signed by P.O. 15/12/21
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Judgment/order uploaded on 15/12/21
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