Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 239/2020. 1 Ex-parte Judgment.
MHCC010041602018
Presented on : 27-03-2018
Registered on : 16-08-2018
Decided on : 05-02-2021
Duration : 2 years, 10 months, 9 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 239 OF 2020
Exh.26.
M/s. Gautam Tube Corporation, )
A Partnership Firm, having its )
Registered Office at 7, Doshi Bhavan )
1st Floor, 2nd Carpenter Street, )
Mumbai – 400 004. Through its )
Constituted Attorney Mr. Paresh Kantilal )
Mehta )...Plaintiff
Versus
M/s Sai Wardha Power Ltd. )
(Formerly known as Wardha Power Ltd.) )
Having Factory at )
B2, MIDC, Warora Groth Center )
Warora, Dist.Chandrapur – 442 907, (MS) )
And Office at 82293/82/A/431/A, )
Road No.22, Jubilee Hills, )
Hyderabad500 033 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 5th FEBRUARY, 2021.
Mr. S.R.Maurya, Advocate for Plaintiff.
None for Defendant. (Exparte).
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Comm.Suit No. 239/2020. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.4,75,456/ (Rupees Four
Lakhs Seventyfive Thousand Four Hundred Fiftysix Only) alongwith
interest at the rate of 24% p.a., based on invoices and accounts.
Plaintiff’s case is narrated as follows :
2. Plaintiff is a registered partnership firm deals in the
business of ferrous and nonferrous metals and steel merchant. At the
request of defendant, in the regular course of business, plaintiff has
supplied the material of stainless steel / industrial raw material on
different occasion during the period of 02/06/2010 to 14/05/2016.
During the course of business, it was properly dispatched by the plaintiff
and received by the defendant. On various occasion defendant has
issued part payment to the plaintiff. In view of the account extract
maintained by the plaintiff, the amount of Rs.3,39,028/ (Rupees Three
Lakhs Thirtynine Thousand Twentyeight Only) was due towards
defendant. Plaintiff has issued a notice to the defendant on
13/02/2017 and 29/01/2018. Defendant is failed to repay the amount.
Hence, this suit for recovery with interest at the rate of 24% p.a.
3. In view of service affidavit vide Exh.6, summons is duly
served on defendant. He failed to appear. Hence, suit is proceeded ex
parte.
4. On perusal of account extract vide Exh.16, it is mentioned
that during pendency of the suit, defendant has paid Rs.2,00,000/
(Rupees Two Lakhs Only) on 26/04/2018. Hence, plaintiff has claimed
for recovery of Rs.1,39,028/ (Rupees One Lakh Thirtynine Thousand
Twentyeight Only). It is admitted by Adv. Maurya for plaintiff that in
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Comm.Suit No. 239/2020. 3 Ex-parte Judgment.
support to the account statement vide Exh.16, PW 1 Paresh Mehta has
specifically mentioned in para 5 of the evidence affidavit.
5. PW 1 Paresh Kantilal Mehta deposed before the Court vide
Exh.7. Perused tax invoice and lorry receipt vide Exh.9 and 10.
Perused ledger account vide Exh.11 to 16. Perused legal notice issued
by the plaintiff vide Exh.17 and 20. Absence of defendant infers that
he admits the suit claim.
6. It is to note that during pendency of the suit, defendant has
paid the amount of Rs.2,00,000/ (Rupees Two Lakhs Only). It has
been deducted in the account statement. In result, suit deserves to be
decreed.
7. The interest claimed at the rate of 24% p.a. appears to be
exorbitant. Considering business relations between the parties, suit is
decreed with cost at the rate of 12% p.a. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.1,39,028/ (Rupees
One Lakh Thirtynine Thousand Twentyeight Only) with
interest @ 12% p.a. from the date of suit till realization,
within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 05/02/2021. Mumbai.
1. Dictated on : 05/02/2021.
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Comm.Suit No. 239/2020. 4 Ex-parte Judgment.
2. Transcribed on : 06/02/2021.
3. Signed on : 06/02/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/02/2021. 3.47 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 05/02/2021.
Judgment/Order signed by P.O. on 06/02/2021.
Judgment/Order uploaded on 06/02/2021.
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