Final Order 1

Order Details: Ex-parte Judgement
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MHCC010042132020
Presented on 22-09-2020
Registered on 18-12-2020
Decided on 13-01-2023
Duration Yrs. M. Days
02 03 21
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
SUMMARY SUIT NO. 576 OF 2020
EXHIBIT-11
BHULLAR SHABDEEN YADAV
Age yrs of Mumbai an adult Indian
Inhabitant carrying on business as a Sole
Proprietor in the firm name and style of
“Mukesh Enterprise at and from 143-D,
Khemka Bhavan, Sitaram Poddar Marg,
Anantwadi Behind Saibaba Temple, Office
No.8, Mumbai-400 002.
...Plaintiff
Versus
1. NEW STAR PAPER BOX
A Sole Proprietorship firm having its
Address at 1/1635, Habib shah Street
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SU No 576/2020
Suthr Mohalla, Nanpura, Surat, Gujarat -
395001.
2. MOHAMED SHAFI ABUDL RASHID
SHAIKH
Age not known an adult Indian inhabitant
carrying on business as a Sole Proprietor in
the firm name and style of New Star Paper
Box at 1/1635, Habibshah Street, Suthar
Mohalla, Nanpura, Surat, Gujrath-395001.
...Defendants
Appearance :
Ld. Advocate Mr. Ramesh Jain for plaintiff.
Defendants-
Exparte.
CORAM : HHJ DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 13/01/2023
JUDGMENT
( Dictated and pronounced in open Court)
This is a suit filed under Rule 2 of Order XXXVII of Code of
Civil Procedure, 1908 (for short 'CPC') for recovery of principal sum of
Rs.69,335/- along with interest thereon at the rate of 18% p.a. from
the date of filing of suit till realization.
Plaintiff’s case in brief-
2. Plaintiff claims to have sold and supplied Coated Papers
Board as well as Uncoated Color Papers ( goods) to the defendants by
way of four different Invoices in aggregate Rs. 84,247/-. The details
thereof are provided in para No.2 of the plaint. It is further contended
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that defendants paid an amount of Rs. 14,912/- towards the part
payment leaving balance of Rs. 69,335/-. It is further contended that
defendants had issued two cheques of Rs.30,000/- each on 21-01-2020
and 03-02-2020 respectively. However, both the cheques got
dishonoured for the reason, “payment stopped by Drawer” .
3. Plaintiff further contended that he issued notice to
defendants through advocate on 16th March, 2020 and demanded
outstanding amount. Despite receipt of notice, defendants failed to pay
the amount. Hence, the present suit.
4. Defendant No.1 was served through defendant No.2.
However, they failed to cause appearance, hence suit proceeded
exparte.
5. So as to prove the claim, plaintiff has filed claim affidavit
at Exh.6 and reiterated his claim. He also filed all the four Invoices
along with delivery challan and transport receipt showing delivery of
goods. Plaintiff has also placed on record copies of dishonoured cheques
dated 21-01-2020 and 03-02-2020. However, dishonoured note are not
placed on record. Plaintiff has further filed original copy of demand
notice dated 16-03-2020 along with the postal receipt and postal
acknowledgment showing delivery of demand notice.
6. The oral evidence of the plaintiff is supported by the
documentary evidence which reveals that he supplied goods by way of
four different delivery challan. The amount is clearly mentioned in the
Tax Invoices. Plaintiff contended that amount of Rs. 69,335/- is due and
payable. The said evidence has gone unchallenged. Therefore, I hold
that plaintiff is entitled to recover sum of Rs. Rs. 69,335/-.
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7. Learned advocate Mr. Jain contended that interest at the
rate of 18% may be granted as this is a commercial transaction and
demand notice clearly stipulates the said rate of interest. However, I
find that interest at 18% p.a. is on higher side. Considering the fact
that this is a transaction with respect to trade and commerce, I find
granting interest at the rate of 12% p.a. from the date of filing of the
suit, would meet ends of justice. Hence, the order.
ORDER
1) Summary Suit No.576 of 2020 is partly decreed with costs.
2) Defendants jointly and severally shall pay an amount of
Rs.69,335/-(Rupees Sixty Nine Thousand Three Hundred Thirty
Five Only) to the plaintiff along with interest at the rate of 12%
per annum from the date of filing of the suit i.e. 22.09.2020 till
realization of entire amount.
3) Decree be drawn up accordingly.
4) Plaintiff is entitled for refund of Court fees, as per rules.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Date- 13-01-2023 Court Room No.61
Dictated on : 13-01-2023
Transcribed on: 14-01-2023
Signed on : 17-01-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17-01-2023 at 5.45p.m. Ms. K.M.Rana
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
13-01-2023
JUDGMENT/ORDER signed by P. O. on 17-01-2023
JUDGMENT/ORDER uploaded on 17-01-2023
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