Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010042522019
Filed on :05.04.2019
Registered On:03.05.2019
Decided on :28.01.2021
Duration :Y-01/M-09/D-24
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.529 OF 2019
Exhibit- 12
M/s. Gifting Ideas Company Private Ltd.,a company
incorporated under the provisions of Companies
Act, 1956 having its registered office at No. 206,
Cama Industrial Estate, Sunmill Compound,
Senapati Bapat Marg, Lower Parel (West),
Mumbai-400 013
Through its authorised signatory Mrs. Rekha Shetty ...Plaintiff
V/s.
Ms. Stella Peter Vaz, an adult, Indian Inhabitant,
at Present residing in Eddle House, Room No.11,
1st floor, Pedder Road, Mumbai-400 026. ... Defendant
SUIT FOR RECOVERY OF RS.95,172/-
Appearance:-
Mrs. Leena Rajesh Temkar Advocate for the plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 28/01/2021
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Summ. Suit No.529/2019
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JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a private limited company incorporated
under the Companies Act, 1956 doing business of Corporate Gifting.
The defendant joined the services of the plaintiff as “ Manager- Business
Development” on 14.03.2018. The plaintiff had issued appointment
letter dated 14.03.2018 to the defendant duly signed by both the
director of the plaintiff and defendant herself. From 08/06/2018
onwards, the defendant stopped reporting for the work without any
information and permission of the plaintiff. As the defendant was
holding a senior position with key responsibilities of business
procurement and development, the business of the plaintiff company
was totally disturbed due to the defendant abruptly remain absent for a
long period of time from the plaintiff company without any intimation.
Thereafter, the plaintiff sent letter dated 17.08.2018 and called upon
the defendant to report immediately and complete the notice period
and hand over proper charge to the superior and also to follow the
proper rules. The defendant duly received the said letter of the plaintiff,
but failed to report for her work. Again plaintiff by letter dated
29.08.2018 served upon defendant and informed the defendant that as
the resignation of the defendant was without following due process of
law and in violation of the terms of employment interalia, the
defendant was liable to pay an amount of Rs. 84,000/- towards notice
pay in lieu of notice as per the terms and conditions of employment
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Summ. Suit No.529/2019
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mentioned in the appointment letter and further called upon the
defendant to pay the same within seven days from the date of the
receipt of the notice. The defendant duly received the said letter of the
plaintiff company but failed to respond inspite of legal notice dated
20.10.2018. According to the plaintiff defendant is liable to pay amount
of Rs.84,000/- on the date of the filing of the suit. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.84,000/-.
3. The suit summons were duly served on the defendant but
he failed to appear. Hence, suit is posted for judgment as per order
XXXVII Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.84,000/- with
interest
@ 10% per annum
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
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Summ. Suit No.529/2019
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Exhibit.
No.
Description of documents Date
7 Board Resolution 01/03/2020
8 Record Office Copy of the
appointment letter of the
defendant
14/03/2018
9 Photo copy of the plaintiff letter
alongwith RPAD
17.08.2018
10 Photo copy of the plaintiff letter
alongwith RPAD
29.08.2018
11 Photo copy of the plaintiff’s
advocate notice alongwith photo
copy of RPAD
20.10.2018
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit 7
to 11 go to establish that plaintiff has appointed the defendant as
Manger-Business Development on 14.03.2018. The documents further
prove that the amount of Rs.84,000/- is due and payable to the plaintiff
from defendant towards notice pay in lieu of notice as per the terms and
conditions of employment mentioned in the appointment letter. But,
defendant failed to pay an amount of Rs.84,000/- towards notice pay in
lieu of notice as per the terms and conditions of employment mentioned
in the appointment letter. The documents at list Exhibit-7 to 11 go to
establish that defendant is liable to pay Rs.84,000/- to the plaintiff on
the date of filing of the suit. In this background, it is held that plaintiff
is entitled to recover sum of Rs.84,000/- from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
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Summ. Suit No.529/2019
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interest may exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is no
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest at the rate of 10% per annum
would be just and proper to be awarded on the principal amount of
Rs.84,000/-. Hence, point no.1 is answered in the affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held
that the plaintiff is entitled to recover Rs.84,000/- from the defendant
with interest at the rate of 10% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2, I proceed to pass
the following order.
ORDER
1. The defendant shall pay Rs.84,000/- (Rs. Eighty Four
Thousand Only) to the plaintiff with interest at the
rate of 10% per annum from the date of filing of the
suit till its realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date :28/01/2021 Gr. Bombay
Dictated on : 28/01/2021
Typed on : 28/01/2021
Signed on :
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Summ. Suit No.529/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28.01.2021 04.50 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
28/01/2021
JUDGMENT/ORDER signed by
P.O.on
28/01/2021
JUDGMENT/ORDER uploaded on 28/01/2021
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