Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010042832020
Presented on 29.09.2020
Registered on 06.01.2021
Decided on 06-08-2022
Duration Yrs. M. Days
01 10 07
CNR No. MHCC010042832020
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.19 OF 2021
Savita Hasmukh Surana,
Age 54 years, Indian Inhabitant
Proprietress of Manoj Enterprises,
having her address at Shop No.11,
Building No.18, Harharwala Builder,
N.M. Joshi Marg,
Mumbai – 400 011. ...Plaintiff.
V/s.
M/s. Burnt Crust Hospitality Pvt. Ltd.,
1A, Gr. Floor, 44 Khatau Building,
Shahid Bhagat Singh Road,
Nyayamurti G.N.Vaidya Road,
Fort, Mumbai – 400 001. ....Defendant.
Appearances:
Ld. Adv. Mr. Manoj Agre for plaintiff.
None present for defendant.
M
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Suit 19 of 2021 .. J/2 .. Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 6th August, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of the sum of Rs.1,51,828/ alongwith interest at the rate of 18% per
annum from the date of suit till its realization.
2. The facts in brief are as follows:
The plaintiff is carrying out his business in the name and
style of M/s. Manoj Enterprises. The defendant is a Company and
running their various Restaurants at different locations. The plaintiff is
in the business of dealing and trading in Dairy products. Pursuant to
the orders placed by the defendant, plaintiff sold and delivered various
kinds of dairy products to the defendant from the period 09.06.2018 to
19.12.2018 aggregating to sum of Rs.3,65,317/. The defendant had
not raised any dispute regarding the prices, quality and quantity of the
goods. The defendant initially paid the outstanding amount but
thereafter failed to pay the outstanding due amount. The plaintiff
raised the invoices but the defendant failed to pay the outstanding
amount. The defendant issued three cheques to the plaintiff. The said
cheques on presentation were dishonoured. The plaintiff issued notice
to the defendants but the defendant failed to reply the notice. The
defendant also failed and neglected to make the payment. The plaintiff
again issued notice dated 20.03.2022 calling upon the defendant to
make payment but the defendant failed to pay the same. The plaintiff
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therefore, filed the present suit and prayed for recovery of the sum
alongwith further interest from the date of suit till its realisation.
3. The defendant was duly served but he failed to appear and
therefore, suit was proceeded Exparte as per the order dated
22.10.2021.
4. The plaintiff filed his Affidavit of Evidence vide Exhibit 3
and compilation of Documents vide Exh.4. The plaintiff filed the
Certificate under Section 65(B) of Indian Evidence Act. Vide Exh.5. The
perusal of documents shows that the plaintiff raised invoices vide Exh.6.
The plaintiff sold and supplied the goods to the defendant. The plaintiff
filed his Ledger Account of defendant vide Exh.7. The Exh.7 shows the
outstanding due amount against the defendant. The plaintiff filed the
dishonoured cheques alongwith Bank memo vide Exh.8. It shows that
the defendant acknowledged his liability by issuing cheques. The
plaintiff has filed the office copy of the notice vide Exh.9 and 10. The
said notices were received to the defendant. Inspite of the same the
defendant failed to discharge its liability. The invoices shows that the
goods were supplied and delivered to the defendant. The defendant
never raised any protest regarding the prices and quality of the
delivered goods. On the above, the defendant issued the cheques
towards discharge of his liability. It follows presumption that the
cheques were issued towards discharge of legal liability. The said
cheques on presentation were dishonoured, The defendant also
received the notice but failed to pay the outstanding amount. The
defendant failed to appear and challenge the oral and documentary
evidence of plaintiff. It therefore, seems that the defendant admitted the
claim of plaintiff. The defendant failed and neglected to pay the
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outstanding amount to the plaintiff and therefore plaintiff is entitled for
the outstanding amount.
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.19 of 2021 is decreed with costs.
2. Defendant shall pay the amount of Rs.1,51,828/ (Rupees One
Lakh Fifty One Thousand Eight Hundred and Twenty Eight Only)
to the plaintiff alongwith interest at the rate of 9 percent per
annum on the principal amount of Rs.1,16,791/(Rupees One
Lakh Sixteen Thousand Seven Hundred and Ninety One only)
from the date of filing suit till its actual realization.
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.
6. R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 06082022 City Civil Court, Gr. MUMBAI
Dictated on : 06082022
Transcribed on : 10082022
checked on : 10082022
Signed on : 12082022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12.08.2022 at 05.20 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
06.08.2022
Judgment/order signed by P.O. on 12.08.2022
Judgment/order uploaded on 12.08.2022
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