Order 2

Order Details: Ex-parte Judgement
Pdf Text: MHCC010044042018
Presented on 03-04-2018
Registered on 01-12-2020
Decided on 08-04-2025
Duration Year Month Days
07 00 05
CNR No. MHCC010044042018
EXH.
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUIT NO.471 OF 2020
Ramnayan Rammurat Upadhyay
Age: 52 years,
Proprietor of M/s. Renu Creation
Having its Office at G/7, Sai Leela Society,
Near Tiwari Hospital, Krishna Nagar,
90, Feet Road, Sakinaka,
Mumbai 400072. ...Plaintiff.
V/s.
Gulam Mustafa Khan
Prop. of M/s. Mushahid Creations
Age about 31 years, Occ: Business,
office at Shop No. 67H, Ground Floor,
New National Market, Shahid Nagar,
Prabhudh Nagar, R.A. Kiswai Nagar,
R.A. Kidwai Marg, Wadala (West),
Mumai 400 031. ..Defendant.
Appearance :
Adv. Ramesh Pandey : for Plaintiff
Ex parte : for Defendant
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Suit 471 of 2020 .. J/2 .. Judgment
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
8th April, 2025
J U D G M E N T
(Ex-parte)
(Suit under Order XXXVII of C.P.C.)
This is a suit for recovery of an amount of Rs.13,07,739/-
with 18% p.a.
2. The brief facts of the plaintiff’s case is that:
He is proprietor of M/S. Renu Creation carrying on the
business in dealing,cutting and stiching clothes. The defendant is also
proprietor of M/s. Mushahid Creations. The plaintiff did total job work
of 84,40,169/- till bill No.290 dated 29.03.2017. Out of the said bills,
defendant paid Rs.73,50,000/-, whereas an amount of Rs.10,90,169/- is
balance. Another bill No.316 dated 1.04.2017 of Rs.2,17,570/- is
pending. Thus an amout of Rs.13,07,739/- is outstanding. The details
of the facts invoice/ challans are :
Date Invoice/Challan No. Amount
07.01.2017 271/028 77,217/-
08.02.2017 279/30, 31, 32, 34, 35 4,13,215/-
06.03.2017 284/36, 37, 38, 39,40,41 3,60,400/-
29.03.2017 290/43, 44,45,46 2,69,210/-
01.04.2017 316 2,17,570/-
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Suit 471 of 2020 .. J/3 .. Judgment
3. The last order of Rs.11,00,000/- of 2500 and 3000 meter
clothes of gents garments job work was completed, however, defendant
did not took delivery of the readymade garment material. Hence, on
23.06.2017 legal notice was sent to collect the readymade garments and
to make payment of the remaining amount. The defendant gave false
reply to the notice claiming huge loss. On 18.07.2017 rejoinder was
sent. No any amount was paid inspite of the rejoinder. Hence, again
on11.09.2017 demand notice was sent. As the goods were not collected
though they were made ready, therefore, plaintiff is not responsible for
the loss. Hence, plaintiff is also entitled for storage charges of Rs.200/-
per day from the date of demand notice dated 11.09.2017. Hence, the
suit.
4. The defendant was duly served, however, they failed to
appear. Hence by an order dated 21.08.2023 suit was directed to
proceed ex-parte against him.
5. From the pleadings of plaintiff, following points arise for
my consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Is plaintiff is entitled for recovery of an amount of
Rs.13,07,739/- alongwith 18% p.a from defendant ?
Partly
affirmative.
2. What order and decree ? As per final
order.
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Suit 471 of 2020 .. J/4 .. Judgment
REASONS
6. In order to substantiate his claim, plaintiff filed his
evidence affidavit vide (Exh.3). The documentary evidence consists of
Invoices (Exh.5 to 52 Colly), copy of statement of account (document of
cash received (Exh.53), demand notice (Exh.54), Plaintiffs filed
evidence closed pursis (Exh.55).
AS TO POINT NO.1.
7. Heard Adv. Pandey for plaintiff and gone through the entire
documents filed on record. It is the case of the plaintiff that he was
doing the stiching work for defendants and during the period job work
of Rs.84,40,169/- was done out of which Rs.73,50,000/- was received.
An amount of Rs.13,07,739/- is pending of the remaining bills of which
details are given in the plaint. The plaintiff filed his evidence affidavit
in which the contents of the plaint are reiterated and in absence of cross
examination the same have gone unchallenged. Perusal of the invoices
Exh.5 to 52 Colly reveals the job work done by the plaintiff at the
instance of the defendant. Whereas the copy of statement of account
Exh.53 reveals the payment received. As per the statement of account
Rs.10,90,169/- is the balance and Rs.2,17,570/- vide bill No.316 is the
outstanding amount. Thus an amount of Rs.13,07,739/- is outstanding.
8. As discussed above the suit proceeded ex-parte and the
averments made in the plaint and in the evidence affidavit in absence
denial and cross-examination is deem to be admitted. Therefore,
plaintiff is entitled for recovery of Rs.13,07,739/-. As regards the rate
of interest, in the invoices no any rate of interest is mentioned.
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Suit 471 of 2020 .. J/5 .. Judgment
Therefore, I am of the view that the transaction being commercial, 9%
p.a will just and reasonable rate of interest from the date of filing of the
suit till realization. Hence, point No.1 is answered partly affirmative.
AS TO POINT NO.2.
9. In view of my finding to Point No.1, the suit is liable to be
decreed with costs and plaintiff is entitled to recover an amount of
Rs.13,07,739/- with 9% p.a from the date of filing of the suit till it
realization. In the result, I proceed to pass following order.
ORDER
1. The Summary Suit No.471 of 2020 is partly decreed with costs.
2. The defendant is directed to pay to the plaintiff an amount of
Rs.13,07,739/- (Rs. Thirteen Lakh Seven Thousand Seven Hundred
Thirty Nine only) with 9% p.a from the date of filing of the suit till
its realisation.
3. The Decree be drawn up accordingly.
4. The R and P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:08-04-2025 City Civil Court, Mazgaon,
MUMBAI MUMBAI.
Dictated on : 08-04-2025
Transcribed on : 10-04-2025
checked on : 09-05-2025
Signed on : 09-05-2025
(N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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Suit 471 of 2020 .. J/6 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.05.2025 at 05.10 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
08.04.2025
Judgment/order signed by P.O. on 09.05.2025
Judgment/order uploaded on
due to non working of cis
09.05.2025
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