Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 04.04.2018
Registered on 04.04.2018
Decided on 21.09.2019
Duration Yrs. M. Days
01 05 18
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUIT NO.1833 OF 2019
(SUIT NO.1132 OF 2018)
M/s. Maharashtra Safe Chemist &
Distributors Alliance Ltd.
A Company registered under Indian
Companies Act having office at Corporate
Part II, 6th floor, V.N. Purav Marg, Chembur,
Mumbai400 074.
...Plaintiff.
V/s.
1. M/s. Kohinoor Hospital Pharmacy,
Kirol Road, Off. L.B.S. Marg, Kurla (W),
Mumbai400 070.
2. M/s. Kohinoor Hospital P.Ltd.
Kirol Road, Off. L.B.S. Marg, Kurla (W),
Mumbai400 070.
3. Mr. Atul Modak
An adult, Inhabitant, of Mumbai
age not known, Occ:Business
Vice President Kohinoor Hospitals
P.Ltd. Kirol Road, Off. L.B.S. Marg,
Kurla (W), Mumbai400 070.
4. Mr. Unmesh Manohar Joshi
An Adult, Inhabitant of Mumbai
age not known, Managing Director of
Defendant No.2, residing at 101, Oceana
MHCC01-004477-2018
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Apartment, Keluskar Marg, Shivaji Park,
Dadar (W), Mumbai400 028.
5. Mrs. Madhavi Unmesh Joshi
An adult, Inhabitant of Mumbai
age not known, Director of Defendant No.2,
residing at 101, Oceana Apartment,
Keluskar Marg, Shivaji Park, Dadar (W),
Mumbai400 028.
6. Anagha Manohar Joshi
An adult, Inhabitant of Mumbai
age not known, Director of Defendant No.2,
residing at 101, Oceana Apartment,
Keluskar Marg, Shivaji Park, Dadar (W),
Mumbai400 028. ...Defendants.
Appearances:
Ld. Adv. Tripathi for plaintiff.
None for defendants. Hence, suit proceeded exparte against defendants
CORAM : HIS HONOUR JUDGE
SHRI MILIND V. KURTADIKAR
(C.R.No.20)
DATED : 21st September,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of loan amount alongwith interest.
2. Plaintiffs case is as below.
That plaintiff is a Company carrying on business in
pharmaceutical goods. Defendant no.2 is a Limited Company.
Defendant no.1 is its sister concern. Defendant no.3 is the Vice
President of defendant no.2 and looking after the business of defendant
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nos.1 and 2. Defendant nos.4 to 6 are the Directors of defendant no.2
and involved in business of defendant no.2.
3. As per orders placed by defendants in between 27.03.2015 to
30.07.2016, plaintiff has sold and delivered pharmaceutical goods to
the defendants. As per ledger account maintained by plaintiff as on
01.09.2017 an amount of Rs.14,12,565/ was due towards defendant as
principle amount alongwith interest amount of Rs.5,57,674.87/
totaling to Rs.19,70,239.87/. Plaintiff has requested the defendants to
pay the dues. However, they have avoided and neglected to pay it.
Therefore, on 23.09.2017 plaintiff issued legal notice to the defendants
to pay an amount of Rs.19,70,674.87/. On receipt of said letter
defendants have paid an amount of Rs.3,09,019/ leaving balance of
Rs.16,61,220.87/. Again on 24.01.2018 plaintiff issued notice to the
defendants to pay the balance amount alongwith interest. Defendants
have received the notice but failed to liquidate the dues. Therefore, this
suit.
4. On 20.08.2018 defendant nos.1 to 6 have put their
appearance through advocate. However, they have failed to file written
statement. Hence, suit proceeded without written statement against
them.
5. In order to establish the claim plaintiff has examined its
authorized representative Mrityunjoy Chakraborty at Exh4 and filed
documents below list Exh5. Said witness deposed that in between
27.03.2015 to 30.07.2016 defendants have placed orders for
pharmaceutical goods and plaintiff has sold and delivered those goods
to defendants. Plaintiff has maintained ledger account of defendant
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Suit No.1833/19 (1132/18) .. j/4 ..
during course of business. As on 01.09.2017 defendants were liable to
pay an amount of Rs.14,12,565/ alongwith interest of Rs.5,57,674.87/
totaling to Rs.19,70,239.87/. Defendant has failed to pay the dues so
on 23.09.2017 plaintiff issued notice through advocate to the
defendants and called upon to pay the entire dues. Defendants have
paid an amount of Rs.3,09,019/ leaving balance of Rs.16,61,220.87/.
Despite demand defendants have failed to pay that much amount.
Therefore, plaintiff is praying for decree of that much amount alongwith
interest.
6. Above oral evidence of plaintiff witness has gone
unchallenged on record. In support of said oral evidence plaintiff has
produced relevant documentary evidence on record at Exh6 to Exh10.
Exh6 is the resolution authorising PW1 to depose on behalf of plaintiff
company. Purchase orders and tax invoiced at Exh7 colly shows that
defendants have placed orders and plaintiff has supplied those
pharmaceutical goods to defendants. Exh8 the ledger account
maintained by plaintiff shows that initially an amount of
Rs.19,70,674.87/ was due against defendants. It further shows that
defendants have paid part payment of Rs.3,09,019/ and the balance is
Rs.16,61,220.87. So plaintiff proved that an amount of
Rs.16,61,220.87/ is due against defendants.
7. The office copies of advocate letters at Exh09 and Exh10
show that despite demand by plaintiff defendants have failed and
neglected to pay that much amount. Therefore, plaintiff is entitled to
recover that much amount from defendants alongwith interest.
Accordingly the order.
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O R D E R
1. Suit is hereby decreed with costs.
2. Plaintiff do recover an amount of Rs.16,61,220.87/
from the defendants jointly and severally along with
interest @ 9% on principle amount of Rs.14,12,565/
from the date of suit till realization.
3. Defendants to bear their cost and to pay costs of
plaintiff.
5. Decree be drawn up accordingly.
( MILIND V. KURTADIKAR )
Judge, (C.R.No.20)
Dt.: 21/09/2019 City Civil Court, Gr. Mumbai
Dictated on : 21.09.2019
Transcribed on : 23.09.2019
Signed on : 25.09.2019
sbk/
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
26.09.2019 05.30 p.m. Sanjay Baliram Kaskar
(Stenographer H.G.)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.20)
Date of Pronouncement of
Judgement/Order.
21.09.2019.
Judgement/order signed by P.O on 25.09.2019.
Judgement/order uploaded on 26.09.2019.
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