Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010044802020 Presented on 17/10/2020
Registered on 07/08/2021
Decided on 26/02/2026
Duration 05Y: 04M: 09D
Exhibit 19
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 626 OF 2021
Cogencis Information Services Limited ]
Through Shreya Shetty, age: 31, ]
C.S. of Company. ]
Ms. Anuradha Khollam, Authorized ]
representative of company ]
Ashok Silk Mills Compound, ]
202 L.B.S. Marg, Ghatkopar (West), ]
Mumbai 400 086. ]...Plaintiff
VERSUS ]
Bhole Baba Milk Food Industries Ltd. ]
Director, Age -Adult, ]
H-9/1, Block B-1, Mohan Co-Operative ]
Industrial Estate, Mathura Road, ]
New Delhi DI 110044 ]...Defendant
Appearance :-
Ld. Adv. Manthan Birje i/b Adv. Amit Tungare for plaintiff.
Defendant absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 26/02/2026.
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JUDGMENT
( Dictated and pronounced in open Court)
01] This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (CPC), by the plaintiff for recovery of amount of
Rs.85,675/- along with further interest from the defendant. The
plaintiff has substituted authorized representative in view of order
dated 29/08/2025 passed in Chamber Summons No.1258/2025.
Brief facts of the plaintiff’s case may be summarized as under:
02] As per the plaintiff, it is a public limited company
incorporated under the Companies Act, 1956 and engaged in the
business of providing real time financial data, news and analytics. The
defendant is a private limited company engaged in manufacturing
dairy products. Defendant approached the plaintiff in the year 2014 for
engaging services of the plaintiff for providing Money Express-FX
Package for two IDs. Further, after due negotiations between the
parties, the defendant subscribed to the services of the plaintiff by
filling Subscription Form on 12/08/2014 signed by Director of the
defendant. As per the terms and conditions of the said form that
a) billing cycle : annual in advance and b) the subscription for the
initial term for the minimum one year and it will automatically renew
for similar one year term unless subscription is discontinued. Further,
subscription can be discontinued by giving written notice of 90 days
prior to discontinuation. The defendant was satisfied with the service
of the plaintiff. Thereafter, plaintiff issued an invoice dated
03/08/2015 bearing No.C/5078/15-18 for billing period from
01/09/2015 to 31/08/2016 for an amount of Rs. 3,14,640/-.
Defendant made part payment of Rs. 1,57,273/- and requested to
continue service for one ID vide email dated 03/09/2015. The
defendant requested the plaintiff to consider its case as a special case
and assured to pay for the 90 days period from the date of termination
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of notice i.e. 03/09/2015. That after considering the request of the
defendant and its assurance the plaintiff issued credit note No. 6607
dated 27/01/2016 to the defendant on invoice dated 03/08/2015 for
period from 04/12/2015 to 31/08/2016 for amount of Rs. 1,16,721/-.
Thus, after deducting the amount under credit note on the invoice, the
defendant was liable to pay outstanding amount of Rs. 44,646/- on the
invoice dated 03/08/2015.
03] Though, the defendant continued receiving services for
other ID, defendant failed to pay the dues of earlier ID which got
carried forward from year to year. Therefore, plaintiff raised invoice
dated 01/08/2019, bearing No. C/3581/19-20 upon defendant for the
period 01/09/2019 to 31/08/2020 for amount of Rs.1,62,840/-.
Thereafter, the defendant vide email dated 08/08/2019 requested the
plaintiff to discontinue the service. The defendant requested the
plaintiff to consider its case as a special case and assured to pay for the
90 days period from the date of termination of notice i.e. 08/08/2019.
That after considering the request of the defendant and its assurance
the plaintiff issued credit note No. 19873 dated 12/09/2019 to the
defendant on invoice dated 01/08/2019 for period from 07/11/2019
to 31/08/2020 for amount of Rs. 1,32,986/-. Thus, after deducting
the amount under credit note on the invoice, the defendant was liable
to pay outstanding amount of Rs.29,854/- on the invoice dated
01/08/2019. The defendant failed to pay an amount of Rs. 44,646/-
for earlier ID and Rs. 29,854/- for subsequent ID, total amounting to
Rs. 74,500/-. Therefore, plaintiff issued legal notice dated 09/05/2020
through advocate and called upon the defendant to make the payment
of outstanding amount with interest. The defendant failed and
neglected to pay the outstanding amount with interest. Thus, the
plaintiff is entitled for principal amount of Rs. 74,500/- and interest
amount of Rs. 11,175/- at the rate of 18% p.a., total amount of
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Rs.85,675/- including interest as on 30/06/2020. The whole cause of
action arose at Ghatkopar, Mumbai within the jurisdiction of this
Court. The cause of action arose on 01/08/2019, the date on which
invoice raised by the plaintiff. Therefore, suit is within limitation.
Hence, this suit.
04] The writ of summons was served on the defendant. As
defendant failed to appear therefore, order was passed to proceed
matter ex-parte against him on 05/01/2022.
05] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled to
recover an amount of
Rs.85,675/- from the defendant ?
If yes, at what rate of interest ?
Partly yes, defendant shall pay to
the plaintiff interest at the rate of
18% p.a. on Rs. 74,500/- from
01/09/2019, till the date of filing
of suit and thereafter at the rate
of 7% p.a simple interest on
amount of Rs.74,500/- till its
realization.
2. What order and decree? As per final order.
06] In support of claim, the plaintiff has filed affidavit of claim
of Shreya Shetty, as P.W.1, Company Secretary of plaintiff at Exh.6 and
reiterated her contention in the plaint for recovery of Rs.85,675/-
along with the further interest at the rate of 18% p.a. from the
defendants. The plaintiff has filed and relied upon the following
documents vide List Exh.6 and 7. Plaintiff has filed evidence close
pursis vide Exh. 18.
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Sr.
No. Exhibit Particulars
1 Exh.10 Subscription form dated 01/08/2014.
2 Exh.11 Invoice dated 03/08/2015
3 Exh.12 Email dated 03/09/2015
4 Exh.13 Credit note No.6607 dated 27/06/2016
5 Exh.14 Invoice dated 01/08/2019
6 Exh.15 Email dated 08/08/2019
7 Exh.16 Credit note No.19873 dated 12/09/2019
8 Exh.17 Office copy of Legal Notice dated 09/05/2020
R E A S O N S
As to Points No. 1 and 2 :-
07] Perused plaint, oral and documentary evidence on record.
Heard Ld counsel for the plaintiff. On perusing record, it appears that
it is the contention of the plaintiff that it is engaged in the business of
providing real time financial data, news and analytics. Further, it has
come in the evidence of Shreya Shetty P.W.1 that the defendant
approached the plaintiff in the year 2014 for engaging the services of
the plaintiff for providing Money Express-F1 Package. Accordingly, the
defendant filled up form on 12/08/2014. The plaintiff has filed said
form on record at Exh.10. On perusing said form, it appears that it
bears seal and signature of the defendant. Further, it appears that
defendant had engaged the plaintiff to provide services on two IDs. It
is the contention of the plaintiff that as per the terms and conditions of
the said form, subscription for minimum one year from the billing start
date and it will renew automatically for similar one year unless
subscription is discontinued according to Clause 2. On perusing clause
2, it appears that subscription can be discontinued only by providing 3
months written notice.
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08] It is the specific contention of the plaintiff that defendant
vide email dated 03/09/2015, informed the plaintiff to discontinue
their services. The plaintiff has filed said email at Exh.12 on record. On
perusing said email, it appears that defendant had requested to
discontinue the services of the plaintiff for their Delhi office. Further, it
is the contention of the plaintiff that they had already raised invoice on
03/08/2015 for sum of Rs. 3,14,640/- for the period 01/09/2015 to
31/08/2016. The said invoices filed on record vide List Exh.11. Thus,
it appears that as per the terms and conditions of the subscribed Form
at Exh.10, the defendant ought to have given three months notice.
The defendant has given notice on 03/09/2015 to discontinue services
of the plaintiff vide Email at Exh.12. Therefore, plaintiff issued credit
note bearing No.6607, dated 27/01/2016 at Exh.13 for sum of
Rs. 1,16,721/-. Further, after deducting the amount under credit note
on the invoice, the defendant was liable to pay outstanding amount of
Rs. 44,646/- on the invoice dated 03/08/2015.
09] Further, it has come in the evidence of Ms. Shreya Shetty
PW1 that though, the defendant continued receiving services for other
ID, the defendant failed to pay the dues of earlier ID which got carried
forward from year to year. Therefore, plaintiff raised invoice dated
01/08/2019, bearing No. C/3581/19-20 upon defendant for the period
01/09/2019 to 31/08/2020 for amount of Rs. 1,62,840/-. The said
invoices filed on record at Exh.14. Thereafter, the defendant vide email
dated 08/08/2019 requested the plaintiff to discontinue the service.
The defendant requested the plaintiff to consider its case as a special
case and assured to pay for the 90 days period from the date of
termination of notice i.e. 08/08/2019. The said email is filed on record
vide Exh. 15. On perusing said email, it appears that the defendant had
requested to discontinue the services of the plaintiff. The plaintiff after
considering the request of the defendant and its assurance the plaintiff
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issued credit note No. 19873 dated 12/09/2019 at Exh.16 to the
defendant on invoice dated 01/08/2019 for period from 07/11/2019
to 31/08/2020 for amount of Rs. 1,32,986/-. Thus, after deducting the
amount under credit note on the invoice, the defendant was liable to
pay outstanding amount of Rs.29,854/- on the invoice dated
01/08/2019. The defendant failed to pay an amount of Rs. 44,646/-
for earlier ID and Rs. 29,854/- for subsequent ID total amounting to
Rs. 74,500/-. Therefore, plaintiff issued legal notice dated 09/05/2020
through advocate and called upon the defendant to make the payment
of outstanding amount with interest. The said legal notice is filed on
record at Exh.17. Further, the defendant failed and neglected to pay
the outstanding amount with interest.
10] Further, it is the contention of the plaintiff that if amount
is not paid within 30 days from the date of invoice, the plaintiff is
entitled for interest at the rate of 18% p.a. Thus, the plaintiff has
claimed principal amount of Rs. 74,500/- with interest at the rate of
18% p.a. from the defendant. The plaintiff has filed extract of ledger
account on record vide List Exh.6/9, however, it is not supported by
certificate u/s. 65B (4) of the Indian Evidence Act. Therefore, it is not
proved and cannot be read in evidence. The defendant has not
appeared in the matter and contested it. Therefore, the evidence of the
plaintiff has remained unchallenged. The plaintiff has proved on the
basis of documentary evidence i.e. Subscription Form at Exh.10,
Invoice at Exh.11, 14 and emails of the defendant at Exh.12 and 15
that after giving deduction of the credit amount, the defendant is liable
to pay balance amount of Rs.74,500/- and interest amount of
Rs. 11,175/- at the rate of 18% p.a., total amount of Rs.85,675/-
including interest as on 30/06/2020 from the defendant.
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11] So far as further interest is concerned, plaintiff has
claimed interest at the rate of 18% p.a. on the basis of terms in the
invoice. However, I am of the view that the same is excessive as
compared to the rate of interest of Nationalized Banks. Therefore,
having regard to the provision of section 34 of the Civil Procedure
Code, I am of the view that granting the further interest at the rate of
7% p.a. on the balance amount from the date of filing of suit would be
just, proper and reasonable. Hence, I hold that the plaintiff is entitled
to interest at the rate of 7% p.a. on the balance amount, from the date
of filing the suit till its full realization and hence, I answer point No. 1
partly in affirmative. In the result, in answer to point No. 2, I proceed
to pass the following order.
O R D E R
1) Summary Suit No. 626 of 2021 is hereby partly decreed with
costs.
2) The defendant shall pay an amount of Rs.74,500/- (Rupees
Seventy Four Thousand Five Hundred only) to the plaintiff.
3) The defendant shall pay to the plaintiff interest at the rate of
18% p.a. on Rs.74,500/- from 01/09/2019, till the date of filing of
suit and thereafter at the rate of 7% p.a simple interest on amount of
Rs.74,500/- till its realization.
4) The plaintiff is entitled to get refund of the court-fees provided
for, if any as per Rules.
5) The decree be drawn up accordingly.
(Sangram S.Shinde)
Ad-hoc Judge,
City Civil Court, Mazgaon, Mumbai.
Dated: 26/02/2026 C.R.No.81
Dictated on: 26/02/2026
Corrected & signed on: 04/03/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
04/03/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 26/02/2026
JUDGMENT/ORDER signed by P. O. on 04/03/2026
JUDGMENT/ORDER uploaded on 04/03/2026
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