Final Order 1

Order Details: Copy of Judgment
Pdf Text: Suit No.597 of 2021
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Judgment
MHCC010044812020 Presented on : 17.10.2020
Registered on : 06.08.2021
Decided on : 07.05.2026
Duration : 05 Y : 06 M : 20 D
Exhibit : 11
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.597 OF 2021
Mr. Satish Sharnappa Dange,
Adult, Age 38 years, Indian Inhabitant,
Occ. : Service, R/a. A1-102, Gundecha Trillium,
Thakur Village, Kandivali (E),
Mumbai – 400 101.
...Plaintiff
VERSUS
Smart Cirqls InfoTech Pvt. Ltd.
A Company registered under the Companies Act,
Having its office at 1206, 12th Floor, Marathon
Nextgen Icon, Off. G. K. Marg, Lower Parel (W),
Mumbai – 400 013.
…Defendant.
Appearances:
Adv. Hritik Phapale : For plaintiff.
Adv. Kyle Curry : for Defendant.
CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 7th May, 2026
J U D G M E N T
This is a suit under order Order XXXVII, Rule.2 of C.P.C for
unpaid Sales Commission of Rs.16,72,448.04 with 18% p.a on the basis
of liquidated demand.
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2. The brief facts necessary to decide the suit is that:
He is B.E (Civil) and in IT profession for the last 16 years.
The defendant is a company registered under the Companies Act and is
in the business of sale and service related to Information Technology
Software having clients all over India. He was appointed by defendant
on the post of Sales Director on an annual package of Rs.28,00,000/-.
In addition to annual package defendant agreed to pay commission on
sales at certain percentage. As per the agreed terms he was submitting
statement of Sales Commission for each quarterly. By letter dated
04.06.2019 defendant appreciated his hard work and dedication and
also announced increment of Rs.1,40,000/- on the existing salary.
3. It is his further case that, for the financial year ending on
31.03.2018, defendant did not pay commission on sales on the pretext
of paying the same together for financial year 2018-2019 in 2019. The
commission for the period between November, 2017 to March, 2019
amounting to Rs.9,41,799/- was not released. After several emails and
reminders, it was paid in installments. The commission for financial
year 2017-18 amounting to Rs.2,08,058/- was finally paid on
06.01.2020. However, the commission amount for period of April, 2019
to December, 2019 was due and payable which was demanded by
sending several emails. As it was not paid, he gave notice of resignation
dated 04.02.2020 which was accepted. He received email dated
17.02.2020 from the Vice President of defendant alongwith Excel sheet
attached determining the commission @ 6% of the Profit After Tax
(PAT) on additional 77% sales effected by him.
4. It is his further case that as per the statement of defendant
he is entitled to receive Rs.16,72,448.04/- as Sales Commission. It was
demanded from time to time by various emails. Hence, on 07.05.2020
legal notice was issued demanding the outstanding Sales Commission
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Judgment
which was falsely replied. Again rejoinder letter was sent through
advocate on 25.05.2020. Rejoinder to it was again sent. However, as the
amount was not paid, suit came to be filed.
5. Pursuant to issuance of writ of summons, defendant
appeared. Thereafter, plaintiff filed SJ No.300/2022 to which
reply/leave to defend was filed. The SJ was disposed of on 31.01.2026
wherein conditional leave to defend the suit was granted subject to
deposit of Rs.16,72,448.04 within one month. However, defendant
failed to comply it.
6. Heard Adv. Manthan Birje for plaintiff who submitted that
non-compliance of order passed in SJ No.300/2022 wherein defendant
failed to deposit the amount of Rs.16,72,448.04 as a condition to
defend the suit, therefore, the plaintiff is entitled for the judgment
forthwith as per R.3 (6) (b) of Order XXXVII of C.P.C. Gone through the
original documents and the order passed in SJ No.300/2022 on
31.01.2026. While deciding the same, conditional leave was granted to
defendant subject to depositing Rs.16,72,448.04. However, the same is
not complied with till today. If not complied, then as per R.3 (6) (b) of
Order XXXVII C.P.C the plaintiff is entitled for judgment forthwith.
7. Therefore, nothing remains to discuss further, but to follow
the mandate of Order XXXVII R.3 (6) (b) of C.P.C. Therefore, plaintiff is
entitled to recover an amount of Rs.16,72,448.04 (rounded as
Rs.16,72,448/-) with 9% p.a. In the result, I proceed to pass following
order.
ORDER
1. The Suit No.597 of 2021 is decreed.
2. The defendant is directed to pay plaintiff an amount of
Rs.16,72,448.04 (rounded as Rs.16,72,448/-) (Rs. Sixteen Lacs
Seventy Two Thousands Four Hundred and Forty Eight Only)
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with 9% p.a from the date of filing of the suit till realization.
3. The decree be drawn up accordingly.
4. The court fees be refunded as per rules.
5. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:07.05.2026. City Civil Court, Mazgaon,
MUMBAI
Dictated on : 07.05.2026
Transcribed on : 07.05.2026
checked on : 07.05.2026
Signed on : 07.05.2026.
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.05.2026 at 5.45 p.m.
UPLOAD DATE AND TIME
(Mrs. Manisha Srinath)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
07.05.2026
Judgment/order signed by P.O. on 07.05.2026
Judgment/order uploaded on 07.05.2026
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