Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010044922019
Filed on : 18/04/2019
Registered on : 17/06/2019
Decided on : 04/01/2021
Duration : Year 1 Month-08 Days-17
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 605 OF 2019
Exhibit-15
Joitaram Hiraji Patel
Son of Hiraji L. Patel, aged 41 years
Occupation:- Business, carrying on business
under name and style of ‘ Montex Metals
(INDIA]” AT 94/100, 2nd Floor, R. N. 15A, Maruti
Mandir Marg, 5 th Kumbharwada,
Mumbai-400 004 (Maharashtra)
Mobile No.:098695 36183
Telphone No.: (002)-66394022
Email: montexmetals@gmail.com ….Plaintiff
V/s.
(1) Arrdy Engineering Innovations Private
Limited (Formerly known as Ardee Technologies
Private Limited) A Private Limited Company
(2) Goda Surya Narayan
Full name not known, adult, age: not known
Occupation: Business/Managing Director
(3)Sunanda Goda
Full name not known, adult, age: not known
Occupation: Business/Director
All the defendants commonly at Corporate
Office of the defendant no.1 Company viz.,
Aardy Engineering Innovations Private Limited
at BB/8, Civil Township
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Rourkela-769 004(Odisha)
Telephone No. :0661-2401464
Fax No.:0661-2900938
Email: ardeetechnologies.in and
gs.narayan@arrdy.com ... Defendants
SUIT FOR RECOVERY OF RS.1,05,214.30 ps
Appearance:-
Adv. Mr. Tripathi for the Plaintiff.
Exparte against Defendants.
CORAM :- HER HONOUR JUDGE
SMT. SABIHA. G. SHAIKH
JUDGE,CITY CIVIL COURT,
GR.MUMBAI (C.R.NO.59)
DATE :- 04/01/2021
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. Plaintiff is carrying business of stockiest and dealer in
“Stainless Steel material like Pipe/ Plate/ Round etc. material and all
Ferrous and Non Ferrous metals. The defendant no.1 is a company and
defendant nos.2 and 3 are directors. Defendants are engaged in
business of measurements solution for the metallurgical industry
including iron and steel. In pursuance of the purchase order during the
period 06.09.2014 to 07.12.2016 of defendants the plaintiff sold
dispatched and delivered S.S.Pipe materials. The tax invoices and goods
were duly received and acknowledged by the defendants. The
defendants have made part payments of the goods received by them
and failed to pay principal amount of Rs.69,006/-. The defendants have
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acknowledged due payment amount payable to the plaintiff vide
18.11.2017. It is the case of the plaintiff that inspite of various
remainders and receipt of notice, defendants have failed to repay the
amount. According to the plaintiff as on the date of suit defendants are
liable to pay Rs.2,99,999/-. Hence, plaintiff is constrained to file the
suit for recovery of the said amount. Plaintiff has claimed further
interest on principal amount of Rs. 69,006/-.
3. The suit summons were duly served on the defendants, but
they failed to appear. Hence, suit is posted for judgment as per order
XXXVII Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
Sr. No. POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate
of interest?
Rs.1,05,214/-
and 18% interest
on Principal
amount of Rs.
69,006/-
2. What order and decree? As per final order.
REASONS
5. The witness – Joitaram Hiraji Patel - plaintiff has filed his affidavit
at Exhibit -5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit-8 Tax Invoice No. 4391 Dated.07.12.2016
Exhibit-9 Cash memo No.2003 Dated 07.12.2016
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Exhibit-10 Delivery Challan Dated 07.12.2016
Exhibit-11 Confirmation of Accounts Dated 01.04.2016
Dated 01.04.2017
Dated 01.04.2018
Exhibit -12 Defendant’s letter Dated 18.11.2017
Exhibit-13 Demand Notice Dated 25.10.2018
As to Point No.1
6. All the documents produced by the plaintiff at Exhibits- 8,
9, 10, 11, 12 and 13 goes to establish that plaintiff has delivered total
goods of Rs.2,56,996.75/- to defendants. The documents further prove
that the amount of Rs.1,05,214.30/- is due and payable to the plaintiff
company from defendants towards the purchase of goods. But,
defendants failed to pay balance amount of Rs.69,006/- towards
purchase of goods. The documents at list Exhibit – 8 to Exhibit-13 goes
to establish that defendants are liable to pay Rs.1,05,214.30/- to the
plaintiff on the date of filing of the suit towards the purchase of goods
and therefore the defendant have failed and neglected to pay balance
amount. In this background, it is held that plaintiff is entitle to recover
sum of Rs.1,05,214.30 from the defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 18% per annum, if the transaction is commercial
and there is no contract pertaining to the same between the parties. In
the present case the transaction is a commercial one and there is no
express contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 18% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
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amount of Rs.69,006/-. Hence, point no.1 is answered in the
affirmative.
As to point no.2:-
8. In view of discussion and finding on point no.1 it is held
that plaintiff is entitled to recover Rs.1,05,214.30 from the defendants.
The plaintiff is also entitled to recover the interest at the rate of Rs.18%
per annum on the principal amount of Rs.69,006/- from the date of
filing of the suit till its realization. Plaintiff is also entitled to recover
cost of the suit from defendants. Hence, in answered to point no.2 and
I proceed to pass the following order.
ORDER
1. The defendants No.1 to 3 shall jointly and severally pay
Rs.1,05,214.30 (Rupees One Lakh, Five Thousand, Two Hundred
Fourteen and Thirty Paise only) to the plaintiff and they shall
further pay with interest at the rate of 18% per annum on the
principal amount of Rs. 69,006/- from the date of filing of the
suit till its realization.
2. Defendants No. 1 to 3 do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Judge City Civil Court,
Gr. Bombay
Date :- 04.01.2021
Dictated on :04.01.2021
Typed on :04.01.2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
05.01.2021 11.00 a.m Mayuresh P. Tathe
Name of the Judge H.H.J. Smt. S. G. Shaikh.
City Civil Judge, Gr. Mumbai
(Court Room No.59)
Date of pronouncement of Order 04.01.2021
Order signed by P.O. on 05.01.2021
Order uploaded on 05.01.2021
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