Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010044932019
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. 606 OF 2019
Exhibit-20
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
-- 1 of 7 --
Summ. Suit No.606/2019
2
All the defendants commonly at Corporate
Office of the defendant no.1 Company viz.,
Aardy Engineering Innovations Private Limited
at BB/8, Civil Township
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.2,99,999/-
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 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 metallurgical industry including iron and steel.
In pursuance of the purchase order during the period 06.09.2014 to
-- 2 of 7 --
Summ. Suit No.606/2019
3
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.1,87,950.75. The defendants have 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.
1,87,950.75.
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.2,99,999/-
and 18% interest
on Principal
amount of Rs.
1,87,975.75
2. What order and decree? As per final order.
-- 3 of 7 --
Summ. Suit No.606/2019
4
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.3531/15-16 Dated.02.12.2015
Exhibit-9 Transportation Bill Dated 04.12.2015
Exhibit-10 Challan No.3531/2015/16 Dated 02.12.2015
Exhibit-11 Tax Invoice No. 4252/16/17 Dated 30.09.2016
Exhibit-12 Challan No. 4252/16/17 Dated 30.09.2016
Exhibit-13 Tax invoice No.4296/16/17 Dated 15/10/2016
Exhibit-14 Challan No.4296/16/17 Dated 15/10/2016
Exhibit-15 Tax invoice No.4380/16/17 Dated 01/12/2016
Exhibit-16 Cash Memo Dated 01/12/2016
Exhibit-17 Challan No. 4380/16/17 Dated 01/12/2016
Exhibit-18 Letter of Defendants Dated 18.11.2017
Exhibit -19 Notice to defendants Dated 01.08.2018
AS TO POINT NO.1
6. All the documents produced by the plaintiff at Exhibits-8 to
Exhibit 19 goes to establish that plaintiff has delivered total goods of
Rs.2,56,996.75/- to defendant. The documents further prove that the
amount of Rs.2,99,999/- is due and payable to the plaintiff company
from defendants towards the purchase of goods. But, defendants failed
to pay balance amount of Rs.1,87,950.75 towards purchase of goods.
The documents at list Exhibit– 8 to Exhibit-19 goes to establish that
defendant is liable to pay Rs.2,99,999/- to the plaintiff on the date of
filing of the suit towards the purchase of goods and therefore the
-- 4 of 7 --
Summ. Suit No.606/2019
5
defendant have failed and neglected to pay balance amount. In this
background, it is held that plaintiff is entitle to recover sum of
Rs.2,99,999/- from the defendant.
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.
amount of Rs.1,87,950.75/-. 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.2,99,999/- from the defendant. The
plaintiff is also entitled to recover the interest at the rate of Rs.18% per
annum on the principal amount of Rs. 1,87,950.75 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 I
proceed to pass the following order :
: ORDER:
1. The defendants No.1 to 3 shall jointly and severally pay
Rs.2,99,999/- (Rupees Two Lakhs, Ninty Nine Thousand, Nine
Hundred Ninety Nine only) to the plaintiff and they shall
further pay with interest at the rate of 18% per annum on the
-- 5 of 7 --
Summ. Suit No.606/2019
6
principal amount of Rs. 1,87,950.75 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 :
-- 6 of 7 --
Summ. Suit No.606/2019
7
“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
-- 7 of 7 --