Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010044942019
Filed on :20.04.2019
Registered On:17.06.2019
Decided on :29.01.2021
Duration :Y-01/M-09/D-09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.608 OF 2019
Exhibit- 14
Jeevandeep Edumedia Pvt. Ltd.
Having registered Office at Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Assistant Manager Legal
Ms. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1.Mr. Nivrutti Bitale
Age : Not Known, Occup: Business
(Founder) Devgiri Public School
At : Bhutegaon-431 209
Tal: Ghansawangi
Dist: Jalna, Maharashtra
2.Devgiri Public School
At : Bhutegaon-431 209
Tal: Ghansawangi
Dist: Jalna, Maharashtra ... Defendants
SUIT FOR RECOVERY OF RS.2,40,841/-
Appearance:-
Adv. Mr. Hetal Vakil for the plaintiff.
Exparte against Defendants.
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CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 29/01/2021
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. The Plaintiff is a private limited company under the
Companies Act doing business as educational publishers. Pursuant to
defendant verbal and purchase orders from time to time, plaintiff sold
supplied and delivered to defendants said goods through delivery
challans from time to time which were acknowledged by defendants
without any protest for quality, quantity till date. In due course of
business plaintiff raised various invoices upon defendants of said goods
of sum of Rs.1,92,231/-. After lot of persuasion and follow up
defendants failed to make payment and Credit Note was raised upon
defendants vide Credit Note No. PR64177 dated 25.10.2016 for the sum
of Rs.3,375/- Credit Note No.PD72158 dated 21.12.2017 for the sum of
Rs.15,200/-, last payment was received by Cheque dated 11.01.2019 for
the sum of Rs.70,000/- which on encashment was dishonoured, where
debit note was raised by the bankers on the plaintiff, thereafter, plaintiff
raised sales debit note on the defendants, in aggregate for the sum of
Rs.18,575/-. As per the plaintiff’s Sales Ledger now a sum of
Rs.1,73,656/- is due and payable by defendants to plaintiff. The
defendants failed to pay the total sum of Rs.1,73,656/- inspite of
various requests made by the plaintiff and receipt of legal notice dated
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23.08.2018. According to the plaintiff defendants are liable to pay
amount of Rs.2,40,841/- on the date of the filing of the suit. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.2,40,841/-.
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
defendants to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.2,40,841/- with
interest
@ 18 % per annum
on principal amount
of Rs.1,73,656/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
7 (Colly) Copy of Board Resolution
Copy of Board Resolution
25.02.2019
03.02.2020
8 (colly) Original purchase order
Original purchase order
04.07.2017
16.07.2017
9 (colly) Original L. R. No. 673
Original L. R. No.1143
10.07.2017
14.07.2017
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Exhibit.
No.
Description of documents Date
10 (colly) Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
22.04.2016
22.04.2016
13.07.2016
21.07.2016
22.07.2016
30.07.2016
11.07.2017
15.07.2017
26.07.2017
11 (colly) Office copy of credit note
Office copy of credit note
25.10.2016
21.12.2017
12 Office Copy of Notice 23.08.2018
13 Original Postal Receipt 23.08.2018
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-8
to 13 go to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.1,73,656/- is due
and payable to the plaintiff company from defendant towards delivered
of goods. But, defendants failed to pay total amount of Rs.1,73,656/-
towards purchase of goods. The documents at list Exhibit 8 to 13 go to
establish that defendants are liable to pay Rs.2,40,841/- to the plaintiff
on the date of filing of the suit towards the purchase of goods and
therefore the defendants are avoid to pay the balance amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.2,40,841/- 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 6% per annum, if the transaction is commercial and
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there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is contract
existing between the parties as to the rate of interest which shall be
levied. Therefore, 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.2,40,841/-. 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 the plaintiff is entitled to recover Rs.2,40,841/- from the
defendants with interest on Rs.1,73,656/- at the rate of 18% per annum
from the date of filing of the suit till its realization. Plaintiff is also
entitled to recover cost of the suit from the defendants. Hence, in
answered to point no.2, I proceed to pass the following order.
ORDER
1. The defendants shall pay Rs.2,40,841 (Rs. Two Lakhs
Forty Thousand Eight Hundred Forty One Only) to the
plaintiff and defendants shall also pay with interest
on principal amount of Rs.1,73,656/- at the rate of
18% per annum from the date of filing of the suit till
its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date :29/01/2021 Gr. Bombay
Dictated on : 29/01/2021
Typed on : 29/01/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30.01.2021 10.45 a.m ( M.P Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
29.01.2021
JUDGMENT/ORDER signed by
P.O.on
29.01.2021
JUDGMENT/ORDER uploaded on 30.01.2021
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