Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010044982020
Presented on : 09102020
Registered on : 18012021
Decided on : 26042021
Duration : Y0 M6 D17
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO.11 OF 2021
Messrs. Krishna Metal Corporation ]
Through its Proprietor, ]
Mr. Kapuraram M. Rajpurohit, ]
Age28 years Occ.Business ]
having office at 119/123 Vyas Sadan, Ground ]
floor Shop No.4, Dr. M.G. Mahimutra Marg, ]
3rd Kumbharwada Lane, Mumabi400 004. ]....Plaintiff
V/s
1. Messrs. MBS Pumps Private Ltd. ]
a company incorporated under the Companies ]
Act, 1956 having its office at No.18 ]
Mahatma Ghandhi Road, S.I.H.S. Colony, ]
Nethajipuram, Neelikonampalayam, Post ]
Coimbatore641 033, T.N. ]
2. Shri Coimbatore Govindarajulu Murlidharan]
Director of Messrs. MBS Pumps Private Ltd. ]
No.18, Mahatma Ghandhi Road,S.I.H.S. Colony]
Nethajipuram, Neelikonampalayam, Post ]
Coimbatore641 033, T.N. ]
3. Shri Sarangapani Saravanraja, ]
Director of Messrs. MBS Pumps Private Ltd. ]
No.18, Mahatma Ghandhi Road, S.I.H.S. Colony]
Nethajipuram, Neelikonampalayam, Post ]
Coimbatore641 033, T.N. ]
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[4.Shri Jabar Sithik ]
[ Director of Messrs. MBS Pumps Private Ltd. ] (Since deceased
[ No.18, Mahatma Ghandhi Road, S.I.H.S. Colony] deleted as per
[ Nethajipuram, Neelikonampalayam, Post ] Order dated
[ Coimbatore641 033, T.N. ] 18.02.2021)
5. Shri Natesan Appaji Nagarajan, ]
Director of Messrs. MBS Pumps Private Ltd. ]
No.18,Mahatma Ghandhi Road, S.I.H.S. Colony]
Nethajipuram, Neelikonampalayam, Post ]
Coimbatore641 033, T.N. ].....Defendants
APPEARANCE:
Ld. Adv. Mrs. Hasmita D. Kapadia for plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 26th April, 2021.
Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree
directing the defendants to pay to the plaintiff a sum of Rs.3,23,955/
(Rupees Three Lakhs Twenty Three Thousand Nine Hundred Fifty Five
Only). The plaintiff also had prayed for interest on amount of
Rs.2,18,889/ (Rupees Two Lakhs Eighteen Thousand Eight Hundred
and Eighty Nine Only) at the rate of 24% per annum from the date of
filing of the suit till realization.
2. The facts giving rise to the suit in short can be stated as
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follows:
It is the case of the plaintiff that the plaintiff had supplied
various goods of metals to the defendants in pursuance to the various
orders and order dated 05.10.2017 for Rs.2,18,889/ under Tax invoice
No.051/1718 dated 09.10.2017 was delivered through Sri.Balaji
Roadlines (Regd.) vide L.R. No.3829315 and Delivery Challen
No.051/1718 dated 09.10.2017. The amount of Rs.2,22,709/ was
due towards the defendants as per ledger statement dated 01.04.2018
to 31.03.2019. The defendants had issued cheques bearing No.512468
dated 30.11.2017 for Rs.2,18,889/ and cheque No.959018 dated
03.01.2018 for Rs.25,000/. The cheques on presentation were
dishonoured. The plaintiff, therefore, had issued notice through its
Advocate dated 13.03.2018. The defendants assured to make payment.
The defendants paid cash amount of Rs.25,000/ as part payment of
Rs.2,72,709/ on 10.05.2018 and Rs.25,000/ on 10.05.2018 by RTGS,
out of balance of Rs.2,22,709/ . The plaintiff again issued Notice
through its Advocate on 18.09.2019. The notice was received by the
defendants and was not replied.
The plaintiff, therefore, had instituted the present suit for
recovery of amount Rs.3,23,955/(Rupees Three Lakhs Twenty Three
Thousand Nine Hundred Fifty Five Only). The plaintiff also had prayed
for interest on amount Rs.2,18,889/ at the rate of 24% per annum
from the date of filing of the suit till realization.
3. The defendants though served with writ of summons had
failed to appear in the suit. The suit proceeded exparte against
defendants.
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4. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of amount of Rs.3,23,955/
(Rupees Three Lakhs Twenty Three
Thousand Nine Hundred Fifty Five Only)
and interest on amount of Rs.2,18,889/
at the rate of 24% per annum from the
date of filing of the suit till realization?
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
5. Heard learned Advocate Mrs. Hasmita D. Kapadia for the
plaintiff.
6. The plaintiff in support of its case had examined PW No.1
Kapuraram M. Rajpurohit, the Proprietor of M/s. Krishna Metal
Corporation at Exh.04. The plaintiff had relied upon following
documents (Exh.05):
Sr.
No.
Particulars Exh
1 Copy of Purchase order dated 05.10.2017
Annexure 1
6
2 Copy of defendants Email dated 05.10.2017
Annexure 1a
7
3 Certificate under Section 65B of Indian Evidence
Act, Annexure2
8
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4 Copy of Tax Invoice No.051/1718 dated 09.0.2017
for Rs.2,18,889/ Annexure3
9
5 L.R.No.3829315, Annexure 4 10
6 Delivery Challan No.051/1718 dated 09.10.2017
Annexure 5
11
7 Copy of Ledger statement of plaintiff
Annexure 6
12
8 Copy of Ledger Statement of Plaintiff.
Annexure 6a
13
9 Original Cheque dated 30.11.2017 for Rs.2,18,889/
Annexure7
14
10 Original Cheque dated 03.01.2018 for Rs.25000/
Annexure8
15
11 Original Dishonor memo dated 25.02.2018
Annexure9
16
12 Original Dishonor memo dated 15.02.2019
Annexure10
17
13 Record copy of plaintiff's notice through its Advocate
dated 13.03.2018 addressed to the defendants along
with acknowledgement
Annexure11
18
14 Record copy of plaintiff's final notice through its
Advocate dated 18.09.2019 along with
acknowledgement. Annexure12
19
7. The plaintiff had annexed the copy of tax invoices Exh.09.
The plaintiff had also relied upon purchase order dated 05.10.2017
Exh.06, copy of email by the defendants dated 05.10.2017 Exh.07. The
plaintiff had relied upon Delivery Challan No.051/1718 dated
09.10.2017 Exh.11 and L.R. No.3829315 Exh.10. The ledger statement
of the plaintiff Exh.12 shows that the defendants were due for payment
of Rs.2,72,709/. The plaintiff further deposed that cheques bearing
No.512468 dated 30.11.2017 for Rs.2,18,889/ and cheque No.959018
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dated 03.01.2018 for Rs.25,000/on presentation were dishonoured.
The plaintiff had filed dishonour memos dated 25.02.2018 and
15.02.2019 Exh.16 and Exh.17.
8. The evidence of the witness for the plaintiff PW No.1
Kapuraram M. Rajpurohit shows that Rs.50,000/ were paid by the
defendants to the plaintiff. The amount of Rs.25,000/ was paid by
cash as part payment of Rs.2,72,709/ on 10.05.2018 and Rs.25,000/
on 10.05.2018 by RTGS.
9. The evidence of the witness for the plaintiff PW No.1
Kapuraram M. Rajpurohit shows that defendants had acknowledged the
outstanding amount and therefore had made part payment. The
plaintiff had relied upon tax invoice Exh.09. The tax invoice Exh.09
points out that the interest at the rate 24% per annum would be
charged if the payment is not made within due date. The evidence of
the plaintiff clearly shows that the transaction was made with the
defendants in respect of supply of goods of metals and part payment.
The evidence of the plaintiff clearly shows that the defendants are in
arrears of Rs.2,72,709/. The evidence of the plaintiff also shows that
agreed rate of interest was 24% per annum after the due date.
10. The defendants had abstained from appearing in the suit
and an inference adverse against defendants needs to be drawn that
they did not have any case to counter the allegations of the plaintiff in
the plaint. The evidence of the plaintiff have gone unchallenged.
Considering the evidence, the defendants needs to be
directed to pay to the plaintiff a sum of Rs.3,23,955/ (Rupees Three
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Lakhs Twenty Three Thousand Nine Hundred and Fifty Five Only).
The defendants further needs be directed to pay to the plaintiff the
interest at the rate of 24% per annum on amount of Rs.2,18,889/
(Rupees Two Lakhs Eighteen Thousand Eight Hundred and Eighty Nine
Only) from the date of filing of the suit till its realization. I answered
point No.1 “in Affirmative.”
In the result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff a sum of
Rs.3,23,955/ (Rupees Three Lakhs Twenty Three Thousand Nine
Hundred and Fifty Five Only). The defendants are directed to pay to
the plaintiff the interest at the rate of 24% per annum on amount of
Rs.2,18,889/ (Rupees Two Lakhs Eighteen Thousand Eight Hundred
and Eighty Nine Only) from the date of filing of the suit till its
realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date:26.04.2021 Gr.Bombay at Mumbai.
Dictated on : 26.04.2021
Transcribed on : 28.04.2021
Signed by H.H.J.on : 30.04.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.04.2021 at 1.55 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
26.04.2021
Judgment/order signed by P.O. on 30.04.2021
Judgment/order uploaded on 30.04.2021
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