Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 05.04.2018
Registered on 04.06.2018
Decided on 15.01.2019
Duration Yrs. M. Days
07 11
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.554 OF 2018
M/s. Chetana Book Depot,
a partnership firm, having its registered
office at 4th Floor, 'B' Wing, Building 'E'
Trade Link, Kamla City, Above Bombay
Canteen, Lower Parel, Mumbai400 013. ...Plaintiff.
V/s.
1. K.N.T. Public School,
Plot No.36, Radha Nagar, Near Ganesh
Temple, Titwala (E), Dist.Thane421605.
2. Mr.Satish Tiwari, an adult, age not
known, Plot No.36, Radha Nagar, Near
Ganesh Temple, Titwala (E), Dist.Thane –
421605. ...Defendants.
Appearances:
Ld. Adv Mr.Sudhakar G. Lakhani for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 15th January,2019
J U D G M E N T
(Exparty)
This is a suit for recovery of Rs.2,19,758/ with interest.
MHCC01-004511-2018
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2. In short, plaintiff came with a case that, plaintiff is a partnership
firm registered under the Indian Partnership Act,1932 having their
place of business at the address mentioned in the cause title of plaint.
Defendant No.1 is a school and defendant No.2 is the trustee of
defendant No.1 having their address as mentioned in the title cause of
plaint.
3. Plaintiff submitted that, pursuant to the order placed by
defendants from time to time for supply of educational books, plaintiff
sold, supplied and delivered to defendant the educations books through
their tempo during the period from May,2016 to October,2016 for an
aggregate amount of Rs.6,04,829/ as per their requirement.
Accordingly plaintiff raised invoices for the books being sold, supplied
and delivered to defendants. The said invoices interalia provide the
interest @ 18% per annum if payment is is not made within 30 days
from the date of invoices. Defendants have made part payment of
Rs.4,00,000/ and have also returned the goods worth Rs.38,861/.
However, defendants have failed to make payment of Rs.1,65,968/ in
respect of invoice No.5116.01 dt.03.05.2016 (Rs.1,59,884) and invoice
No.21122.01 dt.08.10.2016 (Rs.2,06,003/). In spite of repeated
requests and demands, defendants have failed and neglected to make
payment of Rs.1,65,968/. Therefore, plaintiff through Advocate issued
notice dt.02.12.2017 and called upon defendants to payment of
Rs.2,07,301/. However, defendants failed and neglected to make
payment of the same. Therefore, plaintiff filed this suit for recovery of
outstanding amount against defendant.
4. Writ of summons was issued against defendants. It was served
upon defendant and plaintiff filed service affidavit at Exh.2. In spite of
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service of notice none appeared on behalf of defendants to contest the
suit. Therefore, suit proceeded exparte against defendants.
5. For proving claim plaintiff has tendered chiefinaffidavit of its
Constituted Attorney Mr.Shaji Jone at Exh.3 and filed compilation of
documents at Exh.4 and proved the documents – Invoice
No.16/5116.01 dt.03.05.2016 for Rs.2,06,003/ (Exh.5), Invoice
No.16/21122.01 dt.08.10.2016 for Rs.6,084/ (Exh.6) and copy of
notice dt.02.12.2017 (Exh.7).
6. Heard learned Advocate for plaintiff. Perused the record and
submissions.
7. From the documents/invoices produced and proved by plaintiff it
is clear that plaintiff sold and delivered the goods/books to defendants
and defendants accepted the same without any objection about quality,
quantity and price of the goods. During the course of business
defendant has returned the goods worth Rs.38,861/ and also made
part payment of Rs.4,00,000/, which is admitted by plaintiff, which
also shows that, there were transactions between plaintiff and
defendant. It is also proved from the record that, defendant was
outstanding the amount payable to plaintiff when he paid part
payment. Nothing brought on record by defendants to prove that, goods
were not received by them and amount was not outstanding against
them. Therefore, I have no hesitation to hold that, defendants are due
and payable the outstanding amount, as claimed by plaintiff.
8. To rebut the claim of plaintiff, none appeared on behalf of
defendants. Therefore, claim of plaintiff is remain unchallenged and
unrebutted. The documents produced and proved by plaintiff are
remain uncontroverted. Therefore, suit filed by plaintiff for recovery
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under O.XXXVII R.2 of C.P.C. needs to be accepted. Therefore, I hold
that, defendants are due and payable the outstanding amount as
claimed by plaintiff.
9. Being the commercial transaction between the parties, defendant
is liable to pay interest @ 18% per annum on the outstanding amount,
as claimed by plaintiff. In spite of reminders, request and demand
notice, defendant has not paid the amount to plaintiff, which forced
plaintiff to file this suit. Therefore, costs of this suit needs to be saddled
upon defendants.
10. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendants jointly and severally do pay Rs.2,19,758/
with interest @ 18% per annum on Rs.1,65,968/ from
the date of filing of this suit till realization of entire
decreetal amount.
3. Defendants jointly and severally do bear their own costs
with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 15/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 15.01.2019
Transcribed on : 15.01.2019
Signed on : 15.01.2019 kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.01.2019 at 5.13 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 15.01.2019
Judgment/order signed by P.O. on 15.01.2019
Judgment/order uploaded on 15.01.2019
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