Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.1102021
MHCC010045132018
Presented on : 05.04.2018.
Registered on : 12.06.2018.
Decided on : 06.05.2022
Duration : Y3. M10. D24
IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI
COMMERCIAL SUIT NO. 110 OF 2021
(OLD SUMMARY SUIT No.592 OF 2018)
(OLD COMMERCIAL SUIT NO.171 OF 2020)
M/s. Indian Power Laundry Pvt. Ltd. ]
Through its director, ]
Abhay Ganpat Rawool ]
Age: 56 years, Occu: Business, ]
Indian Inhabitant of Mumbai ]
Having registered office at D.S.I.S. ]
Compound, Manmala Tank Road ]
Gate, Mahim, Mumbai400 016. ]......Plaintiff
V/s
Shri. Sanjay G. Shah ]
Proprietor of M/s. Aram Service ]
Adult, Occu.: Business ]
Indian Inhabitant ]
Residing at : Sharda Sadan, ]
Near Alankar Cinema, ]
Opp. Surat Railway Station ]
Surat 395 003 ]......Defendant
APPEARANCE:
Adv. B. R. Patil h/f Adv. A. D. Thakur for the plaintiff.
Defendant – Exparte
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2 Comm.SU No.1102021
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 6th May, 2022
EXPARTE JUDGMENT
This is commercial suit for recovery of service charges from the
defendant against the services rendered by the plaintiff to the
defendant.
In brief, facts of the plaintiff's case are as under :
2. The plaintiff is doing business of laundering of clothes. The
defendant as an agent/contractor of Indian Railways and proprietor of
M/s Aram Services for period from May to August2017 handed over
bed sheets, pillow covers, hand towels, bath towels and blankets of
Pachhim Express to the plaintiff for washing and ironing the same. As
per the defendants orders, time to time the defendant delivered said
clothes to the plaintiff for laundering. Time to time after the laundering
said clothes, the plaintiff handed over it to the defendant at Bandra
Terminals with due satisfaction of the defendant. Accordingly, the
plaintiff has raised bill dated 07.08.2017 for Rs.11,72,744/. Inspite of
repeated demands, the defendant has failed to pay said amount to the
plaintiff and therefore, the plaintiff has filed this suit to recover said
amount.
3. In view of order dated 07.01.2020, suit is proceeded ex
parte against defendant.
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3 Comm.SU No.1102021
4. Heard the learned Advocate for the plaintiff. No argument
of the defendant. Points for determination along with my findings
thereon with reasons are as under:
POINTS FINDINGS
1. Whether the plaintiff proves that it has
rendered services of laundering to the
defendant?
Yes
2. Whether the plaintiff proves that the
defendant has failed to make payment of
Rs.11,72,744/ alongwith interest accrued
thereon against the service rendered by the
plaintiff to the defendant?
Yes
3. Whether the plaintiff is entitled to recover
the amount of Rs.11,72,744/ due and
payable by the defendant to the plaintiff?
Yes
4. If yes, at what rate of interest? 12% p.a.
5. What order and decree? Suit is decreed.
REASONS
AS TO POINTS NOs.1 to 4 :
5. All these points are interlinked with each other hence, they
are taken together for consideration. The plaintiff has examined Abhay
(PW1) at exhibit6. He deposes in support of the plaintiff's claim made
in the plaint. He deposes that as per the demand of the defendant time
to time the plaintiff rendered services of laundry and raised invoice of
Rs.11,72,744/. The invoice No.170058 dated 07.08.2017 at exhibit 12
alongwith delivery challans at exhibit11 colly substantiate the plaintiff's
contention that the plaintiff has rendered services of laundering to the
defendant and raised invoice for the same. The aforesaid invoice shows
that it is in respect of laundering of bed sheets, pillow covers, hand
towels, bath towels and blankets of Pachhim Express. It was in respect
of period from May to August2017. The total amount of invoice is
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4 Comm.SU No.1102021
Rs.11,72,744/. As the defendant has failed to make payment of said
amount, the plaintiff issued demand notice dated 09.11.2017 at exhibit
14, calling upon the defendant to make payment of said amount. The
acknowledgment card attached to the notice shows that the notice is
served upon the defendant. The defendant in spite of service of suit
summons, failed to appear and contest the suit. Hence, the plaintiff's
contentions and evidence in support thereof remains unchallenged.
Same is required to be accepted. Hence, I hold that the plaintiff proves
the claim against the defendant.
6. In the invoice no rate of interest is mentioned for over due
payments. By legal notice at exhibit14 the plaintiff has claimed interest
at the rate of 18% p.a. Considering the nature of transactions, I am of
the view that the plaintiff is entitled to recover said amount with
interest at the rate of 12% p.a.
7. As aforesaid the plaintiff proves that the defendant has
failed to pay amount of Rs.11,72,744/ against the charges of service
rendered by the plaintiff to the defendant. The plaintiff is entitled to
recover said amount from the defendant alongwith interest at the rate
of 12% p.a. Hence, I answer points Nos.1 to 4 accordingly.
AS TO POINT NO.5:
8. In view of aforesaid findings, the suit is liable to be
decreed. In the result, in answer to point No.5, I pass the following
order:
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5 Comm.SU No.1102021
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of
Rs.11,72,744/(Rupees Eleven Lakhs Seventy Two
Thousand Seven Hundred Forty Four Only) alongwith
interest at the rate of 12% p.a. from the date of filing
of the suit till the date of realisation.
3. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 06.05.2022 Mumbai.
Dictated on : 06.05.2022
Typed on : 06.05.2022
Signed by HHJ on : 06.05.2022
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6 Comm.SU No.1102021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.05.2022 at 05.00 p.m.
UPLOAD DATE AND TIME
(Mr. S. V. AMBEKAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
06.05.2022
Judgment/order signed by P.O. on 06.05.2022
Judgment/order uploaded on 06.05.2022
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