Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Presented on :13/02/2018
Decided on :29/01/2020
Duration on : 01Ys.11Ms.16Ds.
CNR No.MHCC010161342019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
COMMERCIAL SUIT NO.33 OF 2019
Anil Leelchand jain, an adult
aged 41 years carrying on business
in fabrics in the name and style of
M/s.Forex Impex having office at
Kothari Height, 1302, 13th floor,
D.B.Marg, Ganjawala Compound,
Mumbai Central9E),Mumbai400 008. ....Plaintiff
V/s
M/s.Aubham Show Light
A firm having its office at 49,
1st floor, Himalaya Complex,
Shakti Bazar, Kota, Rajasthan. ....Defendants
APPEARANCE:
Advocate Rutuja Mahadik for plaintiff.
Advocate for defendant absent.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 29th January, 2020
JUDGMENT
This is the suit for recovery of Rs.6,46,109/ alongwith interest.
2. This is the suit for recovery of amount of Rs.6,46,109/ alongwith
interest at the rate of 18% p.a. The plaintiff. is the proprietor of
M/s.Forex Impex and carrying on business in Lights and electrical
-- 1 of 4 --
2
goods. The defendant is a firm. The plaintiff state that pursuant to the
telephonic orders placed by the defendants, the plaintiffs have sold and
delivered to the defendants LED lights and electrical goods as per the
plaintiff's following invoices.
Bill No. Date Amount
367 09/01/2016 1,42,290/
408 11/03/2016 3,02,230/
376 19/01/2016 1,85,681/
386 04/02/2016 2,04,714/
397 22/02/2016 61,194/
Total............ 8,96,109/
The said goods were delivered to the defendants and the defendants
have admitted the delivery of the said goods and the defendants have
agreed to pay the interest at the rate of 24% p.a. as per the terms
mentioned on the invoices after the credit of 60 days from the date of
the said invoices. The defendant issued C Form in respect of the
delivery of the goods. The defendants took the delivery of the goods
from the office of the plaintiffs and never raised any objection. The
defendants have failed and neglected to pay the amount of the
plaintiffs. The plaintiffs through their Advocate letter dated 23/2/2018.
The said legal notice was received by the defendants on or about
26/2/2016. Therefore, the suit.
3. Writ of summons was issued to the defendants. The service
affidavit is also on record. Inspite of the same, defendant did not appear
in the matter and did not contest the suit. Therefore, the suit is
proceeded exparte against defendant. Affidavit of evidence (Exh7) , List
-- 2 of 4 --
3
of documents (Exh8), Invoice dated 22/2/2016 (Exh9 ),Invoice dated
14/3/2016 (Exh10 ), Invoice dated 4/2/2016 (Exh11 ), Invoice dated
19/1/2016 (Exh12 ), Invoice dated 9/1/2016 (Exh13 ), Central Sales
Tax Certificate (Exh14 ), Notice on 23/2/2018(Exh15 ), Postal receipt
(Exh16 ), Acknowledgement(Exh17 ), Evidence close pursis (Exh18 ).
4. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is proceeded
exparte against defendants. No rebuttal evidence is brought on record
by the defendants to disbelieve the version of the plaintiff to hold that
the amount which is claimed is due and payable to the plaintiff by the
defendants with interest.
5. Hence, I pass following order.
ORDER
1. Suit is decreed with costs.
2. Defendant do pay principal amount of Rs.6,46,109/ @ 18% p.a.
after the credit period of 60 days to till filing suit plus further
interest 18% p.a. on Rs.6,46,109/ from the date of filing suit to
till realization of entire amount within three months.
3. Decree be drawn up accordingly.
Date:29/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :29/01/2020
Typed on :29/01/2020
H.H.J.Signed on :29/01/2020
-- 3 of 4 --
4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
29.01.2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
29.01.2020
JUDGMENT/ORDER signed by P.O. on 29.01.2020
JUDGMENT/ORDER uploaded on 29.01.2020
-- 4 of 4 --