Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010046922019
Filed on :22.04.2019
Registered On:17.06.2019
Decided on :02.03.2021
Duration :Y-01/M-10/D-11
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.611 OF 2019
Exhibit- 13
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
Mrs. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1. Mr. Ambaji Munde (Principal)
Age: Not known, Occ: Not known
Mauli Anuradhadevi Primary English School
At Post: Kanherewadi, Tal- Parali
Dist- Beed, 431515, Maharashtra
2.Mauli Anuradhadevi Primary English School
Age: Not applicable
Tal: Parali Vaijanath,
Dist- Beed , Kanherewadi- 431515,
Maharashtra ... Defendants
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Summ. Suit No.611/2019
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SUIT FOR RECOVERY OF RS.66,021/-
Appearance:-
Adv. Mr. Hetal Vakil for the plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 02/03/2021
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
defendants verbal and purchase order 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.1,30,712/-. After lot of persuasion and follow up
defendants have made part payment of Rs.84,773/-. As per the
plaintiff’s sales ledger now sum of Rs.45,939/-is due and payable by
defendants to plaintiff. Now plaintiff is to receive from defendants the
amount of Rs.66,021/- alongwith interest upto date. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.66,021/-.
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Summ. Suit No.611/2019
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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.66,021/- with
interest
@ 18 % per annum
on principal amount
of Rs.45,939/-
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
4 colly Copy of Board Resolution
Copy of Board Resolution
25.02.2019
03.02.2020
5 Original purchase orders 24.05.2017
6 Email orders 09.08.2017
7 colly Original L. R. No. 33816
Original L. R. No.34726
Original L. R. No.35406
Original L.R. No.231640
13.06.2017
21.06.2017
03.07.2017
12.08.2017
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Summ. Suit No.611/2019
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Exhibit.
No.
Description of documents Date
8 colly Office copy of invoice
Office copy of invoice
Office copy of invoice
Office copy of invoice
Office copy of invoice
14.06.2017
22.06.2017
30.06.2017
11.07.2017
12.08.2017
9 colly Office copy of Credit Note
Office copy of credit Note
28.12.2017
30.12.2017
10 Office copy of notice 22.03.2019
11 Original Postal receipt 22.03.2019
12 Original Registered A.D.
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-4
to 12 go to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.1,30,712/- is due
and payable to the plaintiff company from defendants towards delivered
of goods. After lot of persuasion and follow up defendants have made
part payment of Rs.84,773/-. As per the plaintiff’s sales ledger now sum
of Rs.45,939/-is due and payable by defendants to plaintiff. Now
plaintiff is to receive from defendants the amount of Rs.66,021/-
alongwith interest upto date. The documents at list Exhibit 4 to 12 go
to establish that defendants are liable to pay Rs.66,021/- to the plaintiff
on the date of filing of the suit towards the purchase of goods alongwith
interest. In this background, it is held that plaintiff is entitled to recover
sum of Rs.66,021/- 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.66,021/-. 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.66,021/- from the defendants
with interest on Rs.45,939/- 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 defendant shall pay Rs.66,021/- (Rs. Sixty Six
Thousand Twenty One Only) to the plaintiff and
defendant shall also pay with interest on principal
amount of Rs.45,939/- at the rate of 18% per annum
from the date of filing of the suit till its realization.
2. The defendant 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 :02/03/2021 Gr. Bombay
Dictated on : 02/03/2021
Typed on : 02/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.03.2021 11.00 a.m. ( Mayuresh 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
02/03/2021
JUDGMENT/ORDER signed by
P.O.on
02/03/2021
JUDGMENT/ORDER uploaded on 03/03/2021
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