Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010048822019
Filed on :03.05.2019
Registered On:17.06.2019
Decided on :12.03.2021
Duration :Y-01/M-10/D-11
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.618 OF 2019
Exhibit- 30
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. Shivvaibhav English Medium School
(Vandaniya Ratrasant Tukdoji
Maharaj Mandal’s)
Tal: Korpana, Dist: Chandrapur
At & Post: Nanda Fata-442 917
Maharashtra
2.Mr. Anil R. Musale
Secretary of Shivvaibhav English
Medium School (Vandaniya Ratrasant Tukdoji
Maharaj Mandal’s)
Tal: Korpana, Dist: Chandrapur
At & Post: Nanda Fata-442 917
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3. Smt. Minakshi Mandal
Principal of Shivvaibhav English
Medium School (Vandaniya Ratrasant Tukdoji
Maharaj Mandal’s)
Ambuja Foundation, BCI Uparwahi
At-Uparwahi, Tah-Korpana,
Dist- Chandrapur 442905 ... Defendants
SUIT FOR RECOVERY OF RS.1,37,031/-
Appearance:-
Adv. Ms. 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 : 12/03/2021
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.1,31,131/- and Sales Debit Note was raised upon the
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defendant vide Debit Note of Rs. 300/- in aggregate to sum of
Rs.1,31,431/-. After lot of persuasion and follow up defendants have
failed to make any payment till date. Now plaintiff is to receive from
defendants the amount of Rs.1,37,031/- alongwith interest upto date.
The plaintiff sent legal notice dated 12.04.2019 and called upon
defendants to make payment. But, defendants have failed to make the
payment. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.1,37,031/-.
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.1,37,031/- with
interest
@ 18 % per annum
on principal amount
of Rs.1,31,431/-
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
7 Copy of Board Resolution 25.02.2019
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Exhibit.
No.
Description of documents Date
8 Copy of Board Resolution 03.02.2020
9 Original purchase order 16.06.2016
10 Original purchase order 25.06.2016
11 Original email purchase order 27.06.2016
12 Original email purchase order 13.07.2016
13 Original email purchase order 30.07.2016
14 Original L. R. No. 203802 20.06.2016
15 Original L. R. No. 203866 01.07.2016
16 Original L. R. No. 203869 02.07.2016
17 Original L. R. No. 19566 14.07.2016
18 Original L. R. No. 20482 23.07.2016
19 Original L. R. No. 21481 01.08.2016
20 Office Copy of Invoice 21.06.2016
21 Office Copy of Invoice 02.07.2016
22 Office Copy of Invoice 04.07.2016
23 Office Copy of Invoice 15.07.2016
24 Office Copy of Invoice 25.07.2016
25 Office Copy of Invoice 02.08.2016
26 Office Copy of Debit Note 14.08.2016
27 Office Copy of Notice 12.04.2019
28 Original Postal Receipt 12.04.2019
29 Original Reg. A.D. Card
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-7
to 29 goes to establish that plaintiff has supplied goods to the
defendants. The documents further prove that the amount of
Rs.1,31,431/- is due and payable to the plaintiff company from
defendants towards delivered of goods. The documents at list Exhibit 7
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to 29 goes to establish that defendants are liable to pay Rs.1,37,031/- 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.1,37,031/- 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
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.1,37,031/-. 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.1,37,031/- from the
defendants with interest on Rs.1,31,431/- 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 defendants shall pay Rs.1,37,031/- (Rs. One
Lakhs Thirty Seven Thousand Thirty One Only) to the
plaintiff and defendants shall also pay with interest on
principal amount of Rs.1,31,431/- at the rate of 18%
per annum from the date of filing of the suit till its
realization.
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2. The defendants 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 : 12/03/2021 Gr. Bombay
Dictated on : 12/03/2021
Typed on : 12/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/03/2021 05.00 p.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
12/03/2021
JUDGMENT/ORDER signed by
P.O.on
12/03/2021
JUDGMENT/ORDER uploaded on 12/03/2021
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