Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010048832019
Filed on :03.05.2019
Registered On :17.06.2019
Decided on :24.03.2021
Duration :Y-01/M-10/D-23
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 613 OF 2019
EXHIBIT-12
Jeevandeep Edumedia Pvt. Ltd.
Having registered Office at Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Manager Legal
Mrs. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1. Mr. Ashok Prakashrao Sonawane
Director
Age : Not Known, Occupation Not Known
Shaining Star English School
AT & Post: Chincholi (Limbaji) 431 147,
Tal: Kannad, Aurangabad, Maharashtra
2. Shaining Star English School
AT & Post: Chincholi (Limbaji) 431 147,
Tal: Kannad, Aurangabad, Maharashtra ... Defendants
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Summ. Suit No.613/2019
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SUIT FOR RECOVERY OF RS.74,099/-
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 : 24/03/2021
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. In Pursuance
of the purchase order of the defendants from time to time, plaintiff sold,
supplied and delivered to the defendants the goods vide various
invoices. The defendants failed to pay the total sum of Rs.84,017/-.
After lot of persuasion and follow up defendants have made part
payment of Rs.34,982/-. Now plaintiff is to receive from defendants
amounts of Rs.74,099/-alongwith interest upto date. Inspite of various
requests made by the plaintiff and receipt of legal notice dated
11/02/2019. According to the plaintiff defendants are liable to pay
amount of Rs.84,017/- on the date of the filing of the suit. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.84,017/-.
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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.74,099/- with
interest
@ 18 % per annum
on principal amount
of Rs.49,035/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff produced
following documentary evidence.
Exhibit.
No.
Description of documents Date
6 colly Copy of Board Resolution
Copy of Board Resolution
25/02/2019
03/02/2019
7 Original Purchase Order 11/06/2016
8 Original L. R. No.235798 21/06/2016
9 colly Office copy of invoice
Office copy of invoice
22/06/2016
01/07/2016
10 colly Office copy of credit note
Office copy of credit note
26/09/2016
16/11/2016
11 colly Office copy of notice
original postal receipt
Original Reg. A.D. Card
11/02/2019
11/02/2019
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AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-6
to 11 goes to establish that plaintiff has supplied goods to the
defendants. The documents further prove that the amount of
Rs.49,035/- is due and payable to the plaintiff company from
defendants towards delivered of goods. But, defendants failed to pay
total amount of Rs.49,035/-towards purchase of goods. The documents
at list Exhibit-6 to 11 goes to establish that defendants is liable to pay
Rs.74,099/- to the plaintiff on the date of filing of the suit towards the
purchase of goods and therefore the defendants is avoid to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.74,099/- 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.74,099/-.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.74,099/- from the defendants
with interest on Rs.49,035/- at the rate of 18% per annum from the
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Summ. Suit No.613/2019
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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.74,099/- (Rs. Seventy Four
Thousand Ninety Nine Only) to the plaintiff with
interest on principal amount of Rs.49,035/- 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 :24/03/2021 Gr. Bombay
Dictated on : 24/03/2021
Typed on : 24/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24/03/2021 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
24/03/2021
JUDGMENT/ORDER signed by
P.O.on
24/03/2021
JUDGMENT/ORDER uploaded on 24/03/2021
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