Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: COMM. SU782019 1
MHCC010049012019
Presented on : 02052019
Registered on : 08082019
Decided on : 04032021
Duration : Y01 M10 D02
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 78 OF 2019
JSK Industries Private Ltd., ]
a Company incorporated under the provisions of ]
the Companies Act, 1956 and having its registered ]
office at 9 A.K. Naik Marg, Near New Empire Cinema, ]
CST, Mumbai – 400001 ]...Plaintiffs
V/s
1. J K Electricals
a Partnership Firm having its registered office at ]
315/2, Plot No.8, Chh. Shahu Co. Operative Industrial
Estate, Agarbhag Shirol, Taluka: Shirol, Dist:Kolharpur,
Maharashtra 416120 ]
2. Mr. Yuvraj V Jagadale ]
Adult Indian Inhabitant, a partner of J.K. Electrical ]
having its registered office at 315/2, Plot No.8 Chh. ]
Shahu Co.Operative Industrial Estate, Agarbhag ]
Taluka: Shirol, Dist:Kolharpur, Maharashtra 416120]
3. Mrs. A V Jagadale
Adult Indian Inhabitant, a partner of J.K Electrical ]
having its registered office at 315/2, Plot No. 8, Chh.]
Shahu Co. Operative Industrial Estate, Agarbhag ]
Taluka: Shirol, Dist:Kolharpur, Maharashtra 416120]... Defendants
APPEARANCE:
Ld. Adv. Mr. Ganesh Murthy for plaintiff.
None for defendants.
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COMM. SU782019 2
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 04th March, 2021.
Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree against
defendants, directing the defendants to pay to the plaintiff a sum of
Rs.6,76,261/(Rupees Six Lakhs Seventy Six Thousand Two Hundred
Sixty One Only) with further interest at the rate of 36% per annum
from the date of filing of suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff is a company had handed over to sell
Aluminum Wire rod to the defendant No.1 Firm and issued Order
bearing No. JK/INFRA/201617/Alu/R/102 dated 20.09.2016 for
purchase of Aluminum Wire rod. The plaintiff, accordingly, had
supplied 9.1060 tons of the goods to the defendants by Lorry Receipt
dated 22.09.2016. The goods were received by the defendants.
The plaintiff had accordingly raised invoices on 22.09.2016
for Rs.15,48,962/. The invoices were acknowledged the receipt of the
bill in Delivery Challen dated 22.09.2016. The defendants had failed to
make the payment. The defendants were required to make payment
within 45 days from date of delivery of the goods. On failure, it was
agreed between the plaintiff and defendant to charge @ 18% p.a. from
the due date to 60 days and after 60 days interest to be charged at the
rate of 36% p.a.
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COMM. SU782019 3
It is the case of the plaintiff that defendants had made part
payment on 18.01.2017 for Rs.4,50,000/, on 14.02.2017 for
Rs.4,00,000/ and on 27.02.2017 for Rs.4,00,000. It is the contention
of the plaintiff that on 31.03.2018 a sum of Rs.5,57,374/ was due. It
is the case of the plaintiff that principal amount is Rs.2,98,962/ and the
remaining amount is interest. The plaintiff had issued Debit Note to the
defendant alongwith intimation of interest on 30.10.2018. The plaintiff
had issued legal notice on 12.04.2018 to the defendants. The notice
issued by post was refused by the defendants.
The plaintiff, therefore, had instituted the present suit and
had prayed for recovery of amount of Rs.6,76,261/with further interest
at the rate of 36% per annum from the date of filing of suit till its
realization.
3. The defendants had not appeared in the suit inspite of
service of suit summons. The suit proceeded exparte against defendants.
4. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery amount of Rs.6,76,261/
(Rupees Six Lakhs Seventy Six Thousand
Two Hundred Sixty One Only) with
further interest at the rate of 36% per
annum from the date of filing of suit till
its realization.
'In Affirmative'
2 What order and decree? As per final order below.
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COMM. SU782019 4
REASONS
AS TO POINT NO. 1:
5. Heard learned Advocate Mr. Ganesh Murthy for plaintiff.
6. The plaintiff in support of its case had examined Sandip
Vasant Patil, Authorized Representative of the plaintiff at Exh. 07. The
plaintiff had reiterated all the contentions raised by the plaintiff in his
evidence. The plaintiff had relied upon following documents (Exh.08):
Sr.
No.
Particulars Date Exh.
1 Board Resolution dated 30.05.2018 30.05.2019 10
2 Revised offer dated 19.09.2016 19.09.2016 11
3 Revised Purchase Order dated
20.09.2016
20.09.2016 12 colly
4 Sales order dated 22.09.2016 22.09.2016 13
5 Lorry receipt dated 22.09.2016 22.09.2016 14
6 Invoice dated 22.09.2016 22.09.2016 15
7 Delivery challan dated 22.09.2016 22.09.2016 16
8 Copy of Emails 17 colly
9 Section 65(B) certificate 18
10 Debit Note alongwith Intimation of
Interest dated 30.10.2018
25.10.2018 19 colly
11 Copy of the Legal Demand Notice sent
by Advocate of plaintiff to defendant
dated 12.04.2018
12.04.2018 20 colly
12 Postal packet Returned 21
13 Particulars of Claim
7. The evidence of the plaintiff shows that as per order of
defendants 9.1060 tons of goods were supplied by the plaintiff to the
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COMM. SU782019 5
defendants on 22.09.2016 by lorry receipt No.9898 (Exh.14). The
goods were received by the defendants (Exh.13). The plaintiff has
raised invoices to the defendants (Exh.15). It is the evidence of the
plaintiff that payment was to be made by the defendants within 45
days. Further interest at the rate of 18% p.a. was to be charged for 60
days on the amount not paid and further interest of 36% p.a. was to be
charged after 60 days till payment and realization. It is the evidence of
the plaintiff that the defendants had made part payment on the
following dates.:
i) Rs.4,50,000/ on 18.01.2017
ii) Rs.4,00,000/ on 14.02.2017 and
iii)Rs.4,00,000/on 27.02.2017.
8. It is the evidence of the plaintiff that defendants are in
arrears of Rs.5,57,374 out of which Rs.2,98,962/ is the principal
amount and the remaining is the interest. It is the evidence of the
plaintiff that plaintiff had issued notice (Exh.20 colly) on 12.04.2018.
The notice was refused by the defendant.
9. The defendants has failed to appear in the suit and failed to
contest the suit and inference adverse of the defendants needs to be
drawn. It appears that defendants had impliedly admitted the claim of
the plaintiff. The plaintiff relied upon invoices (Exh.15). The plaintiff
also had relied upon debit note alongwith intimation Exh.19. The sales
order Exh.13 shows that goods worth Rs.15,48,962.47/ were supplied
by the plaintiff to the defendants. The debit note alongwith intimation
of Interest Exh.19 colly clearly points out that 45 days to 60 days
interest would be charged at the rate of 18% p.a. and beyond the period
of 60 days, the interest would be charged upto 36% p.a. The rate of
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COMM. SU782019 6
interest claimed on the amount is the contractual interest between
plaintiff and defendants. The evidence of the plaintiff shows that
inspite of receipt of goods, the payment was not made by the
defendants.
The plaintiff is entitled for recovery of amount of Rs.
Rs.6,76,261/ with further interest at the rate of 36% per annum on the
principal amount of Rs.2,98,962/ from the date of filing of suit till its
realization.
Hence, I answered point No. 1 “in Affirmative.” In the result,
following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff a sum of
Rs.6,76,261/(Rupees Six Lakhs Seventy Six Thousand Two
Hundred Sixty One Only) with further interest at the rate of 36%
per annum on the principal amount of Rs.2,98,962/ (Rupees Two
Lakhs Ninety Eight Thousand Nine Hundred Sixty Two Only) from
the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 04.03.2021 Gr.Bombay at Mumbai.
Dictated on : 04.03.2021
Transcribed on : 08.03.2021
Signed by H.H.J.on : 10.03.2021
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COMM. SU782019 7
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.03.2021 at 4.20 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
04.03.2021
Judgment/order signed by P.O. on 10.03.2021
Judgment/order uploaded on 11.03.2021
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