Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 67/2019. 1 Ex-parte Judgment.
MHCC010049132019
Presented on : 03-05-2019
Registered on : 29-07-2019
Decided on : 21-01-2021
Duration : 1 years, 8 months, 18 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 67 OF 2019
Exh.17.
1. Mr. Ramshankar K. Yadav
Aged 54 years, Occ. Business
2. Manju Ramshankar Yadav
Aged 49 years, Occ. Business,
Both residing at C08 Shree Shantiniketan
CHS. Ltd, C.S. Complex, Road 3, CTS 1358
N. R. Sudhindra Nagar, Dahisar (E),
Mumbai 400068 ...Plaintiff
Versus
1. M/s. Rupji Constructions,
C36, Shree Ram Industrial Estate,
3rd floor, G.D. Ambedkar Marg,
Wadala, Mumbai 400031
2. Mr. Madhukar Magasham Rupji,
Partner of M/s Rupji Constructions,
Aged 79 years, Occu. Business,
Residing at 203, AWing, 2 nd Floor,
Om Residency, Opp. Bhoiwada, Court,
Mumbai – 400 012
3. Mr. Tejal Madhukar Rupji
Partner of M/s Rupji Constructions,
Aged 46 years, Occu. Business,
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Comm.Suit No. 67/2019. 2 Ex-parte Judgment.
Residing at 203, AWing, 2 nd Floor,
Om Residency, Opp. Bhoiwada, Court,
Mumbai – 400 012 ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 21st JANUARY, 2021.
Ms. Sarita Dahiwile, Advocate for Plaintiff.
None for Defendants. (Exparte).
EXPARTE JUDGMENT
This is a suit for recovery of Rs.74,74,603/ (Rupees
Seventyfour Lakhs Seventyfour Thousand Six Hundred Three Only)
with interest at the rate of 18% p.a. The suit is based on quotation, bills
and account.
2. Plaintiff is running the business of fabrication, aluminum
and steel works. Plaintiffs runs the business under name and style as
mentioned in para 1 of the plaint. Defendant no.1 is a partnership firm,
deals in the development of property. In view of work offered by
defendant, plaintiff has accepted the quotations dated 22/12/2009,
10/08/2015 and 04/10/2016. Plaintiff has completed the fabrication,
aluminum and steel works at different sites as mentioned in para 6 of
the plaint. Plaintiff has raised the bills in total of Rs.74,74,603/
(Rupees Seventyfour Lakhs Seventyfour Thousand Six Hundred Three
Only).
3. Defendants no.2 and 3 are partners of defendant no.1.
Despite repeated demand and a notice dated 23/03/2019, defendants
are failed to repay the amount. Hence, this suit.
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Comm.Suit No. 67/2019. 3 Ex-parte Judgment.
4. Suit summons is duly served on defendants no.1 to 3. In
view of order in roznama dated 01/11/2019 and 10/02/2020, suit is
proceeded exparte against defendants no.1 to 3.
5. PW 1 Ramshankar Yadav has submitted evidence affidavit
vide Exh.9. In view of evidence of PW 1, relevant documents are
collectively marked vide Exh.11 and 12. Perused ledger account vide
Exh.13 and a notice vide Exh.14 dated 23/03/2019. On perusal of
quotation and various bills raised by plaintiff, plaintiff has completed
the work of fabrication on different sites as mentioned in para 6 of the
plaint. On perusal of different bills, it is clearly mentioned the
description of work and site where the work was completed by the
plaintiff. Defendants remained absent despite due service of summons.
It infers they admit the suit claim. In result, suit deserves to be decreed.
6. The interest claimed by the plaintiff appears to be
exorbitant. Considering nature of the transaction, interest at the rate of
12% p.a. seems reasonable. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendants No.1 to 3 shall, jointly and severally, pay an
amount of Rs.74,74,603/ (Rupees Seventyfour Lakhs
Seventyfour Thousand Six Hundred Three Only) w ith
interest @ 12% p.a. from the date of suit till realization,
within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge, City Civil & Sessions Court,
Date : 21/01/2021. Mumbai.
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Comm.Suit No. 67/2019. 4 Ex-parte Judgment.
1. Dictated on : 21/01/2021.
2. Transcribed on : 22/01/2021.
3. Signed on : 22/01/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/01/2021. 4.50 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 21/01/2021.
Judgment/Order signed by P.O. on 22/01/2021.
Judgment/Order uploaded on 22/01/2021.
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