Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum. Suit 36 of 2019
Received on : 03.05.2019
Registered on : 21.06.2019
Decided on : 06.02.2020
Duration : Y M D
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO. 36 of 2019
CNR NO. : MHCC01-004928-2019
Chetana Book Depot
having their ofce at tth Floor,
B-Wing, Building E, Trade Link
Kamala City, above Bombay
Canteen, Lower Parel,
Mumbai – t00 013.
Through its Legal Manager
Mr. Shaji John ...Plaintif
Versus
1. Mr. Surendra Singh
Trustee
Age :Not known, Occ : Business
Trust, Late Smt. Rajkumar Jawhar
Education Trust, Sunrose English
School, Om Sadguru Compound,
Manicha Pada, Richard, Vasaifata,
Pincode : t01 208.
2. Mr. Satishkumar Singh
Secretary
Age : Not known; Occ : Business
Trust, Late Smt. Rajkumar Jawhar
Education Trust, Sunrose English
School, Om Sadguru Compound,
Manicha Pada, Richard, Vasaifata,
Pincode : t01 208.
3. Sunrose English School,
Trust, Late Smt. Rajkumar Jawhar
Education Trust, Om Sadguru
Compound, Manicha Pada, Richard,
Vasaifata, Pincode : t01 208. ...Defendants
Appearances:-
Mr. Hetal Vakil, advocate for the Plaintif.
Defendants Ex-parte.
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2 Sum. Suit 36 of 2019
CORAM : SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATED : 6th FEBRUARY 2020
SUIT FOR RECOVERY OF RS. 3,97,898.11/-
J U D G M E N T
1. The plaintif has fled the suit against the defendant for
recovery of Rs.3,97,898.11/- along with interest @18% per
annum from defendants.
Brief facts of the plaintiffs case is as under :-
2. The plaintifs are a registered Partnership Firm. The
defendants are running educational institution. The plaintifs
have sold and delivered goods as per defendants specifcation.
The defendants have received the goods without any protest
for quality and quantity till date.
3. The plaintifs have raised invoices of Rs. 6,69,29t/-
towards the sale of the goods. The plaintifs gave 30 days
credit to the defendants to pay the amount failing which the
plaintifs will be entitled for interest @ 18% per annum. The
plaintifs have also issued credit note.
t. The plaintifs stated that the outstanding amount to be
paid by defendants is Rs. 3,63,890/-. The advocate for plaintifs
issued legal notice dated 03.12.2018. The notice returned back
with remark “Incomplete Address” on 05.12.2018. The
defendants failed to pay the outstanding amount. Hence, the
suit for recovery.
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3 Sum. Suit 36 of 2019
5. The report Pre-institution Mediation under Section 12-A
of Commercial Courts Act, 2015 is Non-Started. The
defendants could not be served. The envelope of notice
returned with postal remark as “Incomplete Address”. The
plaintifs failed to fle the address of the defendants.
6. The afdavit of Writ of Summons of Divya D.
Ghadigaonkar, Clerk of City Civil Court, Mumbai shows that the
defendants are served. Therefore, the suit proceeded ex-parte
against the defendants.
7. The plaintifs to prove the contents of plaint fled
evidence afdavit of Mr. Shaji John, the Power of Attorney
Holder of the plaintif frm. The contents of the afdavit is as
per the plaint. The plaintifs have relied on the order no. 1569
dated 2t.0t.2017 (Exh.8); Order No. tt30 dated 2t.0t.2017
(Exh.9); Order No. 5t39 dated 2t.0t.2017 (Exh.10), Order No.
tt21 dated 20.05.2017 (Exh.11). On the basis of these orders
from defendants, the plaintifs have delivered goods and raised
following invoices:-
Sr.
No.
Invoice No. Date Amount Exh. No.
1 17/985t.01 13.06.2017 1,60,956/- 12 & 13
2 17/9858.01 13.06.2017 77,70t/- 1t
3 17/9850.01 13.06.2017 8t,2t0/- 15
7 17/10t90.01 13.06.2017 1,27,218/- 16
8 17/10t90.02 17.06.2017 91,728/- 16
9 17/9850.02 20.06.2017 t,615/- 17
10 17/9858.02 21.06.2017 15,535/- 18
11 17/985t.02 21.06.2017 t,859/- 19
12 17/9858.03 26.06.2017 5,850/- 20
13 17/985t.03 26.06.2017 6,0t5/- 21
1t 17/9858.0t 28.06.2017 2,990/- 23
15 17/9858.05 30.06.2017 3,380/- 2t
Total 5,85,120/-
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4 Sum. Suit 36 of 2019
8. The plaintifs have given Credit Note to the defendants
bearing no. 2560 dated 1t.09.2017 for Rs. 51,tt8/-; No. 2568
dated 03.08.2016 for Rs. 33,657/-; No. 2751 dated 06.09.2017
for Rs. 32,292/-; No. 2753 dated 16.09.2017 for Rs. t0,913/-;
No. 3755 dated 28.09.2017 for Rs. 1,25,580/-.The plaintifs
have received cash of Rs. 7t,000/- on 05.06.2017 and
Rs.6,000/- on 01.07.2017. The balance amount to be recovered
is Rs. 3,05,t0t/-.
9. The plaintifs issued legal notice dated 03.12.2018
(Exh.27). The defendants did not pay the outstanding amount.
The suit is fled on 03.05.2019. The orders are placed and
delivered in the year 2017. Hence the suit is within limitation.
The evidence of the plaintifs has gone unchallenged.
Therefore, the plaintifs are entitled to recover the outstanding
amount of Rs.2,21,230/- [5,85,120 (invoice amount) –
2,83,890 (Credit amount) – 80,000 (cash amount
received)] from the defendants.
10. The plaintifs have claimed interest 18% per annum. The
transaction between the parties is a commercial transaction.
The goods are delivered to the defendants. The defendants
failed to pay the outstanding amount. The plaintifs have also
given Credit Note to the defendants. The rate of interest
claimed is high, considering the present economic scenario.
Hence, I hold that the plaintifs are entitled for interest @ 12%
per annum from the date of flling of the suit till its realization.
11. The defendants failed to appear. The suit proceeded ex-
parte. The oral and documentary evidence on record proves
that the plaintifs have supplied the goods as per order placed
by defendants. The defendants failed to pay the outstanding
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5 Sum. Suit 36 of 2019
amount. Hence, plaintifs are entitled for recovery of Rs.
2,21,230/- along with interest at the rate of 12% per annum.
Hence, pass the following order :-
ORDER
1. The suit is decreed with costs.
2. The defendants are directed to pay
the amount of Rs. 2,21,230/-
(Rupees Two Lakhs Twenty One
Thousand Two Hundred and Thirty
Only) to the plaintifs along with
interest at the rate of 12% per
annum from the date of flling of the
suit i.e. 03.05.2019 till its realization.
3. Decree be drawn accordingly.
(Smt. S.S. Nagur)
Dated : 06.02.2020 Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 06.02.2020
Transcribed on : 10.02.2020
Sign on : 10.02.2020
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6 Sum. Suit 36 of 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
13/02/2020 3.52 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO. 13)
Date of Pronouncement of Judgment/
Order.
06/02/2020
Judgment/order signed by P.O on 10/02/2020
Judgment/order uploaded on 13/02/2020
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