Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 02.05.2019
Registered on : 21.08.2019
Decided on : 04.02.2020
Duration : Year 00 Month09 Days04
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.827 OF 2019
(CNR NO. MHCC010049312019 )
Exhibit14
Pidilite Industries Ltd.,
Registered office at Regent Chambers,
7th floor, Jamnalal Bajaj Marg, 208,
Nariman Point, Mumbai – 400 021
and Corporate office at Ramakrishna
Mandir Road, Off: AndheriKurla Road,
Andheri (East), Mumbai – 400 059. ….Plaintiff
V/s.
Neeraj Plywood,
A proprietorship firm,
Shop No.4, AB1, Triveni Complex,
Near Manikbaug Bridge,
Indore – 452001.
2. Mr. Dharmendra Simple,
Age.: Adult,
Proprietor of Neeraj Plywood
Shop No.4, AB1, Triveni Complex,
Near Manikbaug Bridge,
Indore – 452001. ... Defendants
SUIT FOR RECOVERY OF RS.2,60,800.64/
Appearance:
Mr.Swapnil Bhende, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
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2 Sum. Suit No.827 of 2019
(C.R.NO.59)
DATE : 04 th February 2020
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 ''Pidilite Industries Limited'', is a Public Limited
company having its registered office and corporate office at Mumbai .
Defendant no.1 is a proprietor firm doing and carrying on business in
the name and style Neeraj Plywoods through its proprietor, defendant
no.2. It is further contended by plaintiff that they are the manufacturers
and distributors of various products including its well known products
like Bluecoat, Fevicol, Roff M.Seal, Dr. Fixit, Fevistik, Fevikwik, Fevicryl
etc and other adhesive products. Pursuant to the purchase Order
received from the Defendant's at Plaintiff's aforesaid place of business
situated at Mumbai, plaintiff sold, dispatched and delivered Bluecoat
Plus and Foamgrip products as per their requirement and raised 9
invoices as provided on defendant's purchase orders which were duly
accepted and acknowledged by the defendants. It is further contended
by the plaintiff that thought their reminders, phone calls and meeting it
had regularly brought to defendants notice the issue of unpaid invoices
for the goods supplied to defendant by the plaintiff. The defendant
failed to pay amount to the plaintiff towards the said goods. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.2,60,800.64/.
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3 Sum. Suit No.827 of 2019
3. The suit summons were duly served on the defendant but he
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.2,60,800.64/
with interest
@ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. The witness – Mr. Jiken Maheshkumar Modi Authorised officer
of the plaintiff has filed his affidavit at Exhibit 4. In order to prove the
case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit6 Authority Letter and Board
Resolution
Dated
29/01/2019
24/05/2018
Exhibit
7(collective
ly)
1)Invoice
2)Invoice
3)Invoice
4)Invoice
5)Invoice
6)Invoice
7)Invoice
dated 25/07/2017
11/08/2017
18/08/2017
06/09/2017
06/09/2017
27/10/2017
16/11/2017
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4 Sum. Suit No.827 of 2019
8)Invoice
9) Invoice
22/11/2017
29/12/2017
Exhibit8 Authority letter and board
resolution
Dated
25/10/2018
24/05/2018
Exhibit9 Office copy of legal notice issued
by Advocate for the plaintiff.
dated 31/10/2018
Exhibit 10 Postal receipt dated 31/10/2018
Exhibit11 This document is postal
acknowledgment,returned
envelops and online postal tracking
report
AS TO POINT NO.1
6. All the documents produced by the plaintiff at list Exhibit 6,
7(Colly), 8, 9, 10, 11, goes to establish that plaintiff has sold and
delivered total goods worth of Rs.2,60,800.64/ to defendants. The
documents further prove that the amount of Rs.2,60,800.64/ is due
and payable to the plaintiff company from defendants towards delivered
of goods. But, defendants failed to pay total amount of Rs.2,60,800.64/
towards purchase of goods. The documents at list Exhibit8 to Exhibit
16 (collectively) goes to establish that defendant is liable to pay
Rs.2,60,800.64/ to the plaintiff on the date of filing of the suit towards
the purchase of goods and therefore the defendant is avoid to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitle to recover sum of Rs.2,60,800.64/ from the
defendant.
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 06% per annum, if the transaction is commercial
and there is no contract pertaining to the same between the parties. In
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5 Sum. Suit No.827 of 2019
the present case the transaction is a commercial one and there is no
express contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.2,60,800.64/. 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.2,60,800.64/ from the defendant with
interest at the rate of Rs.10% 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 defendant. Hence, in answered to point no.2 I proceed to pass
the following order :
: ORDER:
1. Defendant no. 1 & 2 shall pay Rs.2,60,800.64/
(Rupees Two Lakh Sixty Thousand Eight Hundred and Sixty
Four Only) to the plaintiff with interest at the rate of 10%
per annum from the date of filing of the suit till its
realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Date : 04.02.2020 Gr. Bombay
Typed on : 04.02.2020
Signed on : 04.02.2020
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6 Sum. Suit No.827 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.02.2020 5.30 pm Smt., Laxmi Katthe
(Typist)
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 04.02.2020
Order signed by P.O. on 04.02.2020
Order uploaded on 07.02.2020
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