Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 13.04.2018
Registered on 01.06.2018
Decided on 15.01.2019
Duration Yrs. M. Days
07 14
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.551 OF 2018
M/s. Chetana Book Depot,
a partnership firm, having its registered
office at 4th Floor, 'B' Wing, Building 'E'
Trade Link, Kamla City, Above Bombay
Canteen, Lower Parel, Mumbai400013. ...Plaintiffs.
V/s.
1. Satheesh Balaji HR. Sec.School No.1,
College Road, Madhagkuppam, Kolathur,
Chhennai, Tamilnadu600009.
2. Mr.K. Madasamy Pandian, an adult, age
not known, No.1, College Road,
Madhagkuppam, Kolathur, Chhennai,
Tamilnadu600009. ...Defendants.
Appearances:
Ld. Adv Mr.Lakhani for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 15th January,2019
MHCC01-004940-2018
-- 1 of 5 --
.. j/2 .. Summary Suit No.551/2018
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.2,63,796/ with interest.
2. In short, plaintiff came with a case that, plaintiff is a partnership
firm registered under the Indian Partnership Act,1932 having their
place of business at the address mentioned in the cause title. Defendant
No.1 is a school and defendant No.2 is the trustee of defendant No.1
having their address as mentioned in the title clause of the plaint.
3. Plaintiff submitted that, pursuant to the order placed by
defendant for supply of educational books, plaintiff sold, supplied and
delivered the books through ABT Parcel during the period from of
April,2015 to August,2015 for an aggregate amount of Rs.4,73,120/ as
per their requirement in respect of their school. Accordingly plaintiff
raised invoices from time to time in respect of the said books being sold,
supplied and delivered. The said invoices interalia charged interest @
18% per annum if payment is not made within 30 days from the date of
invoices. Defendants have made payment of Rs.1,50,000/. They have
also returned the goods worth Rs.1,49,601/ to plaintiffs. Defendants
have also issued cheques for the payment of outstanding amount.
However, said cheques were dishonoured when deposited for
encashment, leaving behind the balance amount of Rs.1,73,519/. In
spite of repeated requests and demands defendants failed to pay the
outstanding amount to plaintiff. Therefore, plaintiff issued demand
notice dt.06.03.2018 through Advocate and called upon defendants to
make payment of Rs.2,61,380/. In spite of receipt of notice defendants
failed to make the payment.
4. Plaintiff submitted that, as defendants failed to clear the dues in
spite of repeated requests, demand and the notice; plaintiff approached
-- 2 of 5 --
.. j/3 .. Summary Suit No.551/2018
this Court and filed suit against defendants for recovery of outtanding
due amount.
5. Writ of summons was issued against defendants. It was served
upon defendants and plaintiff filed service affidavit at Exh.2. In spite of
service of notice defendants have not appeared to contest the suit.
Therefore, suit proceeded exparte against defendants.
6. For proving claim plaintiff has examined its Constituted Attorney
Mr.Shaji Jone by filing his chiefinaffidavit at Exh.3. Plaintiff has also
filed compilation of documents at Exh.4 and proved the documents –
Invoice No.15/6616, dt.23.04.2015 for Rs.2,80,757/ (Exh.5) and Copy
of notice dt.06.03.2018 (Exh.6).
7. Heard learned Advocate for plaintiff. Perused the record and
submissions.
8. From the invoice produced and proved by plaintiff it is clear that
plaintiff sold and delivered the books to defendants as per their order.
Defendants accepted the same without any objection about quality,
quantity and price of the goods. During the course of business
defendants has returned the goods, which is admitted by plaintiff,
which emphasizes that there were transactions between plaintiff and
defendants. It is also proved from the record that, defendants paid
part payment of Rs.1,50,000/ to plaintiff and for part payment issued
cheques, which came to be dishonoured. There is nothing brought on
record which shows that, defendants have raised objection about the
goods and/or invoices issued to him. Therefore, defendants are liable to
clear the legal liability due against them.
9. To rebut the claim of plaintiff, none appeared on behalf of
defendants. Therefore, claim of plaintiff is remain unchallenged and
-- 3 of 5 --
.. j/4 .. Summary Suit No.551/2018
unrebutted. The documents produced and proved by plaintiff are
remain uncontroverted. Therefore, suit filed by plaintiff for recovery
under O.XXXVII R.2 of C.P.C. needs to be accepted. Therefore, I hold
that, defendants are due and payable the outstanding amount as
claimed by plaintiff.
10. Being the commercial transaction between the parties, defendant
is liable to pay interest @ 18% per annum on the outstanding amount,
as claimed by plaintiff. In spite of reminders, request and demand
notice, defendant has not paid the amount to plaintiff, which forced
plaintiff to file this suit. Therefore, costs of this suit needs to be saddled
upon defendants.
11. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendants jointly and severally do pay Rs.2,63,796/
along with interest @ 18 % per annum on Rs.1,73,519/
to plaintiff from the date of filing of this suit till
realization of entire decreetal amount.
3. Defendants jointly and severally do bear their own costs
with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 15/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 15.01.2019
Transcribed on : 15.01.2019
Signed on : 15.01.2019 kps/
-- 4 of 5 --
.. j/5 .. Summary Suit No.551/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.01.2019 at 5.13 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 15.01.2019
Judgment/order signed by P.O. on 15.01.2019
Judgment/order uploaded on 15.01.2019
-- 5 of 5 --