Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010049412019 Presented on 02/05/2019
Registered on 17/06/2019
Decided on 06/11/2025
Duration 06Y: 06M: 04D
Exhibit 28
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 617 OF 2019
Jeevandeep Edumedia Pvt. Ltd. ]
Having registered office at ]
Sun Paradise Business Plaza, ]
First Floor, Senapati Bapat Marg, ]
Lower Parel, Mumbai 400 013. ]
Through its Assistant Legal Manager ]
Mrs. Neha Nachiket Kulkarni ]
Age: 28 years, Occupation: Service ]...Plaintiff
Vs. ]
1. Mr. Sandeep Bhure (Director) ]
Age: Not known, Occ: Business ]
Hadgaon 431712 Tal: Hadgaon ]
Dist.Nanded, Maharashtra ]
And also at ]
Hadgaon, Tamsa Road, Hadgaon ]
Dist:Nanded, Maharashtra 431713 ]
Tamsa Road, Taluka: Hadgaon ]
Dist: Nanded, Maharashtra-431712. ]
2. Riddhi Good Shepherd S. Primary ]
English Medium School ]
Hadgaon 431712 Tal: Hadgaon ]
Dist.Nanded, Maharashtra ]
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2 Sum Su No.617/2019
And also at ]
Hadgaon, Tamsa Road, Hadgaon ]
Dist:Nanded, Maharashtra 431713 ]
Tamsa Road, Taluka: Hadgaon ]
Dist: Nanded, Maharashtra-431712. ]...Defendants
Appearance :-
Ld. Adv. Jitendra Gupta h/f J. R. Vakil & Associates for plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 06/11/2025.
JUDGMENT
( Dictated and pronounced in open Court)
01] This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (CPC), by the plaintiff for recovery of an amount
of Rs.1,75,025/- alongwith further interest from the defendants.
Plaintiff has amended the address of defendants during pendency of
suit vide order dated 04/03/2021 passed in Chamber Summons
No.113/2021.
Brief facts of the plaintiff’s case may be summarized as under:
02] The plaintiff is a Private Limited registered company and
carrying on business as educational publishers under name and style as
'Jeevandeep Edumedia Pvt. Ltd.' Plaintiff company has authorized Mrs.
Neha Nachiket Kulkarni, as its Asst. Legal Manager of plaintiff vide
Board Resolution's dated 25/02/2019. Defendant No.1 is School and
defendant No. 2 is the Director of defendant No. 1, who is liable for
day to day affairs of defendant No.1. As per plaintiff, it had supplied
goods to defendants as per their verbal purchase orders. The plaintiff
has supplied goods to the tune of Rs. 1,88,461/-. Plaintiff has raised
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invoices bearing No.PT4340 dated 01/06/2016 for sum of
Rs.43,875/-, Invoice No. PT70924 dated 26/09/2016 for sum of
Rs.1,13,663/-,Invoice No.PT71003 dated 03/10/2016 for sum of
Rs. 18,458/- and Invoice No. PT71004 dated 03/10/2026 for sum of
Rs.12,465/-, total amounting to Rs.1,78,465/-. Plaintiff has raised
credit note No.PD62263 dated 21/12/2016 for sum of Rs.17,692/- and
credit No. PR65937 dated 17/01/2017 for sum of Rs. 55,770/-, total
amounting to Rs.73,462/-. Therefore, after giving credit of said
amount an amount of Rs. 1,14,999/- is due and payable by defendants
to the plaintiff. Further, if defendants failed to make payment on due
date, plaintiff is entitled for interest at the rate of 18% p.a. As
defendants failed to pay amount to the plaintiff, therefore, plaintiff is
entitled for an amount of Rs.1,75,025/- including interest upto
30/04/2019. Hence, this suit.
03] The writ of summons sent to the defendants is served on
them on 05/02/2024 by RPAD. They failed to appear in the matter.
Therefore, as defendants failed to appear therefore, order was passed
to proceed matter ex-parte against them on 05/03/2024.
04] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover an amount of
Rs.1,75,025/-from defendants?
If yes, at what rate of interest?
No
2. What order and decree? As per final order
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05] In support of claim, the plaintiff has filed affidavit of claim
of Ms.Swati Arvindkumar Kalatme as P.W.1, an authorized
representative of plaintiff at Exh. 7 and reiterated her contention in the
plaint for recovery of Rs.1,75,025/- along with the further interest at
the rate of 18% p.a. from the defendants. The plaintiff has filed and
relied upon the following documents vide Exh.8. Plaintiff has filed
evidence closed pursis at Exh. 27.
Sr.
No. Exhibit Particulars
1 Exh-10 Original Board Resolution dated 25.02.2019.
2 Exh-11 Original Board resolution dated 05.08.2023.
3 Exh-12 Original Purchase order No.20316, 20317 and 20318
dated 13.04.2016.
4 Exh-13 Printout of Purchase order No.19892 vide email dated
17.05.2016 supported by certificate u/s 65B of The
Indian Evidence Act at Exh-9.
5 Exh-14 Printout of Purchase order No.35332 vide email dated
25.05.2016 supported by certificate u/s 65B of The
Indian Evidence Act at Exh-9.
6 Exh-15 Printout of Purchase order No.19898 vide email dated
dated 05.06.2016 supported by certificate u/s 65B of The
Indian Evidence Act at Exh-9.
7 Exh-16 Office copy of Lorry Receipt dated 05.05.2016 and
31.05.2016.
8 Exh-17 Office copy of Lorry Receipt dated 20.05.2016.
9 Exh-18 Original Lorry Receipt dated 09.06.2016.
10 Exh-19 Office copy of Invoice bearing No. T64340 dated
01.06.2016.
11 Exh-20 Office copy of Invoice bearing No. T70924 dated
26.09.2016.
12 Exh-21 Office copy of Invoice bearing No. T71003 dated
03.10.2016.
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13 Exh-22 Office copy of Invoice bearing No. T71004 dated
03.10.2016.
14 Exh-23 Office copy of Credit Note bearing No. D62263 dated
21.12.2016.
15 Exh-24 Office copy of Credit Note bearing No. R65937 dated
17.01.2017 .
16 Exh-25 Office copy of sales ledger dated 01.06.2016 to
30.04.2019 supported by certificate u/s 65B of The
Indian Evidence Act at Exh-9.
R E A S O N S
As to Points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence of
plaintiff. Heard Ld counsel for the plaintiff. The plaintiff witness
Ms. Swati Kalatne as P.W.1 has reiterated the contentions in the plaint
in her evidence affidavit at Exh.7. Plaintiff has filed Extract of Board
Resolution dated 25/02/2019 at Exh.10 to show that Mrs.Neha
Nachiket Kulkarni is authorized to file suit. Further, plaintiff has filed
copy of Board Resolution dated 05/08/2023 at Exh.11 to show that
Miss. Swati Kalatne P.W.1 is authorized to depose in the present suit.
Further, it has come in the evidence of plaintiff that as per oral
purchase orders received from defendants,plaintiff has supplied and
delivered goods to the defendants through Shradha Mange Roadlines.
The plaintiff has filed purchase orders dated 13/04/2016,
17/05/2016, 25/05/2016 and 05/06/2016 at Exh.12 to 15
respectively. It is the contention of plaintiff that said goods were
delivered through Shradha Mange Roadlines and to support said
contention plaintiff has filed Lorry Receipt dated 05/05/2016,
31/05/2016, 20/05/2016 and 9/06/2016 at Exhs.16 to 17
respectively. Plaintiff has raised invoices bearing No.PT4340 dated
01/06/2016 for sum of Rs. 43,875/-, Invoice No. PT70924 dated
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26/09/2016 for sum of Rs.1,13,663/-, Invoice No.PT710003 dated
03/10/2016 for sum of Rs. 18,458/- and Invoice PT71004 dated
03/10/2026 for sum of Rs.12,465/-,total amounting to
Rs. 1,78,465/-. The plaintiff has filed said invoices at Exh.19 to 22
respectively. Further, plaintiff has raised Credit Note No.ED62263
dated 21/12/2016 for sum of Rs.17,692/- and credit No. PR65937
dated 17/01/2017 for sum of Rs.55,770/-, total amounting to
Rs.73,462/-. Therefore, after giving credit of said amount an amount
of Rs. 1,14,999/- is due and payable by defendants to the plaintiff. The
plaintiff has filed office copies of credit Notes at Exh.23 and 24
respectively. Further, plaintiff has filed extract of Ledger account for
the period of 1/06/2016 to 30/04/2019 at Exh.25. On perusing said
extract, it appears that an amount of Rs. 1,14,999/- is due and pending
against defendants.
07] It is pertinent to note that plaintiff has neither pleaded nor
submitted that they had issued legal notice to the defendants. Even, no
documentary evidence is produced on record to that effect. Further,
plaintiff has proved his contention by oral and documentary evidence.
Defendants have remained absent and not contested the matter.
Therefore, evidence of plaintiff remained unchallenged. Though,
evidence of plaintiff has remained unchallenged however, on perusing
documents filed by the plaintiff i.e. Invoices and credit notes, it
appears that it does not bear seal and signature of the defendants.
Even, extract of ledger account is not admitted by the defendants.
Therefore, merely on oral evidence without having sufficient proof to
show that plaintiff has sold, supplied and delivered goods to the
defendants, plaintiff cannot be said to be entitled for relief claimed.
Thus, plaintiff has absolutely failed to prove that goods were delivered
to the defendants and defendants are liable to pay an amount of
Rs. 1,75,025 with interest as prayed. Hence, I answer to point No. 1 in
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negative and answer to point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No. 617/2019 is hereby dismissed.
2) No order as to costs.
3) The decree be drawn up accordingly.
(Sangram S.Shinde)
Ad-hoc Judge,
City Civil Court, Mazgaon, Mumbai.
Dated: 06/11/2025 C.R.No.81
Dictated on: 06/11/2025
Corrected & signed on:10/11/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
11/11/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 06/11/2025
JUDGMENT/ORDER signed by P. O. on 10/11/2025
JUDGMENT/ORDER uploaded on 11/11/2025
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