Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010049422019
Filed on :02.05.2019
Registered On :26.07.2019
Decided on : 08/03/2021
Duration :Y-01/M-10/D-08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 760 OF 2019
EXHIBIT-12
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 Legal
Mrs. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1. Mr. Rahul Purshouttam Sonawane
Founder
Age: Not known, Occup: Not known
Sarni Aanandgaon, At Post Tal: Taij
Dist. Beed , Pincode: 431123
Maharashtra
2.Mr. Ravi Purshouttam Sonawane
Administer
At Post: Kallam (Diskal) 413 507,
Dist: Osmanabad, Maharashtra
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Summ. Suit No.760/2019
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3.Mr. Ramesh Shankar Jadhav
Principal
At Post: Kallam (Diskal) 413 507,
Dist: Osmanabad, Maharashtra
4.Kai. Purushottamdada Bhau Samajik
Pratisthan-Sarn.
C/O. Cambridge English School
Dhoki Road, At Post: Kallam (Diskal) 413507
Dist: Osmanabad, Maharashtra ... Defendants
SUIT FOR RECOVERY OF RS.94,993/-
Appearance:-
Adv. Ms. Hetal Vakil for the plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 08/03/2021
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 is a private limited company under the
Companies Act doing business as educational publishers. In Pursuance
of the purchase orders of the defendants, plaintiff sold, supplied and
delivered to the defendants the goods vide invoices dated 22.06.2016
and 01.04.2016. The defendants but failed to pay the total sum of
Rs.1,49,797/-. After lot of persuasion and follow up defendant have
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made part payment on 01.06.2016 for the sum of Rs.89,752/-. As per
plaintiff sales ledger now a sum of Rs. 60,045/- is due and payable b
defendant to plaintiff. Now plaintiff is to receive from defendant the
amount of Rs. 94,993/- alongwith interest upto date. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.94,993/-.
3. The suit summons were duly served on the defendants but
they 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.94,993/- with
interest
@ 18 % per annum
on principal amount
of Rs.60,045/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
7 colly Copy of Board Resolution 25/02/2019
03/02/2020
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Exhibit.
No.
Description of documents Date
8 Original Purchase Order dated 28/05/2016
9 Original L.R. 22/06/2016
10 Copy of Invoice 22/06/2016
11 Copy of credit note 02/01/2017
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-
7colly to 11 goes to establish that plaintiff has supplied goods to the
defendants. The documents further prove that the amount of
Rs.94,993/- is due and payable to the plaintiff company from defendant
towards delivered of goods. But, defendants failed to pay total amount
of Rs.94,993/- towards purchase of goods. The documents at list
Exhibit-7colly to 13 goes to establish that defendants are liable to pay
Rs.94,993/- to the plaintiff on the date of filing of the suit towards the
purchase of goods and therefore the defendants is avoid to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.94,993/- from the defendants.
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 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is no
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest at the rate of 18% per annum
would be just and proper to be awarded on the principal sum adjudged
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i.e. amount of Rs.94,993/-. 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.94,993/-from the defendants
with interest on Rs.60,045/- at the rate of 18% 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 defendants. Hence, in answered to
point no.2, I proceed to pass the following order.
ORDER
1. The defendants shall pay Rs.94,993/- (Rs. Ninety Four
Thousand Nine Hundred Ninety Three Only) to the
plaintiff and he shall also pay with interest on
principal amount of Rs.60,045/- at the rate of 18% per
annum from the date of filing of the suit till its
realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date :08/03/2021 Gr. Bombay
Dictated on : 08/03/2021
Typed on : 08/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/03/2021 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
08/03/2021
JUDGMENT/ORDER signed by
P.O.on
08/03/2021
JUDGMENT/ORDER uploaded on 08/03/2021
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