Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010049442019
Filed on :02.05.2019
Registered On:17.06.2019
Decided on :05.03.2021
Duration :Y-01/M-10/D-05
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.615 OF 2019
Exhibit- 27
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 Manager Legal
Mrs. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1. Mr. Sayed Faijulla Rahimtulla (President)
(President)
Age: Not known; Occup: Not known
Faiz English School, Abbu Bakar Colony,
Narangal Road, Dist: Nanded,
Degloor 431 717, Maharashtra
2. Mr. Sayeda Tabbasum Fatema (Principal)
Age: Not known; Occup: Not known
Faiz English School, Abbu Bakar Colony,
Narangal Road, Dist: Nanded,
Degloor 431 717, Maharashtra
-- 1 of 6 --
Summ. Suit No.615/2019
2
3.Faiz English School, Abbu Bakar Colony,
Narangal Road, Dist: Nanded,
Degloor 431 717, Maharashtra ... Defendants
SUIT FOR RECOVERY OF RS.1,60,909/-
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 : 05/03/2021
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. Pursuant to
defendants verbal and purchase order from time to time, plaintiff sold
supplied and delivered to defendants said goods through delivery
challans from time to time which were acknowledged by defendants
without any protest for quality, quantity till date. In due course of
business plaintiff raised various invoices upon defendants of said goods
of sum of Rs.2,00,747/-. After lot of persuasion and follow up
defendants have failed to make payment till date. . Thereafter credit
notes were raised upon the defendants for the sum of Rs.97,033/-. As
per the plaintiff’s sales ledger now sum of Rs.1,03,714/-is due and
payable by defendants to plaintiff. Now plaintiff is to receive from
defendants the amount of Rs.1,03,714/- alongwith interest upto date.
-- 2 of 6 --
Summ. Suit No.615/2019
3
Hence, plaintiff is constrained to file the suit for recovery of the said
amount. The total suit claim of the plaintiff for Rs.1,60,909/-.
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.1,60,909/- with
interest
@ 18 % per annum
on principal amount
of Rs.1,03,714/-
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 Copy of Board Resolution 25.02.2019
8 Copy of Board Resolution 03.02.2020
9 Original purchase order 13.04.2016
10 Original purchase order 19.07.2016
11 Original purchase order 01.09.2016
12 Original L. R. No.391 21.05.2016
13 Original L. R. No.858 09.07.2016
14 Original L. R. No.1239 03.09.2016
15 Office Copy of Invoice 21.05.2016
-- 3 of 6 --
Summ. Suit No.615/2019
4
Exhibit.
No.
Description of documents Date
16 Office Copy of Invoice 02.07.2016
17 Office Copy of Invoice 12.07.2016
18 Office Copy of Invoice 19.07.2016
19 Office Copy of Invoice 25.07.2016
20 Office Copy of Invoice 03.09.2016
21 Office Copy of credit note 26.09.2016
22 Office copy of credit Note 09.12.2016
23 Office Copy of credit Note 13.12.2016
24 Office Copy of Notice 25.02.2019
25 Original Postal Receipt 26.02.2019
26 Original Registered A.D.Card
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-7
to 26 goes to establish that plaintiff has supplied goods to the
defendants. The documents further prove that the amount of
Rs.1,03,714/- is due and payable to the plaintiff company from
defendants towards delivered of goods. The plaintiff is to receive from
defendants the amount of Rs.1,03,714/- alongwith interest upto date.
The documents at list Exhibit 7 to 12 goes to establish that defendants
are liable to pay Rs.1,60,909/- to the plaintiff on the date of filing of the
suit towards the purchase of goods alongwith interest. In this
background, it is held that plaintiff is entitled to recover sum of
Rs.1,60,909/- 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
-- 4 of 6 --
Summ. Suit No.615/2019
5
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is 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 i.e.
amount of Rs.1,60,909/-. 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.1,60,909/- from the
defendants with interest on Rs.1,03,714/- 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.1,60,909/- (Rs. One Lakh
Sixty Thousand Nine Hundred Nine Only) to the
plaintiff and defendants shall also pay with interest on
principal amount of Rs.1,03,714/- 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 :05/03/2021 Gr. Bombay
Dictated on : 05/03/2021
Typed on : 05/03/2021
Signed on :
-- 5 of 6 --
Summ. Suit No.615/2019
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.03.2021 05.15 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
05/03/2021
JUDGMENT/ORDER signed by
P.O.on
05/03/2021
JUDGMENT/ORDER uploaded on 05/03/2021
-- 6 of 6 --