Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No.
2092 of 2018. 1
MHCC010049452019
Presented on : 02-05-2019
Registered on : 19-07-2019
Decided on : 20-10-2023
Duration : 4 Yr, 5 M, 18 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2092 OF 2019.
Exh.
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, ]
Ms. Neha Nachinket Kulkarni ]
Age : 28, Occup.: Service. ] ....Plaintiff.
Vs.
1.Mr. Anup Toshniwal. ]
Proprietor. ]
Age: Not known, Occup.: Not Known. ]
Gurukul House No. 23, 1st Floor, ]
Vrundavan Colony, Bhayanagar, Nanded-431601 ]
Maharashtra. ]
2. Varnan Associates. ]
C/o. Anup Toshniwal. ]
Gurukul House No. 23, 1st Floor, ]
Vrundavan Colony, ]
Bhayanagar, Nanded – 430 601. ]
Maharashtra. ]….Defendants.
Appearance:
Adv. Hetal Vakil h/f Adv. J.R. Vakil for the plaintiff.
Defendant – Exparte.
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Judgment in Suit No.
2092 of 2018. 2
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :20th October, 2023.
This is suit for recovery of amount of Rs.1,07,851/-
with interest at the rate of 18% p.a. on amount of Rs.75,057/-
Brief facts of the plaintiff’s case is as under :
2. The plaintiff contends that it carries the business of
Educational publishers under the name and style of ‘Jeevandeep
Edumedia Pvt Ltd.’ In pursuance of order of defendant, it sold and
supplied goods vide Invoices from 01.06.2016 to 27.12.2017
aggregating an amount of Rs. 6,54,710/-
2. It is specifically contends that after lot of persuasion and
follow up by plaintiff, the defendant made part payment from
25.05.2016 to 27.12.2017 an amount aggregating of Rs.5,79,653/-.
Thus, the defendant is liable to pay an amount of Rs.75,057/-
3. It is further case of the plaintiff that as per terms and
condition agreed in between the plaintiff and defendant, if defendant
failed to make payment on due date, the defendant is liable to pay
interest at the rate of 18% p.a. Hence, considering the interest rate, the
defendant is liable to pay an amount of Rs.1,07,851/- and principal due
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Judgment in Suit No.
2092 of 2018. 3
amount of Rs. 75,057/- with interest at the rate of 18% p.a.. Hence, this
suit.
4. Though the defendant appeared and failed to file written
statement, hence, suit is proceeded without their written statement vide
order dated 15.09.2021. Thereafter the plaintiff examined one Swati
Kalamate at Exh. 3 and also filed list of documents along with list at
Exh. 4 which is as follows :
Sr. No. Documents.
1. Original Board Resolution dated 25.02.2019.
2. Original Board Resolution dated 05.08.2023
3. Original Email Purchase order dated
18.05.2016
4. Xerox Email Purchase Order dated
18.06.2016.
5. Original Purchase Order dated 29.09.2016.
6. Original Purchase Order Dated 20.12.2016.
7. Original Lorry receipt dated 31.05.2016
8. Xerox copy of Lorry receipt dated 22.06.2016
9. Original Lorry Receipt dated 25.06.2016
10. Original Lorry Receipt dated 30.09.2016.
5. The plaintiff filed evidence close pursis at Exh. 6 and
contends that defendant failed to realize the suit amount. There is no
reason to discard the case of the plaintiff. There is also submission of
the Ld. advocate for the plaintiff that documentary or oral evidence is
suffice to decree the suit . Hence, prayed to decree the suit.
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Judgment in Suit No.
2092 of 2018. 4
6. Considering the facts, evidence and law applicable to the
case, following points arise for determination of the case:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it is
entitled to recover an amount of
Rs.1,07,851/- with further in-
terest of amount of Rs.75,057/-
at the rate of 18% p.a.from the
defendants from the date of the
suit?
..Yes Partly..
with interest @ 9%
p.a
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
:REASON:
As to Point No. 1 & 2
7. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
In support of its case, the plaintiff filed on record various documents
which show that the plaintiff has supplied goods as per order of
defendant. But defendant failed to pay amount of goods. Therefore, the
defendant is liable to pay outstanding amount.
8. In support of the case of the plaintiff, the plaintiff filed
documentary evidence as pleaded. He has filed the copy of invoices and
purchase orders, debit note, credit note. All these documents and oral
evidence fortify the contention of the plaintiff that the defendant was
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Judgment in Suit No.
2092 of 2018. 5
due to pay an amount of Rs.75,057/-. The credit note dated 21.12.2016
bring the suit instituted on 02.05.2019 within the limitation.
9. It is case of the plaintiff that defendant is liable to pay
interest at the rate of 18% p.a. as per agreement in between the plaintiff
and defendant. However, no cogent evidence is adduced on behalf of
the plaintiff to justify his contention. In such circumstances, oral
evidence adduced of Swati Kalamate will not suffice to held that the
defendant is liable to pay an amount of Rs.75,057/- with interest at the
rate of 18% p.a. Considering the nature of transaction in between both
parties, it would be just and proper to direct the defendant to pay such
amount with interest at the rate of 9% p.a. from the date of the suit till
date of its realisation. Accordingly point Nos. 1 and 2 is answered.
10. Though the defendant appeared, they failed to file written
statement. Non payment of the suit amount led the plaintiff to institute
the suit. Hence, the plaintiff would entitled to recover the costs of the
suit . Accordingly in answer to point No. 3 following order passed with:
ORDER
1. Suit No. 2092 of 2019 is partly decreed with cost.
2. Defendant No. 1 & 2 are ordered jointly and severally
to pay an amount of Rs.75,057/- (Rs.Seventy Five
Thousand, Fifty Seven only) with interest at the rate of
9% p.a. from the date of the suit till its realization.
3. Defendant Nos.1 & 2 are directed to pay an amount
of decree within two months from the date of this order to
Plaintiff.
4. Decree be drawn up accordingly.
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Judgment in Suit No.
2092 of 2018. 6
5. Suit No.2092 of 2018 is disposed off accordingly.
(Dictated and Pronounced in Open Court)
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:20.10.2023 Greater Bombay (CR 59).
Declared on : 20.10.2023
Dictated on : 20.10.2023
Transcribed on : 06.11.2023
Checked on : 06.11.2023
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.11.2022 at 5.00 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 20.10.2023
Order signed by P.O. on 06.11.2023
order uploaded on 10.11.2023
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Judgment in Suit No.
2092 of 2018. 7
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