Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Sum. Suit No. 601 of 2019
Filed on : 12.06.2019
Registered on : 12.06.2019
Decided on : 23.01.2020
Duration : Year 00 Month07 Days11
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.601 OF 2019
(CNR NO. MH CC010049662019)
Exhibit14
Hiren Dineshchandra Mehta.
Age.: 38 years, Occ.: Business,
Sole proprietor of M/s. Mech Tech Products
Address : 603, Krishna Kunj, No.3,
Tambe Nagar, S.N.Road, Mulund (West)
Mumbai – 400 080. ….Plaintiff
V/s.
Ms. Sheetal Rao,
Age. : not known, Occ.: Business,
Sole proprietor of M/s. Rao Exports,
Address : Room No.154A, Ashok Nagar,
Hill No.3, Behind Home Guard Camp,
Near Budha Vihar, Kurla (West),
Mumbai – 400 070. ... Defendant.
SUIT FOR RECOVERY OF RS.92,942/
Appearance:
Mr.Arun Kumar i/b Legal Specturum, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 23 rd January, 2020
JUDGMENT
1. This is a summary suit under order XXXVII of Code of Civil
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Judgment 2 Sum. Suit No. 601 of 2019
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a proprietor of M/s. Mech Tech Products, carrying
on business interalia as manufacturers of precision turned and pressed
components etc. and having office at Mumbai. The defendant is a
proprietor of the firm M/s. Rao Exports interalia carrying on business of
global exports of Indian spices and food grains, manufacturer of
industrial fasteners, dealers in all kind of metal scrap etc. Pursuant to
the purchase Order received from the Defendant's at Plaintiff's aforesaid
place of business situated at Mumbai, plaintiff sold, dispatched and
delivered goods as per their requirement and raised invoice of
Rs.2,49,875/ as provided on defendant's purchase orders which were
duly accepted and acknowledged by the defendants. It is case of the
plaintiff that defendant had issued one cheque bearing no. 668526
dated 8.01.2018 for a sum of Rs.1,85,942/ drawn on ICICI Bank,
Ghatkopar West Branch, but same was dishonoured with remark '' funds
insufficient''. It is further contended that defendant had made part
payment of which goods purchased from plaintiff. It is further
contended that defendants have failed and neglected to make payment
of the balance amount to the plaintiff inspite of demands, reminders
and receipt of the legal notice dated 13th August, 2018. The total suit
claim of the plaintiff for Rs.92,942/.
3. The suit summons were duly served on the defendant but he
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:
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Judgment 3 Sum. Suit No. 601 of 2019
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.92,942/ with
interest
@ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. Plaintiff Hiren Dineshchandra Mehta has filed his affidavit at
Exhibit 2. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit4 This document is a purchase order
no.09.
dated 13/02/2017
Exhibit5 This document is a purchase order
no.11.
dated 12/03/2017
Exhibit 6 This document is a purchase order
no.10.
dated 25/03/2017
Exhibit 7 This document is a office/duplicate
copy of invoice no.176 along with
delivery challan.
dated 23/03/2017
Exhibit 8 This document is a office/duplicate
copy of invoice no.2 along with
delivery challan.
dated 01/04/2017
Exhibit 9 This document is a office/duplicate
copy of invoice no.26 along with
delivery challan.
dated 26/04/2017
Exhibit 10 This document is a original
dishonoured cheque bearing no.
668526 along with original bank
return memo.
dated 08/01/2018
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Judgment 4 Sum. Suit No. 601 of 2019
Exhibit 11 This document is plaintiff's
advocate's demand notice along
with postal records.
dated 25/4/2018.
Exhibit 12 This document is office copy of
Demand notice of plaintiff's
advocate.
dated 13/8/2018
Exhibit 13 This document is Extract of Ledger
account of the defendant's
maintained by the plaintiff in its
books of account.
for the period
01.04.2016 to
31.03.2016
AS TO POINT NO.1
6. All the documents produced by the plaintiff at list Exhibit 4, 5, 6,
7, 8, 9, 10, 11, 12 and 13 goes to establish that plaintiff has sold and
delivered total goods worth of Rs.2,49,875/ to defendants. The
documents further prove that the amount of Rs.92,942/ is due and
payable to the plaintiff company from defendants towards delivered of
goods. But, defendants failed to pay total amount of Rs.92,942/
towards purchase of goods. The documents at list Exhibit4 to Exhibit
13 goes to establish that defendant is liable to pay Rs.92,942/ to the
plaintiff on the date of filing of the suit towards the purchase of goods
and therefore the defendant is avoid to pay the balance amount to the
plaintiff. In this background, it is held that plaintiff is entitle to recover
sum of Rs.92,942/ from the defendant.
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 18% 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
express contract existing between the parties as to the rate of interest
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Judgment 5 Sum. Suit No. 601 of 2019
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.92,942/. 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.92,942/ from the defendant with
interest at the rate of Rs.10% 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 defendant. Hence, in answered to point no.2 I proceed to pass
the following order :
: ORDER:
1. The Defendant shall pay Rs.92,942/ (Rupees
Ninety Two thousand Nine Hundred Forty Two only)
to the plaintiff with interest at the rate of 10% per
annum from the date of filing of the suit till its
realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if aklny, be refunded as per the rules.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 23/01/2020
Typed on : 23.01.2020
Signed on : 31.01.2020
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Judgment 6 Sum. Suit No. 601 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
31.01.2020 01.45 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 23.01.2020
Order signed by P.O. on 23.01.2020
Order uploaded on 31.01.2020
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