Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.572/2018
Received on : 17.04.2018
Registered on : 05.06.2018
Decided on : 30.01.2019
Duration : Y M D
00 09 15
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 572 OF 2018
CNR NO.: MHCC010050222018
Falco Auto Corporation, ]
A proprietary firm ]
Having its office at ]
22, Dilip Niwas, ]
Benham Hall Lane ]
Opera House, Mumbai – 400 004 ]
Through its Proprietor ]
Mrs. Kamaljit Kaur Chadha ]
Aged 49 years, Indian, ]
Inhabitant of Mumbai ] ….Plaintiff.
Versus
1. Rajlaxmi Auto Stores, ]
Proprietor firm having their ]
Address at 70, Tamil Sangam ]
Road (Upstairs), Madurai ]
625001, Tamilnadu State ]
2. Mr. Murugesan T., ]
adult, Indian inhabitant ]
proprietor of defendant No.1 ]
Rajlaxmi Auto Stores ]
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r/at 70, Tamil Sangam ]
Road (Upstairs), Madurai ]
625 001, Tamilnadu State ]...Defendants.
Appearances:
Advocate Ms. Ashnil for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 30th JANUARY, 2019.
[ J U D G M E N T ]
Plaintiff case in short is as under :
1. Plaintiff supplied goods to defendant from time to time on credit
note. Plaintiff has further stated that defendants have a running credit
account in the account books of the plaintiff operated in the due course
of business. Plaintiff has raised bills of each and every consignment for
payment and the defendants have acknowledged the receipt of such
bills raised by the plaintiff. Plaintiff has further stated that defendants
had issued cheques as consideration for goods supplied to plaintiff, but
cheques issued by defendants were dishonored with the remark
“Dishonoured for insufficient balance” by the banker. Therefore,
plaintiff issued legal notice calling upon defendants to repay
outstanding amount. Therefore, plaintiff filed present suit.
2. Though defendants are legally served with summons they failed
to appear, therefore, suit has proceeded exparte against both of the
defendants.
3. Heard the Ld. Advocate for the plaintiff.
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4. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.1,58,714/ from
defendants along with interest @
18% p.a. on the principal amount of
Rs.1,23,534/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff has filed evidence in the form of affidavit of Mrs.
Kamaljit Kaur Chadha (P.W.1) below Exh.2. Plaintiff relied upon the
following documents as documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.5
(Colly.)
Original invoice No.443 dated 16.02.2016 for
Rs.17,289/ alongwith its lorry receipt
No.8534435 dated 19.02.2016
2. Exh.6
(Colly.)
Invoice No.444 dated 16.02.2016 for Rs.19,967/
alongwith its lorry receipt No.8534436 dated
19.02.2016
3. Exh.7 Invoice No.445 dated 16.02.2016 for Rs.19,962/
4. Exh.8 Invoice No.446 dated 16.02.2016 for Rs.6,284/
5. Exh.9 Invoice No.452 dt. 24.02.2016 for Rs.19,788/
6. Exh.10
(Colly.)
Invoice No. 453 dt. 24.02.2016 for Rs. 17,004/
along with its lorry receipts No. 8534869 dt.
26.02.2016
7. Exh.11
(Colly.)
Invoice No. 454 dt. 24.02.2016 for Rs.7,283/
along with its lorry receipt No. 8534868 dated
26.02.2016
8. Exh.12 Invoice No. 455 dated 24.02.2016 for Rs.15,627/
9. Exh.13 Original two cheques along with its 2 bank return
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memos
10. Exh.14 Original Legal demand notice served to the
defendant dt. 13.09.2017 and 28.10.2017
11. Exh.15 Speed Post receipt
12. Exh.16 Sealed unserved speed post packet with postal
remark 'refused'
13. Exh.17 Original accounts statement of the plaintiff with
the defendant.
AS TO POINT NOS. 1 AND 2:
6. Mrs. Kamaljit Kaur Chadha (P.W.1) has stated in her evidence
filed in the form of evidence that against the defendants valid and
confirmed order the plaintiff sold and supplied goods to the defendants
from time to time on credit basis. She has further stated that the
defendants had issued two cheques in her favour bearing Nos. 548036
dated 30.09.2016 for Rs.50,000/ and another cheque No.548034 dated
10.10.2016 for Rs.65,000/ both drawn on Tamilnad Mercantile Bank
Ltd alongwith bank return memos with remarks “dishonoured for
insufficient funds”.
7. She has further stated her Advocate served to the defendants
two legal demand notice which were unserved with a postal remark
'refused'. She has further stated that the defendants have not paid a
single penny till dated and thus the defendants has admitted his liability
and thus acknowledges the outstanding amount as their debt. She has
further stated that there is now due and payable by the defendants to
the plaintiffs the sum of Rs.1,23,534/ being the principal amount
alongwith the amount of interest @ 18% per annum from one month of
credit limit being 31.03.2016 till filing of the present suit as per the
particulars of claim. Plaintiff has also adduced original invoices
alongwith lorry receipts and also cheques issued by defendants in their
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favour and copy of demand notice. It appears, all the averments in the
plaint, oral evidence and documentary evidence lead by plaintiff has
remained unchallenged by defendant. The oral evidence of plaintiff is
corroborated by documentary evidence. Therefore, plaintiff has proved
that defendants have failed to pay outstanding loan amount with
interest. Therefore, plaintiff is entitled to get sum of Rs.1,53,714/ from
both the defendants.
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.1,23,534/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant Nos.1 and 2 are jointly directed to pay amount of Rs.
1,58,714/ to plaintiff along with interest @ 9% p.a. on the
principal sum of Rs. 1,23,534/ from the date of filing of the suit
till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 30.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.01.2019
Transcribed on : 30.01.2019
Signed on : 30.01.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02.02.2019 At 5:55 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.09)
Date of pronouncement of
Judgment/Order
30.01.2019
Judgment/Order signed by P.O. on 30.01.2019
Judgment/Order uploaded on 02.02.2019
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