Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.564/2018
Received on : 17.04.2018
Registered on : 04.06.2018
Decided on : 30.01.2019
Duration : Y M D
00 09 14
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 564 OF 2018
CNR NO.: MHCC010050232018
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. Shahagadkar Motors, ]
Proprietor firm having their ]
Address at Near Sai Mandir ]
Jalna Road, Beed – 431 122 ]
Maharashtra State ]
2. Mr. Shahagadkar Amol ]
Shivrudraappa, ]
adult, Indian Inhabitant ]
proprietor of Defendant No.1 ]
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Shahagadkar Motors ]
r/at Near Sai Mandir ]
Jalna Road, Beed – 431122 ]
Maharashtra 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.50,230/ from
defendants along with interest @
18% p.a. on the amount of
Rs.46,757/ 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.308 dated 25.10.2017 for
Rs.9,250/ alongwith its lorry receipt
No.06999390 dated 30.10.2017
2. Exh.6 (Colly.) Invoice No.315 dated 27.10.2017 for Rs.6,495/
alongwith its lorry receipt No.06999638 dated
31.10.2017
3. Exh.7 (Colly.) Invoice No.319 dated 03.11.2017 for
Rs.31,112/ alongwith its lorry receipt No.76235
dated 30.10.2017
4. Exh.8 Original two cheques alongwith its 2 bank return
memos.
5. Exh.9 Original accounts statement of the plaintiff with
the defendant
6. Exh.10 Original Legal demand Notice served to the
defendant
7. Exh.11 Speed Post receipt.
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8. Exh.12 Sealed unserved speed post packet.
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. 27649
dated 20.02.2017 for Rs.20,000/ and another cheque No.027650 dated
28.02.2018 for Rs.23,000/ both drawn on Poornawadi Nagarik
Sahakari Bank, alongwith bank return memos with remarks
“dishonoured for insufficient funds”.
7. She has further stated that defendants has paid Rs.5000/ vide
cash on 03.01.2018 and thereafter not paid a single penny and has duly
admitted his liability and thus acknowledges the outstanding amount as
their debt. She has further stated that her Advocate served on the
defendants a Legal demand notice dated 17.03.2018, which was
unserved. She has further stated that there is now due and payable by
the defendants to the plaintiff the sum Rs.46,757/ being the principal
amount alongwith the amount of interest @ 18% per annum from one
month of credit limit being 30.11.2017 till filing of the present suit as
per the particulars of claim. Plaintiff has adduced corroborating
documents which are invoices, cheques and Account Statement of
defendant with plainitff. It appears, all the averments in the plaint, oral
evidence and documentary evidence lead by plaintiff has remained
unchallenged by defendants. The oral evidence of plaintiff is
corroborated by documentary evidence. Therefore, plaintiff has proved
that defendants have failed to pay outstanding loan amount with
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interest. Therefore, plaintiff is entitled to get sum of Rs.50,230/ 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.46,757/ 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.
50,230/ t o plaintiff along with interest @ 9% p.a. on the amount
of Rs.46,757/ 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 5:52 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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