Final Order 1

Order Details: Ex-parte Judgement
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MHCC010050452018 Presented on : 17-04-2018
Registered on : 18-06-2018
Decided on : 21-10-2021
Duration : Y M D
03 04 03
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.677 OF 2021
(SUMMARY SUIT NO.616 OF 2018)
Ex.78
M/s. Vardhaman Corporation
having its registered office at 3/103,
CRamabai Wadi,
Pariwar CHS, Gr. Flr, J. N. Road,
Mulund West, Mumbai 400080. ..Plaintiff
VERSUS
Good Day Foods Pvt Ltd
having its address at A6162,
Road No. 22 Wagle Industries Estate,
Thane 400604. ..Defendant
__________________________________________________________
Ld. Advocate Harsha Shah for plaintiff.
Defendant Exparte._______________________________________
JUDGMENT
(Dated this 21st day of October, 2021)
1. Suit is for recovery of an amount of Rs.6,48,638/
alongwith future interest.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff is the supplier of hardware materials.
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Defendant is dealing in manufacturing of food articles. As per
orders placed by defendant, plaintiff supplied goods to defendant
during the period from June2016 to October2017. Plaintiff
raised invoices at the time of supply of goods. These invoices
were duly acknowledged by defendant. An amount of Rs.
5,24,901/ was due against defendant as on 08/11/2017.
Plaintiff send notice through advocate on 18/12/2017 asking
defendant to make the payment. But, defendant failed to make
the payment of outstanding amount. Hence, this suit.
3. Inspite of service of summons, defendant failed to
tender it's appearance before the Court and therefore suit
proceeded without appearance of defendant.
4. Heard Adv. Harsha Shah for plaintiff.
5. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.6,48,638/ is
outstanding against the
defendant?
Proved
2. What order? Suit is decreed as per
final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff has filed
claim affidavit of PW1 Sharad Ratilal Mehta at Ex.5. He deposes
that plaintiff supplied goods to defendant during the period from
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16/06/2016 to 10/10/2017. Defendant accepted the goods
without raising any dispute regarding quality or quantity.
Defendant failed to make the payment of outstanding amount of
Rs.5,24,901/. The oral evidence of PW1 Sharad Ratilal Mehta is
well supported by office copies of invoices (Ex.7 to Ex.74). These
invoices further show acknowledgment regarding receipt of goods
by defendant. Thus, the claim affidavit filed by plaintiff lends
unflinching support from the documents filed on record. As
discussed above, inspite of service of summons, defendant failed
to tender it's appearance before the Court and therefore, plaintiff's
claim, supported by documents, needs to be accepted under Order
37 Rule 2 of C.P.C. Thus, plaintiff has proved that an amount of
Rs.5,24,901/ is outstanding against defendant. Point no.1 is
answered accordingly.
7. Plaintiff claimed interest at the rate of 18% p.a. The
invoices filed on record contain the stipulation regarding charging
interest at the rate of 18% p.a. Thus, it can be construed that
defendant has agreed to pay interest at the rate of 18% p.a.
Taking into consideration, the nature of transaction, plaintiff is
entitled to claim agreed rate of interest i.e. 18% p.a. In the result,
following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.6,48,638/ (Rs.
Six Lacs, Forty Eight Thousand, Six Hundred and Thirty
Eight only) alongwith interest @ 18 percent p.a. on the
principal amount of Rs.5,24,901/ to plaintiff from the
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date of the suit till it's realization within two months.
3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948,
for the refund of Institution Fee.
4. Decree thus follow.
21/10/2021 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 21/10/2021
Transcribed on : 21/10/2021
Signed on : 21/10/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
21/10/21 at 04.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 21/10/21
Judgment and order signed by P.O. 21/10/21
Judgment/order uploaded on 21/10/21
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