Final Order 1

Order Details: Copy of Judgment
Pdf Text: SS No. 528/ 2021 Cogencis Vs. Smart Equity Judgment (Exh.14) 1 of 6
MHCC010051422020 Suit Lodged on : 24.11.2020
Suit Admitted on : 26.07.2021
Suit Decided on : 04.07.2026
Duration : 05 Y : 07 M : 10 D
Exhibit : 14
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 – Summary Court
Summary Suit No. 528 OF 2021
Cogencis Information Services Limited,
Ms. Anuradha Khollam,
Authorized Representative
Ashok Silk Mills Compound, 202, L.B.S. Marg,
Ghatkopar (West), Mumbai – 400 086.
… Plaintiff.
Versus
Smart Equity Brokers Private Limited,
Director, Age : Adult, FC-02, 4th Floor,
Tdi Mall, Vishal Enclave, Rajouri Garden,
New Delhi – 110027. … Defendant.
Appearances :
Plaintiff : Adv. Manthan Birje i/b Adv. Amit Tungare.
Defendant : Ex-parte
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 04.07.2026
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JUDGMENT
(Delivered on this 4th day of July, 2026)
Suit for recovery of amount of Rs.62,837/- with interest.
1. Plaintiff sued defendant to recover Rs.62,837/- and also
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prayed for interest @ 18% per annum from the date of filing of the suit
till realization of entire amount.
Facts giving rise to the dispute are as under :
2. Plaintiff is a public limited company and defendant is a
company incorporated under Companies Act. In October, 2019,
defendant approached plaintiff for engaging services of plaintiff for
providing Commodity Institutional with Live Comex, DGCX Live, NSE
Currency Future Package. Accordingly, plaintiff rendered its services to
defendant and raised invoice date 02.12.2019. After adjusting the
amount under Credit Note 06.02.2020, balance amount towards
defendant is Rs.54,745/-. Inspite of several requests, defendant failed to
repay that amount. Plaintiff sent legal notice on 11.08.2020. As amount
was not paid, plaintiff filed this suit.
3. Writ of summons was issued against defendant. Plaintiff filed
service affidavit Exh.02 before the then Presiding Officer. Inspite of
service of writ of summons, defendant did not appear. Hence, suit
proceeded ex-parte against defendant vide order dated 05.03.2022.
4. In order to prove its case, plaintiff filed evidence affidavit of
Ms. Anuradha Khollam vide Exh.03 and relied on various documents
vide Exh.06 to Exh.13. I have heard Ld. Advocate for plaintiff.
5. Considering nature of dispute, following points arise for my
determination and I have recorded my findings for the reasons
discussed as follows:
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Sr. Points Findings
1. Does plaintiff prove that defendant
availed services of plaintiff and failed
to repay amount as agreed?
In the Affirmative.
2. Whether plaintiff is entitled to recover
any amount from defendant with
interest? If yes, what would be that
amount and rate of interest?
Plaintiff is entitled to
recover Rs. 62,837/-
and entitled to 9% p.a.
interest on principal
amount Rs.54,745/-
from the date of suit till
realization of entire
amount.
3. What Order and decree? Suit is partly decreed
with costs.
R E A S O N S
Reasons as to Point Nos. 1 to 3
As all points are interconnected with each other, so they are discussed
together as under :-
6. I have gone through evidence affidavit of plaintiff which is at
Exh.03. Said affidavit is nothing but replica of the plaint. Plaintiff’s
witness Ms. Anuradha offered her evidence on the strength of copy of
Board Resolution which is at Exh.13. This witness deposed how
defendant availed services of plaintiff and failed to repay amount.
Subscription Form dated 01.10.2019 is at Exh.06, Copy of invoice dated
01.01.2020 is at Exh.08. These two documents establish nature of
services availed by defendant along with billing details.
7. As deposed by plaintiff credit note 06.02.2020 Exh.10 was
adjusted against the outstanding amount. Thereafter, Rs.54,745/- is the
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principal amount due with Rs.8,092/- i.e. amount of interest till date of
filing suit. Thus, total amount due is Rs.62,837/-. Plaintiff proved letter
10.12.2019 Exh.09 and legal notice 11.10.2020 Exh.11. Ledger account
Exh.12 strongly support contention of plaintiff about outstanding
amount.
8. This suit is lodged well within limitation on 24.11.2020.
Inspite of having opportunity, defendant did not appear and contested
the claim on merit. Hence, plaintiff is entitled to recover Rs.62,837/-.
Said amount also includes amount of interest Rs.8,092/- till date of
filing suit. So far as, future interest is concerned, 18% p.a. interest is
exorbitant, hence, plaintiff is entitled to 9% p.a. interest on principal
amount Rs.54,745/-. Hence, I answer point Nos.1 in affirmative and
point No.2 as ‘Plaintiff is entitled to recover Rs. 62,837/- and
entitled to 9% p.a. interest on principal amount Rs.54,745/- from
the date of suit till realization of entire amount.’ Suit thus deserves
to be partly decreed with costs. As answer to point No.3, following
order is passed :
ORDER
1. Summary Suit No. 528/2021 is partly decreed with costs.
2. Plaintiff is entitled to recover Rs. 62,837/- (Rupees Sixty Two
Thousand Eight Hundred and Thirty Seven Only) and entitled
to 9% p.a. interest on principal amount Rs.54,745/-(Rupees
Fifty Four Thousand Seven Hundred and Forty Five Only)
from the date of suit till realization of entire amount.
3. Defendant shall pay above referred amount with interest to
plaintiff within three months from date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
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6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Mumbai
Dated : 04.07.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04.07.2026 16.30 p.m. Manisha Srinath
Stenographer - Grade I
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
04.07.2026
Judgment/order signed by P.O on 04.07.2026
Judgment/order uploaded on 04.07.2026
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