Final Order 1

Order Details: Copy of Judgment
Pdf Text: EX-PARTE JUDGMENT 1 S.C.SUIT NO.394-2021
MHCC010052742018
Presented on : 19-04-2018
Registered on : 20-06-2018
Decided on : 23-07-2026
Duration : Yr 8, M 3, D 4
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C. SUIT NO. 394 OF 2021
(S.C. SUIT NO. 1503 OF 2018)
Exhibit No.:
Mr. Jayantilal Khimji Nandu, }
M/s. J.K. Corporation, having }
office at Office-144, B-Wing, }
Kewal Industrial Estate, S.B. }
Marg, Lower Parel(W), Mumbai}
-400 013 and previously having}
office at 2, Ibrahim Courts, St. }
Paul Street, Hindmata, Dadar, }
Mumbai-400 014. } ...Plaintiff
Versus
1. M/s. Veeraj Creation }
2. Jayprakash J. Bhayani, Adult}
Both having office at 108-08, }
K. Gomes Industrial Estate, }
Behind Lathia Rubber Lane, }
Andheri-Kurla Road, Sakinaka, }
Andheri, Mumbai-400 072. } ...Defendants
Appearances:-
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EX-PARTE JUDGMENT 2 S.C.SUIT NO.394-2021
For the Plaintiff: Smt. Jaya Tiwari, Advocate.
For the Defendant: None (proceeded ex parte)
CORAM : HHJ SMT. PADMAJA. M. KATHARE
JUDGE, (C.R.NO.59)
DATE : 23/07/2026
Claim : Suit for Recovery
EX- PARTE JUDGMENT
1. The Plaintiff has filed the present suit against the Defendants for
recovery of a sum of Rs. 20,01,752/- (Rupees Twenty Lakh One Thousand
Seven Hundred Fifty-Two only), comprising the principal amount of Rs.
8,41,578/- and interest of Rs. 11,60,174/- calculated @ 18% p.a. up to
15/4/2018, together with further interest from the date of filing of the suit
till its realisation.
Case of plaintiff in brief:
2. Plaintiff supplied material to defendants between 26/08/2014–
25/06/2015 based on Defendant No.2's assurance of prompt payment
(with 18% p.a. interest on delay), made on his own behalf and for
Defendant No.1.
3. After partial payments, Rs.8,41,578/- remained outstanding.
Defendants issued 13 cheques (dated 03/04/2018) totaling Rs.6,90,957/-
as part payment. All were dishonored/returned by the bank.
4. Plaintiff sent a legal notice (16/4/2018) demanding payment;
defendants failed to pay. Summons of the suit was duly served upon the
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EX-PARTE JUDGMENT 3 S.C.SUIT NO.394-2021
defendants. Despite service, the defendants failed to appear and file their
Written Statement within the time prescribed and did not prosecute their
defence with due diligence. Accordingly, this Court was pleased to proceed
ex-parte against the Defendants.
5. The Plaintiff submits that no prejudice will be caused to the
Defendant if the suit is decreed, whereas refusal would cause loss to the
Plaintiff. The plaint is verified by the authorized officer, and no other suit
is pending on the same cause of action. The Plaintiff relies on documents
filed and may produce additional documents if required. As per the
contention of the plaintiff, suit is within limitation. Hence, plaintiff
filed suit for recovery of amount. In-spite of summons, defendants failed
to appear. Suit proceeded ex-parte against defendant.
6. On aforesaid facts and circumstances, following points arise for my
determination. I have recorded my findings to them together with reasons
as under.
Sr.
No.
POINTS FOR DETERMINATION FINDINGS
1) Whether the Plaintiff proves that he
sold, supplied and delivered
goods/material to the Defendants
between 26/8/2014 and 25/6/2015
under various bills, as alleged?
In the affirmative
2) Whether the Plaintiff proves that a sum
of Rs. 8,41,578/- remains due and
payable by the Defendants towards the
balance consideration for the said
goods?
In the affirmative
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EX-PARTE JUDGMENT 4 S.C.SUIT NO.394-2021
3) Whether the Plaintiff proves that the
Defendants, in part-satisfaction of the
said liability, issued 13 cheques dated
3/4/2018 aggregating Rs. 6,90,957/-,
and that the said cheques, on
presentation, were dishonoured and
returned unpaid?
In the affirmative
4) Whether the Plaintiff is entitled to
interest @ 18% p.a. on the outstanding
amount, and if so, to what amount?
In the affirmative
5) What order and decree? Suit is decreed as
per final order
: REASONS :
AS TO POINT NOS.1 to 3 :
7 The Plaintiff has led evidence in support of its claim by way of
affidavit in lieu of examination-in-chief of Jayantilal Khimji Nandu (PW1)
and exhibited the documents relied upon, being Exhibit-6 - ledger account,
Exhibit – 7 copy of list of cheques, Exhibit-8 Colly – original cheques dated
03/04/2018 (Sr.No.3 to 15), Exhibit-9 – copy of chart and Exhibit-10 -
notice dated 16/4/2018.
8. The Plaintiff has, by his uncontroverted pleading and ex-parte
affidavit evidence, established that he was carrying on business as sole
proprietor of M/s. J.K. Corporation; that Defendant No. 2, for himself and
on behalf of Defendant No. 1, represented to the Plaintiff that he carried
on business in the name and style of Defendant No. 1 and was financially
sound; that on the strength of such representation the Plaintiff sold,
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EX-PARTE JUDGMENT 5 S.C.SUIT NO.394-2021
supplied and delivered material to the Defendants between 26/8/2014 and
25/6/2015 under various bills, which material was received by the
Defendants without demur as to quality, quantity or rate at any point of
time; that part-payments were made from time to time leaving a balance of
Rs. 8,41,578/- as per the ledger account - Exhibit-6; and that towards part-
satisfaction of the said liability the Defendants issued 13 cheques, all dated
3/4/2018, aggregating Rs. 6,90,957/-, which cheques, upon presentation,
were returned unpaid by the Defendants' bankers for want of
funds/payment, as evidenced by Exhibit-8 Colly. These facts, being
unrebutted, are accepted as proved. Points No.1 to 3 are answered in the
affirmative.
AS TO POINT NO. 4:
9. Point (iv): It stands established, and is unrebutted, that the
Defendants had specifically undertaken that in the event of delay in
payment they would pay interest on the outstanding amount @ 18% p.a.
The Plaintiff has placed on record a chart of interest calculated at the said
rate - Exhibit-9, quantifying the interest accrued up to 15/4/2018 at Rs.
11,60,174/-. Despite the Plaintiff issuing a notice dated 16/4/2018
through his Advocate - Exhibit-10 calling upon the Defendants to make
payment, the Defendants failed and neglected to pay. In the circumstances,
the Plaintiff is held entitled to interest as claimed, and to further interest
on the principal sum from the date of filing of the suit till
payment/realisation. Point No.4 is answered in the affirmative.
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EX-PARTE JUDGMENT 6 S.C.SUIT NO.394-2021
AS TO POINT NO. 5:
10. Point (v): In view of the findings recorded above, the Plaintiff has
proved his claim for principal of Rs. 8,41,578/- and interest of Rs.
11,60,174/- up to 15/4/2018, totalling Rs. 20,01,752/-, together with
pendente lite and future interest. The Plaintiff is entitled to a decree as
prayed in prayer clause (a) of the plaint. Point No.5 is answered in the
affirmative and, accordingly, pass the following order:-
ORDER
(1) The suit is decreed ex-parte with costs, in the following
terms:
(a) The Defendants are directed to pay to the Plaintiff a sum
of Rs. 14,67,178/- (Rupees Fourteen Lakh Sixty Seven
Thousand One Hundred Seventy Eight only), being
Rs. 8,41,578/- towards the principal amount and
Rs.6,25,600/- towards interest calculated @ 9% p.a.
from the date of filing of the suit till the date of
realisation.
(b) The Defendants shall further pay interest on the principal
sum of Rs. 8,41,578/- @ 9 p.a. from the date of filing
of the suit till the date of realisation.
(2) Decree be drawn up accordingly.
Sd/-
(PADMAJA M. KATHARE)
Judge
DATE.:23/07/2026. City Civil Court,
Gr. Mumbai
Dictated & directly typed on : 23/07/2026.
Signed on:23/07/2026.
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EX-PARTE JUDGMENT 7 S.C.SUIT NO.394-2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23.07.2026 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SMT. P.M. Kathare (Court Room
No.59)
Date of Pronouncement of
JUDGMENT/ORDER
23.07.2026
JUDGMENT/ORDER signed by P.O.
on
23.07.2026
JUDGMENT/ORDER uploaded on 23.07.2026
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