Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010053392018
Filed on :20.04.2018
Registered On: 04.06.2018
Decided on :08/03/2021
Duration :Y-02/M-10/D-19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 566 OF 2018
EXHIBIT-5
Dipak Ramanlal Dani
Aged about 65 years
Indian Inhabitant, carrying on
business in the name and style of
The Advance Tube Co., as its
sole proprietor at 99, Nagdevi Street,
Mumbai-400 003 ...Plaintiff
V/s.
Rochem Green Energy Pvt. Ltd.
A company incorporated under the
Companies Act, 1956, having its office
at 101, HDIL Towers, Anant Kanekar
Marg, Bandra (E), Mumbai-400 051 ... Defendant
SUIT FOR RECOVERY OF RS.3,03,500/-
Appearance:-
Adv. Mr. Ganesh Shetty for the plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 08/03/2021
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Summ. Suit No.566/2018
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JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a private limited company. In Pursuance of
the purchase orders of the defendant dated 20.03.2014, 24.03.2014 and
23.04.2014, plaintiff sold, supplied and delivered to the defendants the
goods at the agreed rates of the aggregate value of Rs. 6,05,692/- vide
various invoices. Thereafter, the defendant made part payments of
Rs.4,05,692/- leaving a balance principal amount of Rs.2,00,000/-. As
unpaid by the defendant. The defendant failed to pay the total sum of
Rs.2,00,000/- inspite of various requests made by the plaintiff and
receipt of legal notice dated 07.09.2017. According to the plaintiff
defendant is liable to pay amount of Rs.3,03,500/- on the date of the
filing of the suit. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.3,03,500/-.
3. The suit summons were duly served on the defendant but
he failed to appear. Hence, suit is posted for judgment as per order
XXXVII Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
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Summ. Suit No.566/2018
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Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.3,03,500/- with
interest
@ 12 % per annum
on principal amount
of Rs.2,00,000/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents
4/1 Purchase orders
4/2 Five Invoices
4/3 Lorry receipts
4/4 Balance confirmation
4/5 Consolidated statement of account
4/6 Various emails
4/7 Legal Notice dated 07.09.2017
4/8 Defendant reply dated 01.02.2018
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-
4/1 to 4/8 goes to establish that plaintiff has supplied goods to the
defendant. The documents further proves that the amount of
Rs.2,00,000/- is due and payable to the plaintiff company from
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Summ. Suit No.566/2018
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defendant towards delivered of goods. But, defendant failed to pay total
amount of Rs.2,00,000/- towards purchase of goods. The documents at
list Exhibit 4/1 to 4/8 goes to establish that defendant is liable to pay
Rs.3,03,500/- to the plaintiff on the date of filing of the suit towards the
purchase of goods and therefore the defendant is avoid to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.3,03,500/- from the
defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is no
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest at the rate of 12% per annum
would be just and proper to be awarded on the principal sum adjudged
i.e. amount of Rs.3,03,500/-. Hence, point no.1 is answered in the
affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held
that the plaintiff is entitled to recover Rs.3,03,500/- from the defendant
with interest on Rs.2,00,000/-at the rate of 12% per annum from the
date of filing of the suit till its realization. Plaintiff is also entitled to
recover cost of the suit from the defendants. Hence, in answered to
point no.2, I proceed to pass the following order.
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Summ. Suit No.566/2018
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ORDER
1. The defendant shall pay Rs.3,03,500/- (Rs. Three Lakh
Three Thousand Five Hundred Only) to the plaintiff
and he shall also pay with interest on principal
amount of Rs.2,00,000/- at the rate of 12% per annum
from the date of filing of the suit till its realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date :08/03/2021 Gr. Bombay
Dictated on : 08/03/2021
Typed on : 08/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/03/2021 05.20 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
08/03/2021
JUDGMENT/ORDER signed by
P.O.on
08/03/2021
JUDGMENT/ORDER uploaded on 08/03/2021
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