Final Order 1

Order Details: Copy of Judgment
Pdf Text: : 1 : Judgment in
Summary Suit No. 776/19
Received on : 03062019
Registered on : 02082019
Decided on : 04112019
Duration : 00Y 05M 01D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.776 Of 19
CNR NO.: MHCC010054302019
Jeevandeep Edumedia Pvt. Ltd.
Having registered office at
Sun Paradise Business Plaza, First Floor,
Senapati Bapat Marg, Lower Parel,
Mumbai 400 013,
Through its Assistant Manager Legal
Mrs. Neha Nachiket Kulkarni
Age 28 years, Occupation : Service. ...Plaintiff
Versus
1. Mr. Chagan Trimbak Nandgude (Founder)
Age : Not known, Occ : Not known,
Tal : Indpaur, Dist : Pune, Post : Nirgudi,
Mhasobachiwadi – 413 130, Maharashtra
2. Yashodeep English Medium School,
Age : Not applicable, Occ : Not applicable,
(Shri Yasgwant Bahu Uddeshiya Sanstha's)
Tal : Indpaur. Dist : Pune,
Mhasobachiwadi 413 130, Maharashtra ….Defendants
Appearances:
Advocate M/S J.R. Vakil & Associates for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 4th NOVEMBER 2019
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: 2 : Judgment in
Summary Suit No. 776/19
J U D G M E N T
This is a suit for recovery of Rs.56,709/(Rupees Fifty Six
Thousand Seven Hundred and Nine only).
2. Plaintiff case in nut shell is that as per the oral orders of
defendants plaintiff
in the month of May and June 2016 sold, supplied and delivered goods
to defendants. Plaintiff raised invoices of Rs.1,46,931/. Thereafter
credit notes were issued in favour of defendants of Rs.1,16,965/. A
sum of Rs.29,966/ was due on defendants. Defendants refused to pay
the amount. Defendants are in default of Rs.56,709/(Rupees Fifty Six
Thousand Seven Hundred and Nine only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
he has supplied goods to
defendant?
Yes
2. Whether plaintiff proves that
amount of Rs.56,709/(Rupees
Fifty Six Thousand Seven Hundred
and Nine only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.56,709/(Rupees
Fifty Six Thousand Seven Hundred
Yes
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: 3 : Judgment in
Summary Suit No. 776/19
and Nine only) with interest as
claimed?
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Mrs. Neha Nachiket Kulkarni,
authorized person vide Exh.6 and filed copy of Board Resolution, copies
of original orders, copy of Email order, copies of four L.Rs., copies of
four invoices, copies of two credit notes, copy of Sales ledger, copy of
Demand Notice, Postal Receipt and Postal Acknowledgment.
6. Heard Ld. counsel for plaintiff.
7. The affidavit is supported by documents. The copy of Board
Resolution, copies of original orders, copy of Email order, copies of
four L.Rs., copies of four invoices, copies of two credit notes, copy of
Sales ledger, copy of Demand Notice, Postal Receipt and Postal
Acknowledgment shows that as per the oral orders of defendants,
plaintiff in the month of May and June 2016 sold, supplied and
delivered goods to defendant. Plaintiff raised invoices of Rs.1,46,931/.
Thereafter credit notes were issued in favour of defendants of
Rs.1,16,965/. A sum of Rs.29,966/ was due on defendants.
Defendants refused to pay the amount. Defendants are in default of
Rs.56,709/(Rupees Fifty Six Thousand Seven Hundred and Nine only).
As far as rate of interest is concerned plaintiff has prayed for rate of
18% p.a. The said rate of interest is mentioned in invoices and can be
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: 4 : Judgment in
Summary Suit No. 776/19
granted. Therefore, point No.1 to 3 is answer as 'Yes' and following
order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to the plaintiff the
amount of Rs.56,709/(Rupees Fifty Six Thousand Seven Hundred and
Nine only) with interest @ 18% p.a. from the date of filing of the suit
till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 04/11/2019 City Civil Court,Gr.
Bombay
Dictated on : 04/11/2019
Transcribed on : 04/11/2019
Signed on : 04/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.11.2019 at 3.00 p.m. Mrs. Aparna V. Lele
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
04/11/2019
Judgment/Order signed by P.O. on 04/11/2019
Judgment/Order uploaded on 05/11/2019
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