Final Order 1

Order Details: Copy of Judgment
Pdf Text: : 1 : Judgment in Summary Suit No. 778/19
Received on : 03062019
Registered on : 02082019
Decided on : 04112019
Duration : 00Y 05M 01D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 778 Of 19
CNR NO.: MHCC010054362019
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 Kularni
Age : 28 years, Occupation : Service ...Plaintiff
Versus
1. Mrs. Ashwini Dabale
Age : Not known, Occ : Business
Director of Busy Bee English School
Jai Maharashtra Servicing Center
Kodali Road, At Post : Wathar,
Tal. Hatkanagle, Dist : Kolhapur 416 112
Maharashtra
2. Busy Bee English School
Age : Not applicable, Occ : Not Applicable
At Post : Wathar 416 112.
Tal. Hatkanagle, Dist : Kolhapur
Maharashtra. ….Defendants
Appearances:
Advocate M/S J.R. Vakil & Associates for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
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: 2 : Judgment in Summary Suit No. 778/19
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 4th NOVEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.47,999/(Rupees Forty
Seven Thousand Nine Hundred and Ninety Nine only).
2. Plaintiff case in nut shell is that as per the oral orders of
defendants plaintiff
in the month of July 2016 sold, supplied and delivered goods to
defendants. Plaintiff raised invoices of Rs.55,209/. Thereafter credit
notes were issued in favour of defendant of Rs.13,264/. The defendant
has paid sum of Rs. 13,100/. A remaining sum of Rs.28,845/ was due
on defendant. Defendant refused to pay the amount. Defendant is in
default of Rs.47,999/(Rupees Forty Seven Thousand Nine Hundred
and Ninety 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.47,999/(Rupees
Yes
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: 3 : Judgment in Summary Suit No. 778/19
Forty Seven Thousand Nine
Hundred and Ninety Nine only) is
due and recoverable from
defendants?
3. Whether plaintiff is entitled for
recovery of Rs.47,999/(Rupees
Forty Seven Thousand Nine
Hundred and Ninety Nine only)
with interest as claimed?
Yes
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.7 and filed copy of Board Resolution,
Original purchase order, copy of Email order, copy of L.R., copies of
three invoices, copy of credit note and copy of Sales ledger.
6. Heard Ld. counsel for plaintiff.
7. The affidavit is supported by documents. The copy of Board
Resolution, Original purchase order, copy of Email order, copy of L.R.,
copies of three invoices, copy of credit note and copy of Sales ledger
shows that as per the oral orders of defendants plaintiff in the month of
July 2016 sold, supplied and delivered goods to defendants. Plaintiff
raised invoices of Rs.55,209/. Thereafter credit notes were issued in
favour of defendant of Rs.13,264/. The defendant has paid sum of Rs.
13,100/. A remaining sum of Rs.28,845/ was due on defendant.
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: 4 : Judgment in Summary Suit No. 778/19
Defendant refused to pay the amount. Defendant is in default of
Rs.47,999/(Rupees Forty Seven Thousand Nine Hundred and Ninety
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 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.47,999/(Rupees Forty Seven Thousand Nine Hundred
and Ninety 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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