Final Order 2

Order Details: Copy of Judgment
Pdf Text: 1
Presented on : 03/06/2019
Decided on :05/02/2020
Durationon : 00Ys.08Ms.02Ds.
CNR No.MHCC01-005444-2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
COMMERCIAL SUIT NO. 155 OF 2019
M/s.Chetana Book Depot,
a partnership frr, (oo knoon as
Chetana Publications India) LLP,
having its registered) ofce at
4th foor,’B’ iing, Building’’’) Trrade Link,
Karla City, Above Borbay Canteen,
Looer Parel, Murbai-400 013. ....Plaintif
V/s
Mr.Surendra Daga, an adult, age not knoon
Proprietor of Stationers Mart,
(okhar Road, Bhinasar, Bikaner-334403,
State Rajasthan. ....Defendant
APPEARANCE:-
Advocate Sudhakar Lakhani for plaintif.
Defendant already proceeded exparte.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE :05th February, 2020
JUDGMENT
Trhis is the suit for recovery of Rs.4,26,282/-alongoith
interest.
2. Trhis is the suit for recovery of arount of Rs.4,26,282/-
alongoith interest at the rate of 18% p.a. Trhe plaintifs are a
partnership frr. Trhe defendant is the Proprietor of
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M/s.Stationers Mart. Pursuant to the order placed by the
defendant for supply of educational books, the plaintifs sold,
supplied and delivered to the defendant during the ronth of
February, 2017 to April 2017. Trhe said invoices inter alia
provide that interest @ 18% p.a.oould be charged if payrent
is rade after 30 days fror the date of invoices. Trhe
defendant is therefore bound and liable to pay interest as
provided in the said invoices. Inspite of repeated requests,
derands by the plaintifs, the defendant has failed and
neglected to rake payrent of the said balance arount. Trhe
plaintifs by their Advocate’s notice dated 25/10/201. In reply
to the said notice, the defendant through his Advocate’s letter
dated 17/11/2018 falsely denied his liability to pay the said
arount to the plaintifs. Trherefore, the suit.
3. irit of surrons oas issued to the defendants. Trhe
service afdavit is also on record. Inspite of the sare,
defendant did not appear in the ratter and did not contest
the suit. Trherefore, the suit is proceeded exparte against
defendant. Afdavit of evidence plaintif Exh-4), List of
original docurents Exh-5),Copy of pooer of attorney Exh-
6), Invoice dated 4/3/2017 Exh-7), Invoice dated 9/3/2017
Exh-8), Invoice dated 16/3/2017 Exh-9), Invoice dated
30/3/2017 Exh-10), Lorry receipt Exh-11), Lorry receipt
Exh-12),Lorry receipt Exh-13), Ofce copy of notice dated
25/10/2018 Exh-14), Copy of reply dated 17/11/2018 Exh-
15), ’vidence close pursis Exh-16).
4. Trhe testirony of the oitness of the plaintif and the
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docurents produced on record rerained unchallenged as the
ratter is proceeded exparte against defendants. (o rebuttal
evidence is brought on record by the defendants to disbelieve
the version of the plaintif to hold that the arount ohich is
claired is due and payable to the plaintif by the defendants
oith interest.
5. Hence, I pass follooing order.
ORDER
1. Suit is decreed oith costs.
2. Defendant do pay principal arount of Rs.4,26,282/- oith
interest @ 18% p.a. to the plaintif till realization of
entire arount oithin three ronths.
3. Decree be draon up accordingly.
Date:-05/02/2020 Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Borbay
Dictated on :- 05/02/2020
Tryped on :- 05/02/2020
H.H.J.Signed on :- 05/02/2020
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“C’RTrIFI’D TrO B’ TrRU’ A(D CORR’CTr COPY OF TrH’ ORIGI(AL
SIG(’D JUDGM’(Tr/ORD’R.”
05.02.2020 at 4.35 p.r. Mrs.P.P.Khanvilkar)
UPLOAD DATr’ A(D TrIM’ (AM’ OF STr’(OGRAPH’R
(are of the Judge iith Court roor no.) SHRI M.A.BHOSALE
(C.R. (O.32)
Date of Pronouncerent of JUDGM’(Tr/
ORD’R
05.02.2020
JUDGM’(Tr/ORD’R signed by P.O. on 05.02.2020
JUDGM’(Tr/ORD’R uploaded on 05.02.2020
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