Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010054862019
Filed on : 03/06/2019
Registered on : 21/08/2019
Decided on : 05/01/2021
Duration : Year 1 Month-07 Days-03
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.836 OF 2019
Ex.14
Jeevandeep Edumedia Pvt. Ltd.
Having registered Office at Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Manager Legal
Mrs. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1. Mr. Kunal Dangat (Director)
Age : Not Known, Occupation Not Known
Nirmala Sadan, Behind Narayani Sweet
Ambedkar Chowk, Ingale Nagar,
Warja Naka, Pune- 411 052, Maharashtra
2.Blue Horizon School
Age: Not applicable, Occupation Not Applicable
Nirmala Sadan, Behind Narayani Sweet
Ambedkar Chowk, Ingale Nagar,
Warja Naka, Pune- 411 052, Maharashtra ... Defendants
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SUIT FOR RECOVERY OF RS.25,497/-
Appearance:-
Ms. Hetal Vakil Advocate for the plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 05/01/2021
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 under the
Companies Act doing business as educational publishers. In Pursuance
of the purchase order of the defendant dated 25.05.2016, plaintiff sold,
supplied and delivered to the defendant the goods vide invoice dated
27.05.2016. The defendant but failed to pay the total sum of
Rs.16,530/- inspite of various requests made by the plaintiff and receipt
of legal notice dated 23.03.2019. According to the plaintiff defendant is
liable to pay amount of Rs.25,497/- 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.25,497/-.
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.
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4. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
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.25,497/- with
interest
@ 18 % per annum
on principal amount
of Rs.16,530/-
2. What order and decree? As per final order.
REASONS
5. Ms. Hima Gosalia file Affidavit in Examination in Chief in
Evidence of the plaintiff on Exhibit-06. In order to prove the case of the
plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
8 Copy of Board Resolution 25.02.2019
9 Original Purchase Order dated 25.05.2016
10 Office copy of Invoice 27.05.2016
11 Office copy of Notice 23.03.2019
12 Original Postal Receipt 25.03.2019
13 Original Registered A.D. Card --
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-8
to 13 go to establish that plaintiff has supplied goods to the defendant.
The documents further prove that the amount of Rs.25,497/- is due and
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Summ. Suit No.836/2019
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payable to the plaintiff company from defendant towards delivered of
goods. But, defendant failed to pay total amount of Rs.25,497/- towards
purchase of goods. The documents at list Exhibit-8 to 13 go to establish
that defendant is liable to pay Rs.25,497/- 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.25,497/- from the defendant.
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 18% per annum
would be just and proper to be awarded on the principal sum adjudged
i.e. amount of Rs.16,530/-. 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.25,497/- from the defendant
with interest on Rs.16,530/- at the rate of Rs.18% 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 defendant. Hence, in answered to point
no.2, I proceed to pass the following order.
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ORDER
1. The defendant shall pay Rs.25,497/- (Rs. Twenty Five
Thousand Four Hundred Ninety and Seven Only) to
the plaintiff and he shall also pay with interest on
principal amount of Rs.16,530/- at the rate of 18% 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)
Ad-hoc Judge
City Civil Court,
Date :05.01.2021 Gr. Bombay
Dictated on : 05.01.2021
Typed on : 05.01.2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.01.2021 04.00 p.m. ( M.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
05.01.2021
JUDGMENT/ORDER signed by
P.O.on
05.01.2021
JUDGMENT/ORDER uploaded on 05.01.2021
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