Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010054872019
Presented on 03-06-2019
Registered on 07-10-2019
Decided on 23-09-2022
Duration Yrs. M. Days
03 03 20
CNR No. MHCC010054872019
EXH.15
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.971 OF 2019
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 ...Plaintiff.
V/s.
1. GURUKUL ENGLISH MEDIUM SCHOOL
Age Not Applicable, Occ : Not Applicable,
Main Road, Dist : Nanded. Himayat Nagar –
431 802, Maharashtra.
2. DR. MANOHAR RATHOD (FOUNDER)
Gurukul English Medium School
Age 49 years, Occ : Not known, Main Road,
Dist : Nanded, Himayat Nagar – 431 802,
Maharashtra. ....Defendants.
Appearances:
Ld. Adv. Hetal Vakil for plaintiff.
None present for defendant.
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Summary Suit 971 of 2019 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 23rd SEPTEMBER, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.38,452.85/ (Rupees Thirty Eight Thousand Four
Hundred Fifty Two and Eighty Five Paise Only) alongwith interest on
the principal sum of Rs.16,440/(Rupees Sixteen Thousand Four
Hundred Forty Only) at the rate of 18% p.a. from the date of the suit till
its realization.
2. The facts in brief are as follows:
The plaintiff is a Private Limited Company carrying on
business. The plaintiff is carrying its business as Education Publishers.
The defendant No.1 is the School. The defendant No.2 is the Founder
of the school in the name of defendant no.1. Pursuant to the purchase
order from time to time the plaintiff sold, supplied and delivered the
goods to the defendants through transport Company. The defendants
accepted the goods. In the due course of business the plaintiff raised
invoices but the defendants failed to make the payment on due date as
per terms and conditions agreed between them. The plaintiff send legal
notices but the defendants failed to pay the amount and therefore,
plaintiff filed the present suit and prayed to decree the outstanding
amount.
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Summary Suit 971 of 2019 .. J/3 .. Ex-parte Judgment
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendants as per
order dated 18.04.2022.
4. The plaintiff in order to prove its claim filed the claim
affidavit vide Exh.04 and list of documents vide Exh.05 The plaintiff
filed the documents which were marked as Exh.06 to Exh.13. The
plaintiff filed copies of Board Resolution vide Exh.06, Purchase Order
vide Exh.07. The plaintiff also filed Lorry Receipts, Copies of Invoices
alongwith Credit Note and Sales ledger vide Exh.08 to 11. The plaintiff
filed the office copy of the legal notice alongwith postal receipts and
acknowledgement vide Exh.12 and Exh.13. It seems that the defendants
placed the order of supply of the books and the same were delivered to
the defendants through transport. The defendants accepted and
acknowledged the same, however failed to pay the outstanding amount.
The plaintiff issued various legal notice but the defendants failed to
repay the amount. The defendants failed to appear and challenge the
evidence of plaintiff. The oral and documentary evidence of plaintiff
has therefore, gone unchallenged. The plaintiff supplied the goods but
the defendants failed to pay the outstanding amount alongwith interest.
Hence, plaintiff is entitled for the decree.
5. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
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Summary Suit 971 of 2019 .. J/4 .. Ex-parte Judgment
ORDER
1. The Summary Suit No.971 of 2019 is decreed with costs.
2. The Defendant Nos.1 and 2 shall jointly and severally pay amount
of Rs.38,452.85/ (Rupees Thirty Eight Thousand Four Hundred
Fifty Two and Eighty Five Paise Only) to the plaintiff along with
further interest at the rate of 9 percent per annum on the
principal amount of Rs.16,440/(Rupees Sixteen Thousand Four
Hundred Forty Only) from the date of filing suit till its actual
realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 23092022 City Civil Court, Gr. MUMBAI
Direct typed on : 23092022
checked on : 23092022
Signed on : 23092022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summary Suit 971 of 2019 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.09.2022 at 03:52 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
23.09.2022
Judgment/order signed by P.O. on 23.09.2022
Judgment/order uploaded on 28.09.2022
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