Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Suit No. 826 of 2018
Received on :23.04.2018
Registered on :10.08.2018
Decided on :27.09.2019
Duration : Y M D
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.826 OF 2018
CNR NO.: MHCC010054962018
Mr. Hakim Ali Mohd. Raza Khan
an adult, Indian Inhabitant of
Mumbai aged 48 years, Occ :
Carrying on business in the name
of Hakim Ayurvedic Bhandar at
Shop No. 4, Building No. 24,
AWing, Hiranandani Akruti,
Lallubhai Compound, Mankhurd,
Mumbai – 400 043 ...Plaintiff
Versus
Fraiser Pharma Chem Pvt. Ltd
(Mr. Dharmendra Thakur)
an adult, Indian Inhabitant of
Mumbai aged 50 years, Occ :
Carrying on business in the name
of Fraiser Pharma Chem Pvt. Ltd.
at Chintupada, Plot No. 2,
Palghar, Tq. & Dist. Palghar. ….Defendant
Appearances:
Advocate Mr. S.B. Patil for the Plaintiff.
Defendants Exparte.
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2 Suit No. 826 of 2018
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 27 TH SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.71,758/(Rupees Seventy One
Thousand Seven Hundred and Fifty Eight only).
2. Plaintiff case in nut shell is that pursuant to the order of
defendant plaintiff sold, supplied and delivered goods to defendant. The
various invoices of Rs.59,717/ was raised. The defendant has refused
to pay the amount and is in default of Rs.71,758/(Rupees Seventy One
Thousand Seven Hundred and Fifty Eight only). Hence this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
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.71,758/(Rupees
Seventy One Thousand Seven
Hundred and Fifty Eight only) is
due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.71,758/(Rupees
Seventy One Thousand Seven
Hundred and Fifty Eight only)
with interest as claimed?
Yes
4. What order and decree? As per final order
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3 Suit No. 826 of 2018
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exhibit 6 and filed
Original Registration Certificate, copies of invoices, copies of transport
receipt and advocate's notice.
6. Heard Learned Counsel for plaintiff.
7. The affidavit is supported by documents. The Original
Registration Certificate, copies of invoices, copies of transport receipt
and advocate's notice shows that pursuant to the order of defendant
plaintiff sold, supplied and delivered goods to defendant. The various
invoices of Rs.59,717/ was raised. The defendant has refused to pay
the amount and is in default of Rs.71,758/(Rupees Seventy One
Thousand Seven Hundred and Fifty Eight only). As far as rate of interest
is concerned plaintiff has prayed for rate of 18% p.a. The relationship
between plaintiff and defendant is contractual relationship and
therefore this rate of interest 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. Defendant do pay to the plaintiff the amount of Rs.
Rs.71,758/(Rupees Seventy One Thousand Seven Hundred
and Fifty Eight 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.
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4 Suit No. 826 of 2018
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 27/09/2019 City Civil Court,
Gr. Bombay
Dictated on : 27/09/2019
Transcribed on : 03/10/2019
Signed on : 03/10/2019
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5 Suit No. 826 of 2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/10/2019 1.10 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Shri. M.S.Lone
(C.R.NO.28)
Date of Pronouncement of
Judgment/Order.
27/09/2019
Judgment/order signed by P.O on 03/10/2019
Judgment/order uploaded on 04/10/2019
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