Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.576/2018
Filed on : 24.04.2018
Registered on : 08.06.2018
Decided on : 18.02.2020
Duration : Year-01 Month-09 Days-25
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 576 OF 2018
(CNR NO.MHCC01-005537-2018)
Exhibit-09
M/s. Bhartiye Enterprises
Proprietor Mr. Hitendra Amritlal Savla,
Address - 4, Parvati Sadan,
Keshvaji Naik Road,
Mumbai - 400009.
….Plaintiffs
V/s.
Irfan Rahim Salem alias Jeeva
Address - Goregaon Aarey Milk Colony,
Unit No. 32, Goregaon East,
Mumbai - 400065.
... Defendants
SUIT FOR RECOVERY OF RS.1,66,638/-
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 18th February, 2020.
(C.R.No.59)
Appearances:-
Jeetendra Ranawat, for the plaintiff.
Exparte against Defendant.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
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Judgment 2 Summ. Suit No.576/2018
The facts of the case are as under :
2. The Plaintiff is a proprietor of M/s Bhartiye Enterprises. Dealing
in the business of oil cake broker and supply of cotton seeds and all
cakes. It is the case of the plaintiff that he has supplied goods on credit
worth Rs.1,66,638/- to the defendant under invoices dated.18.08.2013,
20.10.2012 and 30.09.2013. The defendant has accepted the delivery of
goods and issued cheque worth Rs.50,000/- dated 03.10.2017. The said
cheque was dishonored when deposited by plaintiff with his banker.
The defendants failed to pay remaining total amount of Rs.1,66,638/-
inspite of various requests made by the plaintiff. It is the case of the
plaintiff that as on the suit defendant is liable to pay the amount of
Rs.1,66,638/- towards the supply of the said goods. Hence, plaintiff is
constrained to file the suit for recovery of the said amount with interest.
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.
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.1,66,638/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. The plaintiff Mr. Hitendra Amritlal Savla has filed his Affidavit in
Lieu of Examination in Chief at Exhibit-3. In order to prove the case of
the plaintiff filed following documentary evidence.
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Judgment 3 Summ. Suit No.576/2018
Exhibit.
No.
Description of documents
5 Copy of Invoices
8 Copy of Challans
7 Copy of cheque
8 Copy of Memo
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at Exhibit-5 to 8 go to
establish that plaintiff has sold and delivered total goods worth of
Rs.1,66,638/- to defendant. The documents further prove that the
amount of Rs.1,66,638/- is due and payable to the plaintiff company
from defendant towards delivered of goods. But, defendant failed to pay
total amount of Rs.1,66,638/- towards purchase of goods. The
documents at list Exhibit-5 to 8 goes to establish that defendant is liable
to pay Rs.1,66,638/- 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.1,66,638/- from the
defendant.
7. The plaintiff has claimed 24% 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 express
contract existing between the parties as to the rate of interest of 24%
per annum 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.1,66,638/-. Hence, point no.1
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Judgment 4 Summ. Suit No.576/2018
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.1,66,638/- from the defendant with
interest 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 :
: ORDER:
1. The defendant pay Rs.1,66,638/- (Rs. One Lakh sixty
six thousand six hundred and thirty eight only) to the
plaintiff with interest at the rate of 18% per annum
from the date of filing of the suit till its realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(Smt. S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date : 18.02.2020 Gr. Bombay
Typed on : 18.02.2020
Described on : 18.02.2020
Signed on : 18.02.2020
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Judgment 5 Summ. Suit No.576/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
18.02.2020 03.00 p.m.
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 18.02.2020
Order signed by P.O. on 18.02.2020
Order uploaded on 18.02.2020
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