Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm. Suit 843/2021
MHCC010057412018 Presented on : 26/04/2018
Registered on : 10/12/2019
Decided on : 08/02/2023
Duration :03Y/01M/29D
Exh.19
IN THE CITY CIVIL COURT AT MUMBAI.
(Court Room No.32)
COMMERCIAL SUIT No.843 of 2021
MATRIX DISTRIBUTOR PVT. LTD.
Having registered office address at 16, Anand
Estate, 189A, Sane Guruji Marg, Mumbai
400011, Through its authorized
representative Mr. Anil Ekanath Shinde, Age
41 years, Indian inhabitant.
...PLAINTIFF
VERSUS
POONAM ELECTRONICS
Having office at Main Road, Tal. Niffad,
Saikheda, Nashik (M.S.) ...DEFENDANT
Shri. Tejas Kothalikar h/f. Shri Chetan Pawar, learned Advocates
for plff.
Defendant exparte.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN
E XP A R T E J U D G M E N T
(Delivered on 08/02/2023)
This is a suit for recovery of sum of Rs.3,46,019/ with
interest @ 18% p.a. from the date of suit till realization of the entire
amount.
2. It is case of plaintiff that it is a company incorporated
under Indian Companies Act,1956 and carrying on business of sale and
purchase of electric goods. Defendant has placed an order for supply of
Samsung Appliance. As per order, plaintiff has sold, supplied and
delivered goods to defendant under tax bills/invoices as under :
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2 Comm. Suit 843/2021
Bill No. Date Amount Bill No. Date Amount
601 25/4/2016 73,702/ 681 28/4/2016 26,648/
718 29/4/2016 15,105/ 836 30/4/2016 26,060/
882 3/5/2016 28,012/ 951 9/5/2016 86,497/
1115 17/5/2016 43,490/ 1118 17/5/2016 28,385/
1142 18/5/2016 26,060/ 1337 31/5/2016 15,105/
1582 18/6/2016 21,936/ Total 3,91,000/
3. Defendant had issued two cheques amounting to
Rs.15,000/dt.10/3/2017 & Rs.10,000/ dt.16/11/2017 towards part
payment. However, the said cheques dishonored for the reasons
“Exceed Arrangement”. Defendant has made part payment leaving
behind balance of Rs.3,46,019/. He failed to pay the said amount.
Hence, plaintiff has sent demand notice dt.30/10/2017 and called upon
defendant to make the payment. Defendant has received the said notice
on 6/11/2011 but he failed and neglected to pay the same and hence
this suit.
4. Defendant served with suit summons on 20/7/2022 as per
service affidavit Exh.7 but it remained absent. Hence, suit proceeded ex
parte against it.
5. On above facts following points arise for determination of
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that it has
sold, supplied and delivered goods of
Rs.3,91,000/ ? …Yes.
2. Whether the plaintiff proved that
defendant is in outstanding sum of
Rs.3,46,019/ ?
…Yes.
3. Whether plaintiff is entitled for the relief
claimed ?
...Yes.
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3 Comm. Suit 843/2021
4. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 TO 4:
6. Heard learned counsel of plaintiff. Plaintiff has examined
its authorized credit control Manager (PW1 Anil Eknath Shinde) to
prove its case. He reproduced all content of plaint in his chief
examination. He has filed documents : true copy of minutes
dt.7/2/2018, Invoices, Leger Account, Certificate u/sec. 65B of
Evidence Act, Cheques, Bank Memo, Notice dt.30/10/2017 with postal
receipt and postal acknowledgment (Exh.10 to 17 respectively).
7. Evidence of PW1 remained unchallenged as suit
proceeded exparte against defendant. Considering testimony of PW1
and documents, it becomes clear that plaintiff has sold, supplied and
delivered goods of Rs.3,91,000/ and raised invoices total amounting to
Rs.3,91,000/. The ledger account shows that defendant has made part
payment. The sum of Rs.3,46,019/ is due and payable by defendant.
Plaintiff claimed interest @ 18% p.a. Defendant has deprived the
plaintiff from using the said amount. Considering the said fact and the
commercial nature of the transaction it is desirable to grand interest
@18% p.a. on principal amount from the date of suit till realization of
amount. Thus, I answered point Nos.1 to 4 as above. Hence, I pass the
following order.
ORDER
1. Suit is decreed with costs as under.
2. Defendant is directed to pay the plaintiff a sum of
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4 Comm. Suit 843/2021
Rs.3,46,019/ with interest @ 18 % p.a. from the date of
suit till realization of the amount.
3. Decree be drawn up accordingly.
Date : 08/02/2023.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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5 Comm. Suit 843/2021
Dictated on : 08/02/2023.
Checked on : 08/02/2023.
Signed on : 08/02/2023.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08/02/2023. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 08/02/2023.
Order signed by P.O. on 08/02/2023.
Order uploaded on 08/02/2023.
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