Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 05.04.2018
Registered on 23.04.2018
Decided on 01.12.2018
Duration Yrs. M. Days
07 08
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.522 OF 2018
M/s Chetana Book Depot,
a partnership firm, having its registered
office at 4th floor, 'B' Wing, Building 'E',
Trade Link, Kamla City, Above Bombay
Canteen, Lower Parel, Mumbai400 013. ...Plaintiff.
V/s.
1. Creater Vally International Schoo,
At Ghotsai, Indiar Nagar Road,
Titwala East, Dist.Thane – 421604.
2. Mr.Satish Tiwari, an adult,
Age Not known,
at Ghotsai, Indira Nagar Road, Titwala East,
Dist.Thane – 421605. ...Defendants.
Appearances:
Ld. Adv Mr.Lakhani for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 01st December,2018
MHCC01-005762-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.2,21,034/ with interest.
2. In short, plaintiff came with a case that, plaintiff is a partnership
firm registered under the Indian Partnership Act,1932 having their
placed of business at the address mentioned in the cause title of plaint.
Defendant No.1 is the school and defendant No.2 its trustee.
3. Plaintiff submitted that, as per order placed by defendants from
time to time for supply of educational books, plaintiff sold, supplied and
delivered to defendants educations books from May,2016 to July,2016
for sum of Rs.3,07,708/ as per their requirements. Plaintiff also raised
invoices, which were duly acknowledged by defendants. Out of the
goods, defendant returned goods worth Rs.1,40,539/ leaving balance
of Rs.1,67,169/ in respect of invoice Nos.5235.02 and 169852.01. In
spite of repeated requests and demand defendants failed to make the
payment of the outstanding amount due against them. Therefore,
plaintiff issued Advocates' notice dt.07.12.2017 called upon defendant
to pay the outstanding amount with interest. In spite of receipt of
notice defendant did not make the payment. Therefore, plaintiff filed
this suit against defendant.
4. Writ of summons issued against defendant. Plaintiff filed service
affidavit at Exh.5. In spite of service defendant did not appear. Hence,
suit proceeded exparte against defendants.
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5. In support of his claim plaintiff tendered claim affidavit at Exh.5
and list of documents at Exh.6 and proved the following documents,
D.sr.no.1,Invoice no.16/5235.01 dt. 11/05/2016 for Rs. 1,62,788/
(Exh.7),
D.sr.no.2,Invoice no.16/16952.01dt.05/07/2016 for Rs. 19,875/
(Exh.8),
D.sr.no.3,copy of notice dt. 07/12/2017 from plff Adv to Defts. (Exh.9)
Plaintiff closed their evidence by filing evidence closure pursis at
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is apparent from record that defendant has supplied the goods
as per orders placed by defendants. But defendant has not paid the
amount of goods. In spite of service of writ of summons defendantsor
their Advocate, has not appeared to contest the suit. Therefore,
documents submitted by plaintiff remain uncontroverted and
unchallenged. Hence, claim put forth by plaintiff and his testimony
remain unchallenged and unrebutted. Therefore, suit filed by plaintiff
for recovery under O.XXXVII R.2 of C.P.C. needs to be accepted.
Defendants neither present nor rebutted the claim of plaintiff. Which
clearly establishes the claim of plaintiff and therefore, plaintiff is
entitled to recover outstanding amount along with interest @ 18% per
annum. In spite of repeated demand and opportunity defendants have
not paid the amount. Therefore, costs of this suit needs to be saddled on
defendant.
8. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
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Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant nos. 1, 2 jointly and severally do pay
Rs.2,21,034/ along with interest @ 18 percent per
annum on principal amount of Rs.1,67,169/ to plaintiff
from the date of filing of this suit till realization of
entire decreetal amount.
3. Defendant nos. 1, 2 jointly and severally do bear their
own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 01/12/2018 City Civil Court, Gr. Mumbai
Dictated on : 01.12.2018
Transcribed on : 03.12.2018
Signed on :
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.12.2018 at 5.48 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 01.12.2018
Judgment/order signed by P.O. on 03.12.2018
Judgment/order uploaded on 03.12.2018
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