Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 26.04.2018
Registered on 11.06.2018
Decided on 25.01.2019
Duration Yrs. M. Days
07 14
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.580 OF 2018
JEEVANDEEP PRAKASHAN PRIVATE
LIMITED,
a private limited company incorporated
under the provisions of Companies Act,1956
and carrying on business at Sun Paradise
Business Plaza, 1st floor, Senapati Bapat
Marg, Lower Parel, Mumbai400 013. ...Plaintiff.
V/s.
SHREE SAI ENGLISH MEDIUM SCHOOL,
(Maharshi Pratishthan's) Shivganga,
Shilavihar, Shriram Chowk, Pipeline Road,
Savedi, Ahmednagar414 003, Maharashtra. ...Defendants.
Appearances:
Ld. Adv Ms.Preeti Gada and Adv.Sneha for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 25th January,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.9,77,392/ with interest.
MHCC01-005784-2018
-- 1 of 5 --
.. j/2 .. Summary Suit No.580/2018
2. In short, plaintiff came with a case that, plaintiff is a private
limited company incorporated under the provisions of Companies
Act,1956 interalia carrying on business of publishing and printing
books and having registered office and corporate offices at the address
mentioned in the title clause. Defendant is carrying on business of
Book of general stores at the address mentioned in the title clause.
3. Plaintiff submitted that, defendant has placed the order with
plaintiff and as per order plaintiff sold, supplied and delivered the
goods to defendant worth Rs.8,16,348/. Accordingly, plaintiff raised
following invoices.
Invoice No. Date Amount
T52170 25.04.2015 Rs.7,14,676/
T52897 08.05.2015 Rs.38,460/
T53522 21.05.2015 Rs.52,188/
T57175 01.07.2015 Rs.11,024/
Total ... Rs.8,16,348/
4. Plaintiff submitted that, the goods were delivered through
suggested carrier and said carrier issued lorry receipts. Defendant has
also utilized the goods without any objection for quality, quantity and
price. Defendant has also returned certain books and plaintiff had
givne Credit Note No.R54711 dt.29.10.2015 for sum of Rs.2,77,146/ to
defendant. Defendant then on 30.12.2017 made party payment of
Rs.2,339/ leaving outstanding amount of Rs.5,37,441/ due and
payable to plaintiff. Thereafter, plaintiff's representative repeatedly
requested defendant to make payment of the outstanding amount.
Defendant has given assurances and promises to make payment.
However, defendant failed to payment outstanding amount. Therefore,
plaintiff issued Advocates' letter dt.16.04.2018 called upon defendant
-- 2 of 5 --
.. j/3 .. Summary Suit No.580/2018
and demanded the outstanding amount. However, defendant did not
comply the said demand letter. Therefore, plaintiff came before this
Court and filed suit against defendant for recovery of outstanding
amount.
5. Writ of summons came to be issued against defendant. In spite of
service of writ none appeared on behalf of defendant. Therefore, suit
proceeded exparte against defendant.
6. In support of his claim plaintiff tendered evidence affidavit at
Exh.5 and list of documents at Exh.7 and proved the following
documents :
Exh.8
Exh.9
Exh.10
Exh.11
original board resolution by plaintiff
original four invoices raised by the plaintiff
to the defendant.
original seven lorry receipts issued by the
transporter to the plaintiff.
original office copy of the demand notice
dt.16.04.2018 along with registered AD slip
and acknowledgement card.
7. Heard learned Advocate for plaintiff. Perused record and
proceedings.
8. On perusal of the invoices, lorry receipts it is proved that, plaintiff
has sold and supplied the goods to defendant from time to time and
defendant received the same. Defendant has not raised any objection
about the goods and/or invoices. Plaintiff even had given credit about
the goods returned by defendant. Therefore, defendant is liable to pay
the outstanding amount due and payable against them.
9. In spite of receipt of service none appeared on behalf of
defendant to rebut the claim of plaintiff. Therefore, claim of plaintiff
-- 3 of 5 --
.. j/4 .. Summary Suit No.580/2018
remains unchallenged and unrebutted. Even the documents proved by
plaintiff remain uncontroverted. Therefore, I have no hesitation to
accept the claim and suit filed by plaintiff for recovery under O.XXXVII
R.2 of C.P.C. As per terms and conditions as mentioned in invoices,
defendant is liable to pay interest @ 18% on the outstanding due
amount. Therefore, plaintiff is liable to recover the outstanding amount
with interest @ 18% per annum. In spite of repeated demand and
opportunity defendant has not paid the amount. Therefore, costs of this
suit needs to be saddled on defendant.
10. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
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 do pay Rs.9,77,392/ along with interest
@ 18 % per annum on principal outstanding amount of
Rs.5,37,441/ to plaintiff from the date of filing of this
suit till realization of entire decreetal amount.
3. Defendant do bear its 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.: 25/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 25.01.2019
Transcribed on : 25.01.2019
Signed on : 25.01.2019 kps/
-- 4 of 5 --
.. j/5 .. Summary Suit No.580/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.01.2019 at 5.55. 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 25.01.2019
Judgment/order signed by P.O. on 25.01.2019
Judgment/order uploaded on 25.01.2019
-- 5 of 5 --