Final Order 2

Order Details: Ex-parte Judgement
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MHCC010057852018
Presented on 26-04-2018
Registered on 11-06-2018
Decided on 10-04-2023
Duration Yrs. M. Days
04 11 15
EXHIBIT- 09
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
IN
SUMMARY SUIT NO. 581 OF 2018
Jeevandeep Prakashan Pvt Ltd., a private limited
company incorpoated under the provision of
Companies Act, 1956 and carrying on business at
Sun Paradise Business Plaza, 1st Floor, Senapati
Bapat Marg, Lower Parel, Mumbai - 400013.
...Plaintiff
VERSUS
Siddheswar English Medium School, Having
address at: Dwarka Complex, Main Road, Shirur
Kasar 413249. Dist Beed, Maharashtra.
...Defendant
Appearance :
Ld Adv Ms. Priti Gada for plaintiff.
Defendant absent (
Exparte).
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2 Exp.Judg in Sum Suit No.581/2018
Coram : D.R. S. D. TAWSHIKAR
(Court Room No.61)
Heard on : 10-04-2023
Decided on : 10-04-2023
ORAL ORDER
(Dictated and pronounced in Open Court)
This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil Procedure, 1908 (for short 'CPC') for recovery of principal sum
of Rs. 2,67,662 /- along with interest thereon at the rate of 18% p.a.,
more specially described in particulars of claim (Exh.D).
2. Defendant had caused appearance and filed reply to
Summons for Judgment (SJ), taken out by the plaintiff. Ld. Predecessor
of this Court by order dated 26-02-2020, pleased to grant conditional
leave to defend subject to defendant’s depositing an amount of Rs.
1,06,340.50/- within four weeks from the date of said order. The said
order was not complied with and thus, suit proceed without further
participation of the defendant.
3. In view of sub rule 6 (b) of Rule 3 of Order XXXVII of CPC,
on failure of defendant to comply the order of conditional leave to
defend, plaintiff becomes entitle for the judgment forthwith. In matter
in hand defendant failed to comply the condition as to deposit of the
amount directed by this Court. Plaintiff is, thus, entitled for benefit of
the said statutory provision.
4. Apart from the statutory benefit, plaintiff has placed on
record affidavit of examination in chief at Exh.2. Plaintiff has also
placed on record various documents along with list of documents at
Exh.3. Plaintiff has placed on record the copies of seven invoices,
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3 Exp.Judg in Sum Suit No.581/2018
through which the goods are claimed to be supplied to the defendants
(Exh.4 colly.). The two original lorry receipts are also placed on record
to support the contention of supply of goods to the defendants (Exh.5
colly). The copy of the demand notice dated 31-03-2018 (Exh.6) reveals
the demand made for the payment of outstanding amount. The notice
seems to have returned unserved owing to refusal by the defendant.
5. Heard Ld advocate for plaintiff. She submits that out of
invoice amount of Rs. 3,97,539, defendant paid sum of Rs. 1,10,000/-
only and as such amount of Rs. 2,67,662 is due and outstanding from
the defendants.
6. There is no contra evidence to dispute the claim raised by
the plaintiff. The documents placed on record do support the claim.
Sub rule 6 (b) of rule 3 of Order XXXVII of CPC, supports the plaintiff's
case for passing judgment in his favour. Hence, I hold that plaintiff is
entitle for recovery of sum of Rs.2,67,662/- from the defendants.
7. Ld advocate for the plaintiff claims interest at the rate of
18% p.a. She points out the terms and condition stipulated in the
invoice and submits that the defendant was supposed to pay interest at
the rate of 18% p.a. after the due date of payment. Apart from the
condition in the invoice, I find no other mutually agreed rate of interest
on the delayed payment. The interest at the rate of 18% p.a. is on
higher side. However, considering the nature of transaction i.e. of trade
and commerce, I find plaintiff deserves interest on delayed payment at
the rate of 12% p.a. from the date of filing of the suit till realization of
entire claim. That would meet the ends of justice. Hence, the order-
ORDER
A Summary Suit No. 581/2018 is partly decreed with costs.
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B Defendant shall pay an amount of Rs.2,67,662/- to the plaintiff
along with interest at the rate of 12% p.a. from the date of filing
of the suit i.e. 26-04-2018 till realization of entire amount.
C Court Fees be refunded to the plaintiff, as per rules.
E Decree be drawn up accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Date: 10-04-2023. Court Room No.61
Dictated on : 10-04-2023
Transcribed on : 10-04-2023
Corrected on : 10-04-2023
Printed and Signed on: 11-04-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11-04-2023 at 11.30a.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
10-04-2023
JUDGMENT/ORDER signed by P. O. on 11-04-2023
JUDGMENT/ORDER uploaded on 11-04-2023
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