Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Summary Suit No.573 of 2018
Filed on : 26.04.2018
Registered on : 26.04.2018
Decided on : 04.11.2019
Duration : Year 01 Month06 Days09
Exh10
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.573 OF 2018
(CNR NO. MH CC010057862018)
Swastik Oil Products MFG. Co. Pvt. Ltd
Through Director, Mr. Sanat Rathod,
Age : 62 years
Having office at4, Hirji Govindji Compound,
T.J. Road, Sewri, Mumbai – 400 001. ….Plaintiff
V/s.
1) Shreenath Enterprises
Through Proprietor
Mr. Prahant Upadhyay
Having office at Pranav Chamber,
Plot No.77 to 80, Office at 113,
Sec.19C, Vashi, Navi Mumbai
Mumbai400 709
2) Prashant Upadhyay
C/o. Radhekrishna Upadhyay
Sector 14, Plot No.17,
Krishna Tower, DWing,
Flat No.501/5th Floor,
Koparkharane, Navi Mumbai400 705. .... Defendants
Appearance:
Ms. Ishwari Sabadra, Advocate for the Plaintiff.
Exparte against Defendant.
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CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 04 th November, 2019.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is suit for recovery of Rs.2,74,833/ alongwith interest
at the rate of 12% per annum.
2. Plaintiff has come up with the case that it is Private Limited
Company and is engaged in the business of manufacturing Vegetable Oil
and all types of Chemicals. The defendant Nos.1 and 2 are also engaged
in the same business and defendant No.2 is the Proprietor of defendant
No.1. The plaintiff were clients of the defendants. Plaintiff Company
had placed an order on phone for vegetable oil in the month of April
2016. Said deal was finalized at Rs. 47 per Kg and an order was placed
for 14,426 kg vegetable oil. At the time of placing an order, it was
assured on behalf of defendants that good quality oil will be send.
Before delivery of the said goods, the total bill amount of Rs.6,78,000/
was paid to the defendants vide Cheque bearing No.12007511 dated
16.05.2016 drawn on Union Bank of India. The said amount has been
received by the defendants.
3. On the day of delivery of goods, plaintiff Company rejected
the goods as the quality of the goods was not as per the samples shown
or specifications given by the defendants. Therefore, the defendants
admitted and promised to plaintiff Company to return the entire
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payment which the plaintiff Company had made to the defendants. On
07.06.2016, the Cheque of Rs.3,20,000/ was issued by the defendants
which was honoured. Thereafter, the defendants paid an amount of
Rs.1,00,000/ vide Cheque dated 18.07.2016 which was also honoured.
The remaining payment was not made by the defendants. On
23.11.2016, the defendants made Epayment of Rs.35,000/. It is the
contention of plaintiff Company that the balance amount of
Rs.2,23,000/ has not been paid by the defendants after giving several
reminders. The defendants issued Cheque bearing No.12160994 of
Rs.50,000/ dated 30.03.2017 which was dishonoured for the reason
“INSUFFICIENT BALANCE”. Accordingly, On 13.04.2017, legal notice
was issued to defendants by the plaintiff Company's Advocate calling
upon them for payment of outstanding amount of Rs.2,23,000/. Hence,
the suit is filed.
4. Defendants are duly served with Writ of Summons. They
failed to appear, therefore suit proceeded exparte against them.
5. Considering the oral and documentary evidence on record,
following points arise for determination and I have given findings against
each of them for the reasons stated below.
Sr.
No.
POINTS FINDINGS.
1. Whether plaintiff Company
is entitled to recover an
amount of Rs.2,74,833/
alongwith interest on the
sum of Rs.2,23,000/ @ of
12% per annum ?
Yes
2. What Order ? As per final
order.
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REASONS
AS TO POINT NO.1
6. In order to substantiate its claim, plaintiff Company has
relied on the affidavit of ExaminationinChief of Mr. Sanat Rathod,
Director of Plaintiff Company at Exh3. He has relied on the Certified
copy of the Bank Statement of Plaintiff's Bank holding current A/c
bearing No.317205010027 of Union Bank of India, Certified copy of the
Bank Statement of the Plaintiff's Bank holding Current A/c bearing
No.317201010113887 of Union Bank of India, the original cheque
alongwith the original bank Intimation Letter of Rs.50,000/ and a client
copy of the residential address of the defendants at Exh5 to 8.
7. The evidence of Mr. Sanat Rathod, alognwith the original
documents on record discloses that prior to delivery of vegetable oil
entire amount of Rs. 6,78,000/ was paid by the plaintiff Company to the
defendants. Since the entire goods were rejected by the plaintiff
Company, defendants have paid an amount of Rs.4,55,000/ to the
plaintiff Company. However, the defendants failed to make the balance
payment of Rs.2,23,000/ to the plaintiff Company. The evidence on
record further discloses that since the defendants failed to make the
balance payment, legal notice dated 13.04.2017 was issued to the
defendants. Inspite of receipt of the notice, defendants failed to comply
the same. Since the defendants failed to appear in the suit and contest
the claim raised by the plaintiff Company, the evidence of Mr. Sanat
Rathod coupled with original documents on record remained
unchallenged. Therefore, the plaintiff Company is entitled to recover an
amount of Rs. Rs.2,74,833/ alongwith interest on the sum of
Rs.2,23,000/ @ 12% p.a. from the date of filing of the suit till its
realization. Accordingly, I answer point no.1 in affirmative.
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AS TO POINT NO.2
8. In view of forgoing discussion, it has come on record that the
plaintiff Company is entitled to recover an amount of Rs. Rs.2,74,833/
alongwith interest on the sum of Rs.2,23,000/ @ 12% p.a. from the date
of filing of the suit till its realization from the defendants. Therefore, for
the answer of point no.2, I pass following order.
ORDER
1. Suit is decreed with cost.
2. Defendants are directed to pay the plaintiff Company sum of
Rs.2,74,833/ (Rs. Two Lakhs Seventy Four Thousand Eight Hundred
Thirty Three Only) alongwith interest on the sum of Rs.2,23,000/ (Rs.
Two Lakhs Twenty Three Thousand Only) @ of 12% p.a. from the date
of filing of suit till the realization of decretal amount.
3. Decree be drawn up accordingly.
4. Court fee, if any, be refunded as per the rules.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 04/11/2019
Dictated on : 04.11.2019
Transcribed on : 05.11.2019
Signed on : 06.11.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
08.11.2019 4.20 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 04.11.2019
Order signed by P.O. on 06.11.2019
Order uploaded on 08.11.2019
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