Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 582/2018 1
Registered on : 11.06.2018
Decided on : 04.02.2019
Duration : 00 07 23
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.582 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, Mumbai 400013. .....Plaintiff
V/s.
Aditya Book Seller & General Store
Gala No.4, Krushi Utpanna Bazar Samiti,
Near Dalvi Lunch Home,
Beside New English High School,
Murbad, Dist.Thane – 421 401. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :04/02/2019.
Advocate Ms.Preeti Gada for the plaintiff
Exparte against defendant.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.2,72,084/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.1,38,944/ from the date of filing of the suit till
its realization.
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Sum.Suit No. 582/2018 2
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that he is carrying on the business of
publishing and printing books. The defendant is carrying on the
business of books and general Stores. The defendants placed order with
the plaintiff and as per said order, the plaintiff had sold, supplied and
delivered the goods to the defendant worth Rs.2,49,111/. The plaintiff
raised the respective invoices. The details of the invoices is given in para
no.2 of the plaint. It is contended that the defendant did not object
regarding the quality, quantity and price of the goods. The defendant to
discharge its liability, made a payment of Rs.2,313/ in cash on
01/04/2015, sum of Rs.10,000/ on 28/4/2017 and thereafter the
defendants returned the goods and plaintiff have issued credit note for
Rs.68,175/ on 31/7/2015 and credit note for Rs.23,679/ on
25/9/2015, leaving behind a sum of Rs.1,38,944/ as outstanding. It is
contended that on 6/1/2016 the defendant executed a letter and
assured to the plaintiff that they will pay the amount of the said dues
from October 2016 to December 2016, however, the defendant failed to
do so. Thereafter, the plaintiff issued a letter dated 19/3/2018 to the
defendant and called upon it to clear the outstanding dues within 7
days of the receipt of said notice but the defendant failed to comply the
same. Consequently, the plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5. Defendants inspite of service of writ of summons did not
appear in the suit. Therefore, my learned predecessor in office passed
an order of suit to proceed exparte against the defendant.
4. Plaintiff has filed affidavit of evidence PW 1 Ms.Rutuja Sarfare
in support of suit claim at Exhibit 6, in which she has reiterated the
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Sum.Suit No. 582/2018 3
contents of plaint, elaborately. So also, she has filed the List of
documents at Exhibit 7. He has filed the documents like original
invoices, original letter sent by the defendant to the plaintiff and Copy
of demand Notice dated 19/3/2018 etc.
5. As the defendant has failed to put his appearance and contest
the suit therefore, in these circumstances in view of the provisions of
subrule2 of Rule3 of Order XXXVII of C.P.Code, the averments made
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.582/16 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.2,72,084/
(Rupees Two Lacs Seventy Two Thousand and Eighty Four) with
interest on the principal amount of Rs.1,38,944/, at the rate of 9% p.a.
from the date of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
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Sum.Suit No. 582/2018 4
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 04/02/2019 City Civil Court, Gr. Bombay
Dictated on : 04/02/2019
Transcribed on : 04/02/2019
Signed on : 06/02/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
6/2/19 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
4/2/19
Judgment/order signed by P.O on 6/2/19
Judgment/order uploaded on 6/2/19
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