Final Order 1

Order Details: Ex-parte Judgement
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MHCC010059532019
Presented on 17-06-2019
Registered on 11-07-2019
Decided on 09-01-2023
Duration Yrs. M. Days
03 06 23
EXHIBIT-8
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 699 OF 2019
Ramniklal S. Gosalia & Co. a partnership
firm having its office at National House,
608, B.J. Marg, Jacob Circle, Mumbai- 400
011 through its Constituted Attorney Mr.
Mayur Shindwa.
...Plaintiff
Versus
Radhika Casting Private Limited, having
their address at D-87, Site-5, UPSIDC
Industrial Area, Udyog Kunj, Kanpur- 208
022, Uttar Pradesh.
...Defendant
Appearance :
Adv Mr. Rutash Jadhav for the Plaintiff.
None for defendant (
Exparte).
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SU No. 699/2019
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 09/01/2023
JUDGMENT
( Dictated and pronounced in open Court)
Plaintiff has filed the present summary suit under Rule 2 of
Order XXXVII of Code of Civil Procedure, 1908 (for short 'CPC') for
recovery of principal sum Rs. 1,08,696/- along with interest thereon at
the rate of 18% per annum (p.a) from date of supply of goods i.e.
31.03.2019 till recovery of entire amount.
Plaintiff’s case in brief-
2. The plaintiff contents that in view of purchase order dated
30.08.2016 issued by the defendant, plaintiff through two invoices
dated 30.08.2016 has soled, supplied and delivered goods (i.e.
chemicals) to the defendant on 30.08.2016. The defendant duly
received goods without any protest. It is contended that part payment is
made. However, the amount of Rs.1,08,969/- was due and payable.
Despite oral request, defendant failed to pay the said amount.
Therefore, plaintiff vide demand notice dated 09.01.2019, demanded
outstanding amount from the defendant. Defendant refused the notice.
As such plaintiff was constrained to file this court.
3. Affidavit of service (Exh.05) shows that the writ of
summons was served on 25.07.2019. However, defendant failed to
cause appearance. By virtue of Sub Rule (3) of Rule 2 of Order XXXVII
of CPC, plaintiff enjoys the presumption that allegations in the plaint
are admitted by the defendant owing to non appearance.
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4. Apart from the aforesaid presumption, plaintiff has placed on
record the claim affidavit (Exh.06) and has reiterated his case. The
plaintiff has also placed on record the purchase order, tax invoices and
delivery receipts. The plaintiff has placed on record the copy of power
of attorney and the legal notice dtd. 09.01.2019. All these documents
goes to show that the goods were duly supplied to the defendant and
defendant accepted same without any protest.
5. Plaintiff contents that part payment was made by the defendant,
however, the part payment, claim in the present suit was outstanding.
The legal notice do refer to the said claim of the plaintiff. As the
contentions in the claimed affidavit are gone unchallenged, I find no
reason to dispute the same. Thus, I hold that defendant owes
Rs.1,08,969/- to the plaintiff towards part payment for the goods
supplied. As such plaintiff is entitled for recover said amount.
6. Ld. Advocate for the plaintiff claims interest at the rate of 18%
p.a. Admittedly, there is no agreed rate of interest between the parties
for the delayed payment. However, considering the nature of
transaction i.e of trade and commerce, I find it would be just and
proper to award interest at the rate of 12% p.a. from the date of filing
of the suit i.e 17.06.2019 till realization of entire amount. Hence, I
pass following order.
ORDER
1) Summary Suit No. 699 of 2019 is partly decreed with costs.
2) Defendant shall pay an amount of Rs.1,08,969/- (Rupees One
Lakh Eight Thousand Nine Hundred Sixty Nine Only) to the
plaintiff along with interest at the rate of 12% p.a. from the date
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of filing of the suit i.e from dtd. 17.06.2019 till realization of
entire payment.
3) Court fees be refunded to the plaintiff, as per rules.
4) Decree be drawn up accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Date- 09/01/2023. Court Room No.61
Dictated on: 09-01-2023
Transcribed on:09-01-2023
Signed on : 10-01-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11-01-2023 at 5.30p.m. Ms. K.M.Rana
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
09-01-2023
JUDGMENT/ORDER signed by P. O. on 10-01-2023
JUDGMENT/ORDER uploaded on 11-01-2023
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