Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 583/2018 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.583 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.
R.P.S.English School
Shahagadh Road, Tirthpuri,
Tal.:Ghansawangi . Dist.Jalna 431209
Maharashtra. ....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.1,68,447/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.87,769/ from the date of filing of the suit till its
realization.
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Sum.Suit No. 583/2018 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.1,52,221/. 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, returned the certain books and plaintiff have
issued credit note for Rs.3,521/ on 4/8/2015, credit note for
Rs.45,971/ on 19/8/2015, credit note for Rs.1,232/ on 20/8/2015,
credit note of Rs.225/ on 7/12/2015, Credit note of Rs.13,503/ on
21/3/2016 to the defendants leaving behind outstanding amount of
Rs.87,769/. The plaintiff demanded the said outstanding amount from
the defendants from time to time but they failed and neglected to pay
the same. Ultimately, on 12/8/2018 the defendant issued a letter to the
defendant calling upon him to pay the aforesaid amount alongwith
accrued interest but the defendant failed and neglected 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
contents of plaint, elaborately. So also, she has filed the List of
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Sum.Suit No. 583/2018 3
documents at Exhibit 7. He has filed the documents like original
invoices, original Board Resolution by plaintiff and Copy of demand
Notice dated 12/4/2018 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.583/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.1,68,447/
(Rupees One Lac Sixty Eight Thousand Four Hundred and Forty Seven)
with simple interest on the principal amount of Rs.87,769/, 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. 583/2018 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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