Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010059702019
Filed on :15.06.2019
Registered On :01.10.2019
Decided on :12.03.2021
Duration :Y-01/M-08/D-28
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.770 OF 2019
Exhibit- 14
Jeevandeep Edumedia Pvt. Ltd.
Having registered Office at
Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Assistant Manager Legal
Mrs. Neha Nachiket Kulkarni
Age : 28 years. Occupation: Service ...Plaintiff
V/s.
1. Mr. Narendra Surayvanshi (Director)
Age 55 years, Occ: Business
Angel Paradise English Medium School
Nagpur Road, Tal: Selu. Dist: Wardha
Kelzar-442 104, Maharashtra
2. Angel Paradise English Medium School
Age : Not Applicable, Occ: Not Applicable
Nagpur Road, Tal: Selu. Dist: Wardha
Kelzar-442 104, Maharashtra ... Defendants
SUIT FOR RECOVERY OF RS.1,17,366/-
-- 1 of 6 --
Summ. Suit No.770/2019
2
Appearance:-
Adv. Ms. Hetal Vakil for the plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 12/03/2021
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a private limited company under the
Companies Act doing business as educational publishers. Pursuant to
defendants verbal and purchase order from time to time, plaintiff sold
supplied and delivered to defendants said goods through delivery
challans from time to time which were acknowledged by defendants
without any protest for quality, quantity till date. In due course of
business plaintiff raised various invoices upon defendants of said goods
of sum of Rs.5,58,217/-. After lot of persuasion and follow up
defendants have made part payments. As per plaintiff’s sales ledger now
a sum of Rs.57,241/- is due and payable by defendant to plaintiff. Now
plaintiff is to receive from defendants the amount of Rs.1,17,366/-
alongwith interest upto date. The plaintiff sent legal notice dated
30.04.2019 and called upon defendants to make payment. But,
defendants have failed to make the payment. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.1,17,366/-.
-- 2 of 6 --
Summ. Suit No.770/2019
3
3. The suit summons were duly served on the defendants but
they failed to appear. Hence, suit is posted for judgment as per order
XXXVII Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.1,17,366/- with
interest
@ 18 % per annum
on principal amount
of Rs.57,241/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
7 colly Copy of Board Resolution
Copy of Board Resolution
25.02.2019
03.02.2020
8 colly Original purchase order
Original purchase order
18/06/2016
21/09/2019
9 colly Original email order
Original email order
07/07/2017
04/08/2017
10 colly Original L. R. No. 203802
Original L. R. No. 203802
Original L. R. No. 203802
Original L. R. No. 203802
Original L. R. No. 203802
29/06/2016
24/09/2016
14/07/2017
21/07/2017
09/08/2017
-- 3 of 6 --
Summ. Suit No.770/2019
4
Exhibit.
No.
Description of documents Date
11 colly Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
Office Copy of Invoice
29/06/2016
26/09/2016
13/07/2017
20/07/2017
08/08/2017
12 colly Office copy of Credit note
Office copy of Credit note
Office copy of Credit note
20/12/2016
15/02/2017
11/06/2018
13 colly Office Copy of notice
Original Postal Receipt
Original Reg. A.D. Card
30/04/2019
30/04/2019
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-7
to 13 goes to establish that plaintiff has supplied goods to the
defendants. The documents further prove that the amount of
Rs.57,241/- is due and payable to the plaintiff company from
defendants towards delivered of goods. The documents at list Exhibit 7
to 29 goes to establish that defendants are liable to pay Rs.1,17,366/- to
the plaintiff on the date of filing of the suit towards the purchase of
goods alongwith interest. In this background, it is held that plaintiff is
entitled to recover sum of Rs.1,17,366/- from the defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is contract
existing between the parties as to the rate of interest which shall be
-- 4 of 6 --
Summ. Suit No.770/2019
5
levied. Therefore, rate of interest at the rate of 18% per annum would
be just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.1,17,366/-. Hence, point no.1 is answered in the
affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held
that the plaintiff is entitled to recover Rs.1,17,366/- from the
defendants with interest on Rs.57,241/- at the rate of 18% per annum
from the date of filing of the suit till its realization. Plaintiff is also
entitled to recover cost of the suit from the defendants. Hence, in
answered to point no.2, I proceed to pass the following order.
ORDER
1. The defendants shall pay Rs.1,17,366/- (Rs. One
Lakhs Seventeen Thousand Three Hundred Sixty Six
Only) to the plaintiff and defendants shall also pay
with interest on principal amount of Rs.57,241/- at
the rate of 18% per annum from the date of filing of
the suit till its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date :12/03/2021 Gr. Bombay
Dictated on : 12/03/2021
Typed on : 12/03/2021
Signed on :
-- 5 of 6 --
Summ. Suit No.770/2019
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/03/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
12/03/2021
JUDGMENT/ORDER signed by
P.O.on
12/03/2021
JUDGMENT/ORDER uploaded on 12/03/2021
-- 6 of 6 --