Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010059722019 Presented on 15/06/2019
Registered on 02/08/2029
Decided on 26/03/2025
Duration 05Y: 09M:11D
Exhibit 31
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 772 OF 2019
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
Vs. ]
1. Mr. Sachin Umakantrao Kumbharkar ]
( Founder), Age: 40 years, Occ: Not known ]
Dnyanvikas Public School (English Medium)]
Near Hyderbad Bank, Degloor Road, ]
Line Galli, Tal: Mukhed, Dist: Nanded, ]
At & Post: Mukaramabad 431 719. ]
Maharashtra. ]
2. Dnyanvikas Public School ]
(English Medium) ]
Near Hyderbad Bank, Degloor Road, ]
Line Galli, Tal: Mukhed, Dist: Nanded, ]
At & Post: Mukaramabad 431 719. ]
Maharashtra. ]...Defendants
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Appearance :-
Ld. Advocate Mr. Jitendra Gupta h/f. J. R. Vakil and Associates for
plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 26/03/2025.
JUDGMENT
( Dictated and pronounced in open Court)
01] This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (CPC) for recovery of amount of
Rs. 69,216/- alongwith further interest.
Brief facts of the plaintiff’s case may be summarized as under:
02] The plaintiff is a Private Limited incorporated company
and carrying on business as educational publishers under name and
style as 'Jeevandeep Edumedia Pvt. Ltd.' perviously known as (Jeevan
Prakashan Pvt. Ltd). Plaintiff company has authorized Mrs. Neha
Nachiket Kulkarni, as its representative of plaintiff. As per plaintiff,
defendants placed purchase order from time to time and accordingly
plaintiff had sold, supplied and delivered goods to defendants.
Defendants have never raised any objection regarding quality, quantity
and delivery of the goods. Plaintiff have raised invoices bearing No.
PT67067 dated 08/07/2016 for sum of Rs. 79,463/-, PT68999 dated
22/07/2016 for sum of Rs. 13,020/-, PT69612 dated 28/07/2016 for
sum of Rs. 8,993/-, PT69878 dated 01/08/2016 for sum of
Rs. 1,350/-, and also raised sales debit Note No. PZ70034 dated
12/05/2017 for sum of Rs. 300/- and Debit Note No. PZ70135 dated
18/07/2017 for sum of 300/- total amounting to Rs. 1,03,426/-.
Defendants have made part payment of Rs. 20,000/- on 14/09/2017,
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Rs. 20,000/- on 28/03/2018, Rs. 10,000/- on 29/03/2019 and also
raised Credit Note No. PD61824 dated 09/12/2016 for sum of
Rs. 13,710/-, total amounting to Rs. 63,710/-. Thus, after deducting
amount paid by defendants a balance amount Rs. 39,716/- was due
against defendants. It is the contention of plaintiff that if defendants
failed to make payment on due date plaintiff is entitled for an interest
at the rate of 18% p.a. till its realization. Defendants failed and
neglected to make payment of balance amount therefore, issued legal
notice dated 25/02/2019 by RPAD and called upon defendants to
make the payment of outstanding amount. The defendants have placed
order at Mumbai and plaintiff had supplied goods from Mumbai.
Therefore, this Court has jurisdiction. The suit is also filed within
limitation. Hence, this suit.
03] The writ of summons sent to the defendants were served
on defendants. As defendants failed to appear therefore, order was
passed to proceed matter ex-parte against them on 20/10/2023.
04] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover an amount of
Rs. 69,216/- from defendants ?
If yes, at what rate of interest ?
Yes, defendants shall pay to the
plaintiff simple interest on
Rs. 39,716/- at the rate of 7% per
annum from 15/06/2019, the date
of filing of suit till its full
realization.
2. What order and decree? As per final order.
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05] In support of claim, the plaintiff has filed affidavit of claim
of Ms. Swati Arvindkumar Kalatme as P.W.1 at Exh. 8, an authorized
representative of plaintiff and additional affidavit of evidence at
Exh. 8A and reiterated her contention in the plaint for recovery of
Rs. 69,216/- along with the further interest at the rate of 18% p.a.
from defendants. The plaintiff has filed and relied upon the following
documents vide List Exh. 9. Plaintiff has filed evidence close pursis at
Exh. 30.
Sr.
No. Exhibit Particulars
1 Exh.13 Extract of Board Resolution dated 25/02/2019
2 Exh.14 Extract of Board Resolution dated 05/08/2019
3 Exh.15 Original L. R. No.792 dated 07/07/2016
4 Exh.16 Original L. R. No.1052 dated 21/07/2016
5 Exh.17
colly.
Office copy of Invoices dated 08/07/2016, 22/07/2016,
28/07/2016 and 01/08/2016.
6 Exh.18
Colly.
Office copy of Debit Notes dated 12/05/2017 and
18/07/2017.
7 Exh. 19 Office copy of Credit Note dated 09/12/2016.
8 Exh.20 Office copy of Sales Ledger dated 01/04/2016 to
22/05/2019 supported by Certificate u/s 65(B) of The
Indian Evidence Act.
9 Exh.21 Office copy of Notice dated 25/02/2019 along with
postal receipt and A. D. Card.
10 Exh. 25 Original Purchase Order dated 01/07/2016
11 Exh. 26 Original Purchase Order dated 18/07/2016
12 Exh. 27 Original Purchase Order dated 26/07/2016
13 Exh. 28 Xerox copy of L. R. No. 28 dated 28/07/2016
14 Exh. 29 Xerox copy of L. R. No. 1088 dated 01/08/2016
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R E A S O N S
As to points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence on record.
Heard Learned counsel for the plaintiff. The plaintiff has filed on
record extract of Board Resolution dated 25/02/2019 at Exh. 13 to
demonstrate that Mrs. Neha Nachiket Kulkarni was authorized to file
suit. Further, plaintiff has on record extract of Board Resolution dated
05/08/2023 at Exh. 14 to demonstrate that Ms. Swati Arvindkumar
Kalatme is authorized to depose in the suit. Further, as per the
plaintiff, defendants had placed purchase orders time to time with
plaintiff and accordingly, plaintiff has sold, supplied and delivered
goods to the defendants. The plaintiff has filed purchase order on
01/07/2016, 18/07/2016 and 26/07/2016 on record at Exh. 25 to 27.
On perusing said purchase orders, it appears that defendants had
placed purchase orders. Further, it is the contention of plaintiff that the
said goods were sold, supplied and delivered to defendants. The said
goods were delivered through transport and to support said contention
plaintiff has filed Lorry Receipts on record at Exh. 15, 16, 28 and 29.
On perusing said receipts, it appears that it does not bear signature of
defendants.
07] As per the plaintiff he raised invoices bearing No.
PT67067 dated 08/07/2016 for sum of Rs. 79,463/-, PT68999 dated
22/07/2016 for sum of Rs. 13,020/-, PT69612 dated 28/07/2016 for
sum of Rs.8,993/-, PT69878 dated 01/08/2016 for sum of
Rs. 1,350/-. The said invoices are at Exh. 17 colly. Further, it is the
contention of plaintiff that it also raised sales debit Note No. PZ70034
dated 12/05/2017 for sum of Rs. 300/- and Debit Note No. PZ70135
dated 18/07/2017 for sum of 300/-. The said Debit Notes are at
Exh. 18 colly. Thus, it appears that plaintiff had raised invoices and
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debit notes total amounting to Rs. 1,03,426/-. Further, on perusing
purchase orders and invoices filed on record, it appears that
defendants had placed purchase orders and accordingly plaintiff had
supplied goods. It is also contention of plaintiff that defendants have
made part payment of Rs. 20,000/- on 14/09/2017, Rs. 20,000/- on
28/03/2018, Rs. 10,000/- on 29/03/2019 and also raised Credit Note
No. PD61824 dated 09/12/2016 for sum of Rs.13,710/-, total
amounting to Rs. 63,710/-. The said credit notes are at Exh. 19. It is
also contention of plaintiff that after deducting part payment made by
defendants a balance amount Rs.39,716/- was due against defendants.
The plaintiff has filed sales ledger for the period 01/04/2016 to
22/05/2019 at Exh. 20. Thus, on perusing said sales ledger, it
substantiates claim of plaintiff.
08] Further, it is the contention of plaintiff that defendants
have failed to make the payment as per due date of invoices therefore,
plaintiff is entitled for interest at the rate of 18% p.a. as per conditions
mentioned in the invoices. The defendants have failed to appear and
contest the matter. Therefore, evidence of plaintiff has remained
unchallenged. Therefore, I am of the view that plaintiff has proved
that an amount of Rs. 69,216/- with interest at the rate of 18% p.a. is
due against defendants and plaintiff is entitled for same.
09] Even, I hold that the plaintiff is entitled to the further
interest on the said amount from the date of filing the suit till
realization of amount. The plaintiff has prayed for the further interest
at the rate of 18% p.a. on the basis of invoices. However, I am of the
view that the same is excessive as compared to rate of interest of
Nationalized Banks. Therefore, having regard to the provision of
section 34 of the Civil Procedure Code, I am of the view that granting
the interest at the rate of 7% p.a. on the principal amount would be
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just, proper and reasonable. Hence, I hold that the plaintiff is entitled
to further interest at the rate of 7% p.a. on the principal amount, from
the date of filing the suit till its full realization. Further, as discussed
above, defendant No. 1 is founder of defendant No. 2 School.
Therefore, they are jointly and severally are liable to pay outstanding
amount with interest to the plaintiff. Hence, I answer point No. 1
accordingly. In the result, in answer to point No. 2, I proceed to pass
following order.
O R D E R
1) Summary Suit No. 772 of 2019 is hereby decreed with the costs.
2) The defendants shall jointly and severally pay an amount of
Rs. 69,216/- (Rupees Sixty Nine Thousand Two Hundred and
Sixteen only) to the plaintiff.
3) The defendants shall jointly and severally pay to the plaintiff
simple interest on Rs. 39,716/- at the rate of 7% per annum
from 15/06/2019, the date of filing of suit till its full realization.
4) The plaintiff may be entitled to get refund the court fees paid, if
provided for in Rules.
5) The decree be drawn up accordingly.
(Sangram S.Shinde)
Ad-hoc Judge,
City Civil Court, Mazgaon, Mumbai.
Dated: 26/03/2025 C.R.No.81
Dictated on: 26/03/2025
Corrected & signed on: 27/08/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
28/03/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER
26/03/2025
JUDGMENT/ORDER signed by P. O. on 27/03/2025
JUDGMENT/ORDER uploaded on 28/03/2025
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