Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 200/19. 1 Ex-parte Judgment.
MHCC010059742019
Presented on : 15-06-2019
Registered on : 22-11-2019
Decided on : 22-03-2021
Duration : 1 years, 9 months, 7 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 200 OF 2019
Exh.21.
Chetana Book Depot )
having their office at 4th Floor, BWing, )
Building E, Trade Link Kamala City, )
above Bombay Canteen, )
Lower Parel, Mumbai 400 013 )
Through its Legal officer )
Mr. Shaji John )
M.No. 9869669654 )...Plaintiff
Versus
Mrs. G. Sudharani )
Age: Not Known, Occup: Business )
Brillant High School, Plot No.5, )
Anand Nagar, Ramnathpur, Hyderabad, )
Telangana 500 013 )
Mr. Srinivas Reddy )
Age: Not Known, Occup: Business )
Brillant High School, Plot No.5, )
Anand Nagar, Ramnathpur, Hyderabad, )
Telangana 500 013 )...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 22nd MARCH, 2021.
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Comm.Suit No. 200/19. 2 Ex-parte Judgment.
Ms. Hetal Vakil I/b M/s. J.R.Vakil & Associates, Advocate for Plaintiff.
None for Defendant Nos.1 and 2. (Exparte ).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.3,18,882.16 (Rupees Three
Lakhs Eighteen Thousand Eight Hundred Eightytwo and Paise Sixteen
Only) with further interest at the rate of 18% p.a. The suit is based on
invoices and ledger.
Plaintiff’s case is narrated as follows :
2. Plaintiff is a partnership firm, deals in the business of
books. Defendants are running an educational institute in the name of
'Brillant High School'. Pursuant to defendants' oral purchase order,
plaintiff sold and delivered to defendants the goods as per defendants'
specification which were received and acknowledged by defendants
without any protest for quality and quantity till date. In due course of
business, plaintiff raised various invoices and tax invoices upon
defendants, total amounting to Rs.6,06,676/ (Rupees Six Lakhs Six
Thousand Six Hundred Seventysix Only). As per terms and conditions
mentioned in invoice, plaintiffs gave 30 days credit to defendants. If
defendants failed to make payment on due date, the plaintiff was
entitled to charge interest at the rate of 18% p.a. Plaintiff raised
various credit notes upon defendants and received cash on 12/08/2016
for the sum of Rs.50,000/ (Rupees Fifty Thousand Only), received vide
cheque bearing No.319170 dated 17/10/2017 for the sum of
Rs.1,00,000/, bankers charges levied upon plaintiff for a sum of
Rs.6,000/ for various cheques bounced which were issued by the
defendants. After giving credit for the same, now a sum of
Rs.1,92,438/ (Rupees One Lakh Ninetytwo Thousand Four Hundred
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Comm.Suit No. 200/19. 3 Ex-parte Judgment.
Thirtyeight Only) is due and payable by the defendants to the
plaintiffs. Despite repeated demand and a legal notice dated
03/12/2018 issued by the plaintiff, the defendants failed to make
payment. Hence, this suit.
3. As per roznama dated 13/03/2020, in view of service
affidavit vide Exh.5, summons is duly served on defendants.
Defendants failed to appear. Hence, suit is proceeded exparte against
the defendants.
4. To substantiate the claim, plaintiff has examined only one
witness and closed the evidence vide pursis Exh.20. PW 1 Shaji John
deposed before the Court vide Exh.6. The documents produced with
list Exh.7 are marked Exh.8 to 19. In view of testimony of PW 1,
purchase orders are marked Exh.9 to 11. Invoices are marked Exh.12
to 15. As per condition mentioned in invoice, defendants agreed to pay
interest at the rate of 18% p.a. if payment is made after 30 days from
the date of invoice. Sales ledger maintained by the plaintiff is at
Exh.16. Notice issued by plaintiff to defendants dated 03/12/2018 is at
Exh.17 and postal receipt is at Exh.18.
5. Defendants failed to reply the notice issued by learned
advocate for plaintiff. Defendants also failed to appear. It infers that
defendants admit the suit claim. In result, it deserves to decree the suit.
6. The interest claimed by the plaintiff at the rate of 18% p.a.
appears to be exorbitant. The interest at the rate of 12% p.a. appears to
be appropriate. Hence, the order :
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Comm.Suit No. 200/19. 4 Ex-parte Judgment.
ORDER
1. Suit is partly decreed with cost.
2. Defendant nos.1 and 2 shall pay, jointly and severally, the
amount of Rs.3,18,882.16 (Rupees Three Lakhs Eighteen
Thousand Eight Hundred Eightytwo and Paise Sixteen
Only) with interest @ 12% p.a. from the date of suit till
realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 22/03/2021. Mumbai.
1. Dictated on : 22/03/2021.
2. Transcribed on : 25/03/2021.
3. Signed on : 25/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/03/2021. 2.51 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 22/03/2021.
Judgment/Order signed by P.O. on 25/03/2021.
Judgment/Order uploaded on 25/03/2021.
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