Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010059792019
Filed on :15.06.2019
Registered On:21.08.2019
Decided on :01.02.2021
Duration :Y-01/M-07/D-17
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.838 OF 2019
Exhibit- 13
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. Vijay Thombare
Age 45, Occ: Business
Director of Prathamesh International School
Gajanan Housing Society
M.A.C.B. Road, Saidapur
Tal: Karad, Dist: Satara
Maharashtra
2. Prathamesh International School
Age : Not applicable, Occ: not applicable
Mangalvedha-Khomnal Road
At & Post : Mangalvedha- 413 305
Dist: Solapur, Maharashtra ... Defendants
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Summ. Suit No.838/2019
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SUIT FOR RECOVERY OF RS.63,673/-
Appearance:-
Adv. Mr. 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 : 01/02/2021
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 purchase orders 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.49,330/-. After lot of persuasion and follow up defendants have
failed to make any payment. Thereafter credit note was raised upon the
defendant for the sum of Rs.9,122/-. As per the plaintiff’s sales ledger
now sum of Rs.40,208/-is due and payable by defendants to plaintiff.
Now plaintiff is to receive from defendant the amount of Rs.63,673/-
alongwith interest upto date. The plaintiff through advocate sent legal
notices dated 11.02.2019 and called upon defendants to make payment
of balance sum of Rs.40,208/-. The defendants failed to pay the total
sum of Rs.40,208/-. Hence, plaintiff is constrained to file the suit for
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Summ. Suit No.838/2019
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recovery of the said amount. The total suit claim of the plaintiff for
Rs.63,673/-.
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.63,673/- with
interest
@ 18 % per annum
on principal amount
of Rs.40,208/-
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 25.02.2019
03.02.2020
8 (colly) Original purchase order
Original purchase order
Original purchase order
Original purchase order
16.06.2016
22.06.2016
27.08.2016
27.09.2016
9 (colly) Original L. R. No.4986
Original L. R. No.8046
24.06.2016
25.06.2016
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Exhibit.
No.
Description of documents Date
10 (colly) Office Copy of Invoice
Office copy of Invoice
Office Copy of Invoice
Office copy of Invoice
25.06.2016
25.06.2016
29.08.2016
28.09.2016
11 Office copy of credit Note 09.11.2017
12 (colly) Office copy of notice
Original Postal Receipt
Original Registered A.D.Card
11.12.2019
11.02.2019
08.12.2017
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-7
to 12 go to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.49,330/- is due and
payable to the plaintiff company from defendant towards delivered of
goods. After lot of persuasion and follow up defendants have failed to
make any payment. Thereafter credit note was raised upon the
defendant vide credit note for the sum of Rs.9,122/-. As per plaintiff’s
sales ledger now a sum of Rs.40,208/- is due and payable by defendant
to plaintiff. Now plaintiff is to receive from defendants the amount of
Rs.63,673/- alongwith interest upto date. The documents at list Exhibit
7 to 12 go to establish that defendants are liable to pay Rs.63,673/- 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.63,673/- 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
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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
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.63,673/-. 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.63,673/- from the defendants
with interest on Rs.40,208/- 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.63,673/- (Rs. Sixty Three
Thousand Six Hundred Seventy Three Only) to the
plaintiff and defendants shall also pay with interest on
principal amount of Rs.40,208/- 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 :01/02/2021 Gr. Bombay
Dictated on : 01/02/2021
Typed on : 01/02/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01.02.2021 04.25 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
01/02/2021
JUDGMENT/ORDER signed by
P.O.on
01/02/2021
JUDGMENT/ORDER uploaded on 01/02/2021
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