Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.1039/2018
MHCC010060252018 Presented on : 03/05/2018
Registered on : 19/09/2018
Decided on : 01/08/2023
Duration : 05Y 02M 29D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.30
SUMMARY CIVIL SUIT NO.1039 OF 2018
Jeevandeep Prakashan Pvt. Ltd.
Having Reg. Office at Sun Paradise Business
Plaza, First Floor, Senapati Bapat Marg, Lower
Parel, Mumbai 400 013. Through its Legal
Assistant manager Mrs. Tirumala Reddy,
Occupation : Service.
]
]
]
]
]
] ..Plaintiff
V/s.
Mr. Supekar Masaji
Founder, S. K. PRE-PRIMARY SCHOOL (CONVENT)
At & Post.: Watur Fata, Tal.: Partur – 431 501,
Dist.: Jalna, Maharashtra.
]
]
]
] ..Defendant
Appearance :-
Learned Advocate Hetal Vakil alongwith Advocate Jay Yadav for
plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 01/08/2023.
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.79,205/-. It is the contention of the plaintiff that it is carrying on
business of selling books. The defendant is the founder of a school. In
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pursuant to the order placed by defendant, the plaintiff has sold,
supplied and delivered goods through transporter G. S. Transport
Corporation, to the defendant. The plaintiff raised various invoices in
respect of supply of goods i.e. on 06/04/2015 for Rs.18,495/- and
Rs.40,520/-, 28/05/2015 for Rs.990/-, 18/06/2015 for Rs.990/-,
08/07/2015 for Rs.648/-, 30/06/2016 for Rs.32,186/- and
02/08/2016 for Rs.3,390/-, totaling to Rs.97,219/-. It is also
contended by the plaintiff that after persuasion and follow-up,
defendant has made part payments on various dates and lastly on
31/08/2016, thus, the defendant paid Rs.82,503/- and failed to repay
the balance due amount of Rs.14,716/-, therefore, filed the instant
suit.
2 In response to the writ of summons which were issued to
the defendants vide (Exh-05), the summons were duly served upon the
defendant, but he failed to appear before the Court. Therefore, as per
the
roznama dated 08/04/2019, suit proceeded ex-parte against the
defendant.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the
defendant is in due of amount of
Rs.14,716/- and liable to pay to it ?
Affirmative
2 Does the plaintiff prove that it is entitled
to charge interest as prayed for ?
Partly Affirmative
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3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the plaintiff has
filed affidavit of PW-1 by name Ms. Hima Gosalia and relied on various
documents (Exhibit-08 to Exhibit-28) filed under list (Exhibit-07).
Heard learned advocate for plaintiff.
As to point Nos.1 to 3 :-
5 The plaintiff has tendered the Claim Affidavit of Ms. Hima
Gosalia (Exh-06) alongwith documents as per list (Exh-07). On perusal
of the copy of invoices, it reveals that the defendant has failed to make
payment of balance due amount of Rs.14,716/-. Inconsequence of
failure to pay the balance due amount under the invoices, the plaintiff
has issued a notice on 22/03/2018. Thus, the plaintiff is entitled for
recovery of balance due amount under the invoices.
6 On perusal of the record, it shows that plaintiff has raised
various invoices amounting to Rs.97,219/- and the defendant has
made part payments on various dates upto Rs.82,503/-. The absence
and omission on the part of the defendant to appear before the Court
shows that he has no substantial defence and has admitted the claim of
plaintiff.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
am of the view that it is exorbitant rate of interest. No doubt the
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No.1039/2018
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, it would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of last payment i.e.
31/08/2016, till its full realisation. In view of above discussions, I
answer point No.1 in affirmative and point Nos.2 and 3 in partly
affirmative.
8 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summary Civil Suit No.1039/2018, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.14,716/- alongwith interest at the rate of 9% per
annum, from the date of last payment i.e.
31/08/2016, till its full realisation from the
defendant.
3. Decree be drawn up accordingly.
4. Court fees, if any, be refunded as per rule.
(Judgment pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 01/08/2023 C.R. No.15
Dictated on : 01/08/2023
Transcribed on : 02/08/2023
Signed on : 02/08/2023
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No.1039/2018
“Certified to be true and correct copy of the original signed order”.
02/08/2023
at about 05.35 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 01/08/2023
Order signed by Hon'ble Judge on : 02/08/2023
Order uploaded on : 02/08/2023
at about 05.35 p.m.
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