Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.1073/2018
Received on : 03.05.2018
Registered on : 25.09.2018
Decided on : 03.05.2019
Duration : Y M D
01 00 02
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1073 OF 2018
CNR NO.: MHCC010060302018
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
Age : 31, Occup : Service ...Plaintiff
Versus
Mr. Shri Amol Sitaram Waghmare
Age not known
Founder
FINIX ENGLISH SCHOOL
Opp. Panchayat Sameetee,
Ramnagar, Paithan – 431 107,
Dist.: Aurangabad,
Maharashtra. ...Defendant.
Appearances:
Advocate Ms. Hetal Vakil for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that pursuant to defendant verbal and
purchase order from time to time, it sold supplied and delivered to
defendant said goods through Delivery challans from time to time
which were acknowledged by defendant without any protest for quality,
quantity till date. Plaintiff has further stated that in due course of
business it raised Invoices upon defendant vide Invoice bearing
No.T53515 dated 21.05.2015 for the sum of Rs.30,758.00, Invoice
bearing No.T53589 date 22.05.2015 for the sum of Rs.16,035.00,
Invoice bearing No.T54884 dated 08.06.2015 for the sum of
Rs.3,645.00, Invoice bearing No.T60698 dated 13.10.2015 for the sum
of Rs.12,848.00, in aggregate sum of Rs.63,286.00.
2. Plaintiff has further stated that after lot of persuasion and
followup defendant has made part payment on dated 29.10.2015 vide
bank a sum of Rs.10,000/ was received, and Credit Note was raised
upon defendant vide credit Note No.R51998 dated 20.08.2015 for the
sum of Rs.13,400.00, Credit Note No.R52057 dated 20.08.2015 for the
sum of Rs.191.00, Credit Note No.D51027 dated 28.11.2015 for the
sum of Rs.3,313.00, in aggregate sum of Rs.26,904.00. After giving due
credit for amount of credit note, Debit given as per it statement of
account now a sum of Rs.36,382.00 is due and payable by defendant to
it.
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3. Plaintiff has further stated that it through their Advocate sent
legal Notices dated 22.03.2018 which was posted on 22.03.2018 by
Regd. A.D. which was received by defendant on 24.03.2018 calling
upon defendant to make payment of balance sum of Rs.36,382.00.
Therefore, plaintiff filed this suit.
4. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
5. Heard the Ld. Advocate for the plaintiff.
6. Following points arise for determination and their findings
followed by reasons are as stated below:
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.52,289/ from
defendant along with interest @ 18%
p. a. on the sum of Rs.36,382/ from
the date of filing of the suit till its
realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Copy of Board Resolution dated 01.12.2017
2. Exh.8 Copy of Board Resolution dated 25.02.2019
3. Exh.9 Original Purchase Order dated 20.04.2015
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4. Exh.10 Original Purchase Order dated 07.05.2015
5. Exh.11 Original Email order dated 02.06.2015
6. Exh.12 Original L.R. dated 20.05.2015
7. Exh.13 Original L.R. dated 21.05.2015
8. Exh.14 Original L.R. dated 06.06.2015
9. Exh.15 Original L.R. dated 12.10.2015
10. Exh.16 Office copy of Invoice dated 21.05.2015
11. Exh.17 Office copy of Invoice dated 22.05.2015
12. Exh.18 Office copy of Invoice dated 08.06.2015
13. Exh.19 Office copy of Invoice dated 13.10.2015
14. Exh.20 Credit Note dated 20.08.2015
15. Exh.21 Credit Note dated 20.08.2015
16. Exh.22 Credit Note dated 28.11.2015
17. Exh.23 Office copy of Sales ledger dated 01.04.2015 to
31.03.2016
18. Exh.24 Office copy of Notice dated 22.03.2018
19. Exh.25 Original postal receipt dated 22.03.2018
20. Exh.26 Original A.D. Card dated 24.03.2018
AS TO POINT NOS. 1 AND 2:
8. Plaintiff has adduced evidence of Mrs. Neha Nachiket Kulkarni
(P.W.1) in the form of affidavit below Exh.5 and she has stated in her
evidence that pursuant to defendant verbal and purchase orders bearing
No.10208 dated 20.04.2015, Purchase order No.10209 dated
07.05.2015 and email order No.31699 dated 02.06.2015, plaintiff sold
supplied and delivered to defendant said goods through Batco
Roadlines Corpn vide L.R. No. 03804065 dated 20.05.2015, L.R.
No.03804111 dated 21.05.2015 dated 21.05.2015, L.R. No.03805135
dated 06.06.2015 and G.S. Transport Corporation vide L.R. No.197071
dated 12.10.2015, respectively which were acknowledged by defendant
without any protest for quality, quantity till date. She has further stated
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that in due course of business plaintiff raised Invoices upon defendant
Invoice bearing No.T53515 dated 21.05.2015 for the sum of
Rs.30,758.00, Invoice bearing No.T53589 dated 22.05.2015 for the sum
of Rs.16,035.00, Invoice bearing No.T54884 dated 08.06.2015 for the
sum of Rs.3,645.00, Invoice bearing No.T60698 dated 13.10.2015 for
the sum of Rs.12,848.00, in aggregate sum of Rs.63,286.00.
9. Mrs. Neha Nachiket Kulkarni (P.W.1) has further stated that
after lot of persuasion and followup defendant has made part payment
on dated 29.10.2015 vide bank a sum of Rs.10,000/ was received, and
Credit Note was raised upon defendant vide credit Note No.R51998
dated 20.08.2015 for the sum of Rs.13,400.00, Credit Note No.R52057
dated 20.08.2015 for the sum of Rs.191.00, Credit Note No.D51027
dated 28.11.2015 for the sum of Rs.3,313.00, in aggregate sum of
Rs.26,904.00. After giving due credit for amount of credit note, Debit
given as per their clients statement of account now a sum of
Rs.36,382.00 is due and payable by defendant to plaintiff. She has
further stated that as defendant failed to make payment of outstanding
amount. Therefore plaintiff through their Advocate sent legal Notice
dated 22.03.2018 which was posted on 22.03.2018 by Regd. A.D. and
which was received by defendant on 24.03.2018 calling upon defendant
to make payment of balance sum of Rs.36,382.00. She has further
stated that Notice sent to defendant is delivered to defendant by Regd.
A.D. which was received by defendant on 24.03.2018.
10. Plaintiff has produced all the corroborating documents which are
Copy of Board of Resolutions, Copy of Purchase orders, Original Email
Order, Original Lorry Receipts, Office copy of Invoices, Credit Notes,
Office copy of Sales Ledger, Office copy of Notice, Original Postal
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receipt, Original A.D. Card on record as documentary evidence. The oral
evidence of plaintiff is corroborated by documentary evidence.
Defendant has failed to challenge all the allegations in the plaint and
evidence of plaintiff. Therefore, plaintiff has proved that it is entitled to
get sum of Rs.56,289/ from defendant.
11. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.36,382/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.56,289/ to plaintiff along
with interest @ 9% p.a. on the sum of Rs.36,382/ from the
date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 03.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.05.2019
Transcribed on : 03.05.2019
Signed on : 03.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23.05.2019 At 12:07 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 23.05.2019
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