Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.1044/2018 1
Received on : 03052018
Registered on : 19092018
Decided on : 09072019
Duration : 01Y 02M 08D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1044 OF 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010060312018
Jeevandeep Prakashan Pvt.Ltd.
Having Reg.office at
Sun Pazradise 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.Nitin Pansare
Age not known, Occ.Business
Proprietor
Sai Stationers,
Nehru Chowk, Chakan410 501,
Tal: Khed, Dist.:Pune
Maharashtra. ….Defendant
Appearances:
Advocate M/s.J.R.Vakil & Associates for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 9TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.1,16,287/(Rupees One Lac
Sixteen Thousand Two Hundred and Eighty Seven only).
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SUMMARY SUIT NO.1044/2018 2
2. The plaintiff case in nut shell is that plaintiff is in business of
educational publisher . From time to time as per the orders given by
defendant plaintiff has supplied goods to defendant. Plaintiff has raised
invoices but defendant has failed to pay the amount of goods received
by him. Defendant is in default of Rs.1,16,287/(Rupees One Lac
Sixteen Thousand Two Hundred and Eighty Seven only). Hence, this
suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff proves that
he has supplied goods from time to time
to defendant?
Yes
2. Whether the plaintiff proves that
amount of Rs.1,16,287/(Rupees One
Lac Sixteen Thousand Two Hundred
and Eighty Seven only) is due and
recoverable from defendant?
Yes
3. Whether the plaintiff is entitled
for recovery of Rs.1,16,287/(Rupees
One Lac Sixteen Thousand Two
Hundred and Eighty Seven only) along
with interest as claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.1044/2018 3
REASONS
AS TO POINT NO.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Neha Nachiket Kulkarni vide Exh.5
and filed board resolution, original purchase order, email orders,
originals LR, office copy of invoices, debit note, credit notes, sales
ledger, demand notice and postal receipts.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The original purchase
order, email orders, originals LR, office copy of invoices, debit note,
credit notes, sales ledger, demand notice shows that From time to time
as per the orders given by defendant plaintiff has supplied goods to
defendant. Plaintiff has raised invoices but defendant has failed to pay
the amount of goods received by him. Defendant is in default of
Rs.1,16,287/(Rupees One Lac Sixteen Thousand Two Hundred and
Eighty Seven only). As far as rate of interest is concerned, the plaintiff
has claimed interest @ 18% p.a. The rate of interest is mentioned in
invoices therefore, such rate of interest is granted. Therefore, point No.1
to 3 is answered as 'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay amount of Rs.1,16,287/(Rupees One Lac
Sixteen Thousand Two Hundred and Eighty Seven only) with interest @
18% p.a. from the date of filing of suit till the date of realization.
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SUMMARY SUIT NO.1044/2018 4
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date:09/07/2019 City Civil Court,Gr. Bombay
Dictated on : 09/07/2019
Transcribed on :10/07/2019
Signed on :11/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 at 11.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
09/07/2019
Judgment/Order signed by P.O. on 11/07/2019
Judgment/Order uploaded on 15/07/2019
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