Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.1052/2018
Received on : 03.05.2018
Registered on : 19.09.2018
Decided on : 03.05.2019
Duration : Y M D
01 00 02
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1052 OF 2018
CNR NO.: MHCC010060372018
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. Vishal Kad
Founder
TOTARAM BABA ENGLISH SCHOOL
Sipora (Mahora) – 431 114,
Tal.: Bhokardan, Dist.: Jalna,
Maharashtra. ...Defendant.
Appearances:
Advocate Ms. Ritika Iyer for the Plaintiff.
Defendant Exparte.
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 :
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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.T50726 dated 06.04.2015 for the sum of Rs.50,584.00, Invoice
bearing No.T50982 dated 07.04.2015 for the sum of Rs.4,488.00, in
aggregate sum of Rs.55,072.00. Plaintiff has further stated that after lot
of persuasion and followup defendant have made part payment on
dated 06.02.2017 vide bank a sum of Rs.10,000/ was received, and
Credit Note was raised upon defendant vide Credit Note No.R53311
dated 15.09.2015 for the sum of Rs.12,166.00, Credit Note No.R53376
dated 16.09.2015 for the sum of Rs.1,195.00, in aggregate sum of
Rs.23,361.00. After giving due credit for amount of credit note, Debit
given as per their clients statement of account now a sum of
Rs.31,711.00 is due and payable by defendant to plaintiff.
2. 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 04.04.2018 calling
upon defendant to make payment of balance sum of Rs.31,711.00.
Therefore, plaintiff filed this suit.
3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
4. Heard the Ld. Advocate for the plaintiff.
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5. 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.53,424/ from
defendant along with interest @ 18%
p. a. on the sum of Rs.31,711/ 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
6. 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 31.12.2014
4. Exh.10 Original Purchase order dated 31.12.2014
5. Exh.11 Xerox coy of L.R. dated 26.03.2015
6. Exh.12 Original L.R. No.168610 dated 02.04.2015
7. Exh.13 Office copy of Invoice dated 06.04.2015
8. Exh.14 Office copy of Invoice dated 07.04.2015
9. Exh.15 Credit Note dated 15.09.2015
10. Exh.16 Credit Note dated 16.09.2015
11. Exh.17 Office copy of Sales Ledger dated 01.04.2015 to
31.03.2019
12. Exh.18 Office copy of Notice dated 22.03.2018
13. Exh.19 Original postal receipt dated 22.03.2018
14. Exh.20 Original A.D. Card dated 04.04.2018
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AS TO POINT NOS. 1 AND 2:
7. 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 order bearing
No.854 dated 31.12.2014 and purchase order No.855 dated
31.12.2014, plaintiff sold, supplied and delivered to defendant said
goods through G.S. Transport Corporation vide L.R. No.167484 dated
26.03.2015, L.R. No.168610 dated 02.04.2015, respectively which were
acknowledged by defendant without any protest for quality, quantity till
date. She has further stated that in due course of business of plaintiff
raised invoices upon defendant Invoice bearing No.T50726 dated
06.04.2015 for the sum of Rs.50,584.00, Invoice bearing No.T50982
dated 07.04.2015 for the sum of Rs.4,488.00, in aggregate sum of
Rs.55,072.00.
8. Mrs. Neha Nachiket Kulkarni (P.W.1) has further stated that
after lot of persuasion and followup defendant have made part
payment on dated 06.02.2017 vide bank a sum of Rs.10,000/ was
received, and Credit Note was raised upon defendant vide credit Note
No.R53311 dated 15.09.2015 for the sum of Rs.12,166.00, Credit Note
No.R53376 dated 16.09.2015 for the sum of Rs.1,195.00, in aggregate
sum of Rs.23,361.00. After giving due credit for amount of credit note,
Debit given as per their clients statement of account now a sum of
Rs.31,711.00 is due and payable by defendant to plaintiff. Plaintiff has
further stated that as defendant failed to make payment of outstanding
amount. Therefore, plaintiff 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 04.04.2018 calling upon defendant to
make payment of balance sum of Rs.31,711.00
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9. Plaintiff has produced all the corroborating documents which are
Copy of Board of Resolutions, Original Purchase Orders, Xerox copy of
L.R., Copy of Original L.R., Office copy of Invoices, Credit Notes, Office
Copy of Sales Ledger, Office copy of Notice, Original Postal receipt and
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.53,424/ from defendant.
10. 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.31,711/ 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.53,424/ to plaintiff along
with interest @ 9% p.a. on the sum of Rs.31,711/ 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.”
24.05.2019 At 3:43 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 24.05.2019
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