Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.1072/2018
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. 1072 OF 2018
CNR NO.: MHCC010060382018
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
Mrs. Nikita Pramod Bedre
Director
AASTHA PUBLIC SCHOOL
Sharda Nagar, Bapusaheb Nagar,
Mudkhed – 431 806, Dist.: Nanded,
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 it carries on business as Educational
Publishers under the name and Style of Jeevendeep Prakashan Pvt. Ltd.
Plaintiff has further 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.T51108 dated 08.04.2015 for the sum of Rs.52,749.00, Invoice
bearing No.T51356 dated 10.04.2015 for the sum of Rs.7,088.00,
Invoice bearing No.T60363 dated 02.09.2015 for the sum of Rs.570.00
in aggregate sum of Rs.60,407.00.
2. Plaintiff has further stated that after lot of persuasion and
followup defendant has made part payment on dated 14.03.2016 vide
bank a sum of Rs.10,000/ was received, and Credit Note was raised
upon defendant vide credit Note No.R54455 dated 20.10.2015 for the
sum of Rs.15,809.00, Credit Note No.R51806 dated 30.12.2015 for the
sum of Rs.5,946.00 in aggregate sum of Rs.31,755.00. After giving due
credit for amount of credit note, Debit given as per its statement of
account now a sum of Rs.28,652.00 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 26.03.2018 which was posted on 26.03.2018 by
Regd. A.D. and ordinary post. Plaintiff has further stated that the said
postal packet came back with postal remark that “Concern persons was
not available at the time of delivery” therefore returned back on or
about 28.03.2018. 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.46,995/ from
defendant along with interest @ 18%
p. a. on the sum of Rs.28,652/ 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 :
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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 26.03.2015
4. Exh.10 Original Order dated 31.08.2015
5. Exh.11 Original L.R. No.334/58915 dated 04.04.2015
6. Exh.12 Xerox copy of L.R. dated 09.04.2015
7. Exh.13 Xerox copy of L.R. dated 02.09.2015
8. Exh.14 Office copy of Invoice dated 08.04.2015
9. Exh.15 Office copy of Invoice dated 10.04.2015
10. Exh.16 Office copy of Invoice dated 02.09.2015
11. Exh.17 Credit Note dated 20.10.2015
12. Exh.18 Credit Note dated 30.12.2015
13. Exh.19 Office copy of Sales Ledger dated 01.04.2013 to
31.03.2016
14. Exh.20 Office copy of Notice dated 26.03.2018
15. Exh.21 Original postal receipt dated 26.03.2018
16. Exh.22 Original Returned envelope dated 28.03.2018
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 purchase order bearing No.188
dated 26.03.2015, order bearing No.32168 dated 31.08.2015 plaintiff
sold supplied and delivered to defendant said goods through
Chintamani Travel Agency bearing L.R.No.334/58915 dated
04.04.2015, Chintamani Travels Agency bearing L.R. No.334/59160
dated 09.04.2015, Chintamani Travels Agency bearing L.R.
No.334/66350 dated 02.09.2015, respectively which were
acknowledged by defendant without any protest for quality, quantity till
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date. She has further stated that in due course of business plaintiff
raised Invoices upon defendant Invoice bearing No.T51108 dated
08.04.2015 for the sum of Rs.52,749.00, Invoice bearing No.T51356
dated 10.04.2015 for the sum of Rs.7,088.00, Invoice bearing
No.T60363 dated 02.09.2015 for the sum of Rs.570.00 in aggregate
sum of Rs.60,407.00. She has further stated that Notice sent to
defendant is delivered to defendant on which was posted on 26.03.2018
by Registered A.D. The said postal packet came back with postal remark
that “Concern person was not available at the time of delivery”
therefore returned back on or about 28.03.2018.
9. Plaintiff has produced all the corroborating documents which are
Copy of Board of Resolutions, Copy of Purchase order, Original Order,
Original Lorry Receipt, Xerox copies of Lorry Receipts, Office copies
Invoices, Credit Notes, Office copy of Sales Ledger, Office copy of
Notice, Original Postal receipt, Original returned envelope 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.46,995/ 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.28,652/ 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.46,995/ to plaintiff along
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with interest @ 9% p.a. on the sum of Rs.28,652/ 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 03:04 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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