Final Order 1

Order Details: Copy of Judgment
Pdf Text: MHCC010060402018
Presented on : 03052018
Registered on : 06092018
Decided on : 28032023
Duration : 4 Yr, 10M, 25 D
Exh. 21
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2416 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, ]
Age. 31, Occup. Service. ].... Plaintiff.
V/s
Mr. Siddaraya Koli ]
Director ]
A.M.Joshi English Medium School, ]
29/B, Swami Samarth Mandir, ]
Shri Nagar, Jule Solapur 413 004. ]
Dist. Solapur. ]
Maharashtra. ]….Defendant.
Appearance:
Adv. Hetal Vakil, for the plaintiff.
Defendants Exparte.
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SUIT FOR RECOVERY OF MONEY
Coram : Shri. S. B. Pawar.
Judge.
CR No. : 59.
Date :28th March, 2023.
ORDER
This is a suit for recovery of an amount of Rs.31,372/ with
interest.
Brief facts of the plaintiff's case are as under :
2. Plaintiff is a Private Limited Company carrying on business
as educational publisher. Pursuant to the purchase orders placed by the
defendant, plaintiff sold, supplied and delivered goods to the defendant
from April 2015 of July 2016 for aggregate sum of Rs.70,415/.
Defendant paid an amount of Rs.45,024/ against the said goods
including the amount of credit notes. The sum of Rs.25,387/ is
outstanding from the defendant. Despite of receiving legal notice dated
22.03.2018, defendant failed to make the payment of balance amount.
The defendant is liable to pay interest at the rate of 18 %p.a. As
defendant failed to pay the amount, plaintiff filed the suit for recovery
of the outstanding amount inclusive of interest till the date of the suit.
3. Defendant is duly served with writ of summons but he
failed to appear in the suit. Therefore, the suit proceeded exparte
against the defendant.
4. Following points arise for my determination to which
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findings have been recorded for the reasons discussed below.:
Sr. No. Points Findings
1. Whether plaintiff proves that an
amount of Rs.31,372/ is due
and payable by defendant to the
plaintiff?
..Yes..
2. Whether plaintiff is entitled to
recover the above amount with
interest? If yes, at what rate?
..Yes...
Interest at 9 % p.a.
3. What order and decree? Suit is decreed with
costs.
REASON
As to Point Nos.1 to 3:
5. Heard Ld. advocate for the plaintiff. In order to prove the
suit claim, Ms. Neha Nachiket Kulkarni, filed her evidence affidavit at
Exh. 5. Exh. 8 is the copy of Board Resolution authorizing PW1 Mrs.
Neha Nachiket Kulkarni to depose on behalf of the plaintiff. The
documents tendered in evidence are duly proved in the evidence of the
PW1.
6. Documents at Exh. 9(colly) are eight purchase orders
placed by defendant from April 2015 to July 2016. The invoices at
Exh.15 (colly) alongwith the lorry receipts at Exh.10 to Exh.14 reflect
that defendant received the goods from plaintiff pursuant to the
purchase orders placed by the defendant. The ledger account statement
at Exh.17 further reflects that the sum of Rs.25,387/ is outstanding
after giving credit as per credit notes and receipts from the defendant.
Despite of service of demand notice at Exh.18, the defendant has not
made the payment. The suit is within limitation. Therefore, the plaintiff
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is entitled to recover the amount from the defendant.
7. As regards the interest from the date of the suit, the
interest claimed by the plaintiff is at higher side and the same can be
restricted to 9% p.a. in view of the nature of the transaction. Therefore,
point Nos.1 and 2 are answered in the affirmative. The suit deserves to
be decreed. Hence, the following order is passed:
ORDER
1. Suit No. 2416 of 2018 is decreed with costs.
2. Defendant shall pay an amount of Rs.31,372/ to the plaintiff
with interest at the rate of 9% p.a. from the date of suit till entire
amount is realised.
3. Decree be drawn up accordingly.
4. Suit No. 2416 of 2018 is disposed off accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:28.03.2023 Greater Bombay (CR 59)
Declared on : 28.03.2023
Dictated on : 28.03.2023
Transcribed on : 30.03.2023
Checked on : 31.03.2023
Signed on : 01.04.2023.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.04.2023 at 5.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 28.03.2023
Order signed by P.O. on 01.04.2023
order uploaded on 01.04.2023
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