Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
SU 2415 of 2018 .. 1.. (Exh. 21)
MHCC010060412018
Lodged on :03/05/2018
Registered on :05/09/2018
Decided On :13/07/2022
Duration :04Y:2M;10D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 2415 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. Tirumal Reddy, ]
Age.: 31, Occup. Service. ] ....Plaintiff
V/s
Mr. Waghmare Balaji, ]
Principal, ]
Jijau Memorial English Medium School ]
(Gramin Vikas Sanstha Sanchalit) ]
At & Post : Lohara ]
Tal. & Dist.: Osmanabad, ]
Maharashtra. – 413608 ] ....Defendant
Appearance:
Adv. Ms. Sonal Sawant i/b M/s. J.R.Vakil & Associates, for the plaintiff.
Defendant Exparte.
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Judgment in
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SUIT FOR RECOVERY OF MONEY
Coram : His Honour Judge
Shri. S. B. Pawar.
CR No. : 59.
Date : 13/07/2022.
JUDGMENT
This is a suit for recovery of money.
Case of the plaintiff in nutshell is as under :
2. Plaintiff is a Private Limited Company incorporated under
the Companies Act, 1956, carrying on the business as Educational
Publishers and having its registered office on the address mentioned in
the plaint caption. Defendant, as the Principal of Jijau Memorial English
Medium School situated at Post Lohara, Tal. and Dist. Osmanabad,
Maharashtra, verbally ordered necessary study material for the
requirement of the school from the plaintiff. The plaintiff supplied and
delivered the said material to the defendant from time to time, which
were duly acknowledged by the defendant without any objection
regarding quality and quantity.
3. It is further the case of the plaintiff that plaintiff raised
invoices in the course of its business with the defendant. The plaintiff
raised the invoice No. T51556 dated 13.04.2015 for Rs. 1,29,563/ and
opening balance Rs.826/ as on 1.04.2015, in aggregate sum of
Rs.1,30,389/.
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4. It is further pleaded in the plaint that after lot of persuasion and
followup, defendant made the payment of Rs.830/ on 7.04.2015 and
Rs.50,000/ on 08.01.2016. He also raised credit notes upon the
defendant vide Credit Note No. R52449 dated 27.08.2015 of
Rs.28,725/, Credit Note No. R54337 dated 19.10.2015 of Rs. 18,210/
and Credit Note No. D51636 dated 23.12.2015 of Rs. 4,131/. Thus, an
amount of Rs.28,493/ was due and payable by the defendant to the
plaintiff.
5. Plaintiff further pleaded that he sent demand notice
through its advocate to defendant on 23.03.2018 calling upon the
defendant to pay the amount of Rs.28,493/ alongwith interest. It was
duly received by the defendant. But defendant failed to make payment
of the amount. The defendant is liable to pay the amount with interest
at the rate of 18%. Hence, this suit is filed for recovery of an amount of
Rs.40,212/ inclusive of interest with further interest at the rate of 18%
p.a.
6. Writ of summons was served upon the defendant by RPAD
but the defendant failed to appear in the suit. Therefore, the suit
proceeded exparte against the defendant.
7. Heard Ld. Advocate for the plaintiff. Following points arise
for my determination, to which I record my findings for the reasons to
follow:
Sr.No. FINDINGS REASONS
1. Whether plaintiff proves that an
amount of Rs.40,212/ is due
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and outstanding from the
defendant to the plaintiff?
Yes
2. Whether the plaintiff is entitled
to recover the above amount
from the defendant? Yes
3. Whether the plaintiff is entitled
to interest on the above
amount? What shall be the rate
of interest?
Yes..
At 6% p.a.
4. What order? Suit is decreed.
REASONS
As to Point No. 1 to 4.:
8. In order to prove the suit claim, PW1 Hima Amit Gosalia
filed her affidavit in lieu of examination in chief at Exh.6. In her
evidence, all the documents produced along with List Exh.7 are duly
proved and accordingly exhibited in the evidence. Document at Exh.9
is the Resolution dated 03.02.2020 whereby the witness is authorized to
appear and lead evidence on behalf of the plaintiff. Therefore, PW1
Hima Gosalia is the authorized person to depose on behalf of the
plaintiff.
9. So far as the transaction between the plaintiff and
defendant is concerned, sales order at Exh.10 dated 04.04.2015 shows
that pursuant to the order placed by the defendant on 17.03.2015,
plaintiff supplied materials. Exh.11 is the Lorry Receipt of “VRL
LOGISTICS LTD' dated 13.04.2015. This document shows that the
materials were delivered to the defendant. Delivery challan annexed
with it bears the signature of the defendant acknowledging receipt of
the material. The invoice at Exh.12 dated 17.03.2015 indicates that the
invoice was raised pursuant to the sales order at Exh.10.
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10 The above documentary evidence of the plaintiff is
sufficient to hold that plaintiff sold material worth Rs.1,29,563/ to the
defendant in the month of March 2017 and the same is received by the
defendant.
11. Exhs.13 to 15 are the Credit Notes dated 27.08.2015,
19.10.2015 and 23.12.2015 for Rs.28,725/, Rs.18,210/and
Rs.4,131/, respectively. The ledger statement at Exh.16 reflects the
entries of the said credit notes. The statement further shows the receipt
of amount from the defendant on 07.04.2015 and 08.01.2016. As per
the said statement, out of Rs.1,30,389/, an the amount of Rs. 28,493/
is balance from the defendant.
12. The document at Exh.17 is demand notice dated
23.03.2018 issued by the plaintiff to the defendant calling upon
defendant to pay the outstanding amount of Rs. 28,493/ alongwith
interest. Acknowledgement card at Exh.17 shows that demand notice is
received by the defendant. The above unchallenged oral and
documentary evidence of the plaintiff is sufficient to draw interference
that an amount of Rs.28,493/is due and outstanding from the
defendant to the plaintiff and that the defendant is liable to pay the said
amount to the plaintiff.
13. Plaintiff is claiming interest at the rate of 18% on the
principal amount. The suit claim is for Rs.40,212/. The plaintiff has
included interest at the rate 18% p.a. on the principal amount till the
date of suit and has further claimed same interest from the date of suit.
The transaction between the parties does not appear to be a commercial
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transaction. Therefore, the rate of interest claimed by the plaintiff is
excessive. In terms of Section 34 of the Code of Civil Procedure, further
rate of interest cannot be granted as prayed by plaintiff. Therefore, it
would be just and proper to award the interest at the rate of 6% from
the date of the suit. Accordingly, point Nos. 1 to 3 are answered in the
affirmative and following order is passed:
ORDER
1. Suit No. 2415 of 2018 is decreed with costs.
2. Defendant shall pay an amount of Rs.40,212/ to the plaintiff
with interest at the rate of 6% p.a. on principal amount of
Rs.28,493/ from the date of the suit till realization of the entire
amount.
3. Decree be drawn up accordingly.
4. Suit No. 2415 of 2018 is disposed of.
(S.B. Pawar)
Judge,
Dated: 13/07/2022 City Civil and Sessions Court,
Greater Bombay (CR 59)
Declared on : 13.07.2022
Dictated on : 13.07.2022
Transcribed on : 14.07.2022
Checked & Signed on :
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.. 7.. Ord.in Summary
Judgment No.1021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.07.2022 at 2.15 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 13.07.2022
Order signed by P.O. on 13.07.2022
order uploaded on 16.07.2022
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.. 8.. Ord.in Summary
Judgment No.1021
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