Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.1057/2018 1
Received on : 03052018
Registered on : 24092018
Decided on : 23072019
Duration : 01Y 02M 22D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1057 of 2018
(Under order xxxvii of code of civil procedure,1908)
(CNR NO.: MHCC010060772018)
Jeevandeep Infomedia 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, Occ.:Service ...Plaintiff
Versus
Mr.Shashi Verma
Age Not known, Occ.Business
(Principal) J.K.Convent,
Gol Bazar,
Opp.National Hospital,
Jabalpur482002
Madhya Pradesh ...Defendants
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SUMMARY SUIT NO.1057/2018 2
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 : 23rd July 2019
J U D G M E N T
This is a suit for recovery of Rs.66,832/(Rupees Sixty Six
Thousand Eight Hundred and Thirty Two only).
2. Plaintiff case in nut shell is that as per the order placed by
defendant from time to time plaintiff has supplied him goods.
Defendant is in default of Rs.66,832/(Rupees Sixty Six Thousand Eight
Hundred and Thirty Two 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 plaintiff proves that
from time to time he has supplied
goods to defendant. ?
Yes
2. Whether plaintiff proves that
amount of Rs.66,832/(Rupees
Sixty Six Thousand Eight Hundred
and Thirty Two only) is due and
recoverable from defendants?
Yes
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SUMMARY SUIT NO.1057/2018 3
3. Whether plaintiff is entitled for
recovery of Rs.66,832/(Rupees
Sixty Six Thousand Eight Hundred
and Thirty Two only) with interest
as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Smt.Neha Nachiket Kulkarni,
Authorized person vide Exh.5 and filed copy of board resolution,
original purchase order, email correspondence, original L.R's, copies of
invoices, debit note, copy of sales ledger, copy of notice and postal
receipt.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The original purchase
order , email correspondence, original L.R's, copies of invoices, debit
note, copy of sales ledger, copy of notice and postal receipt shows that
as per the order placed by defendant from time to time plaintiff has
supplied him goods. Defendant is in default of Rs.66,832/(Rupees
Sixty Six Thousand Eight Hundred and Thirty Two only). As far as rate
of interest is concerned plaintiff has prayed for rate of 18% p.a. The
said rate of interest is mentioned in invoices therefore, it can be
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SUMMARY SUIT NO.1057/2018 4
granted. Accordingly, 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 to the plaintiff the amount of Rs.66,832/
(Rupees Sixty Six Thousand Eight Hundred and Thirty Two only). with
interest @ 18% p.a. from the date of filing of the suit till full and final
realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 23/07/2019 City Civil Court,Gr. Bombay
Dictated on : 23/07/2019
Transcribed on : 24/07/2019
Signed on : 24/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/07/2019 at 1.30p.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 23/07/2019
Judgment/Order signed by P.O. on 24/07/2019
Judgment/Order uploaded on 31/07/2019
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SUMMARY SUIT NO.1057/2018 5
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