Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1045/2018 1
Received on : 03052018
Registered on : 19092018
Decided on : 10102019
Duration : 01Y 05M 9D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1045 of 2018
CNR NO.: MHCC010060782018
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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, Occupation:Service ...Plaintiff
Versus
Mr.S.K.Abbas
Age not known, Occupation: Business
(Principal) New Kids Public School
Peddavoora508 266
Village Mandal, Dist.:Nalgonda
Telangana. ….Defendant
Appearances:
Advocate Ms.Ritika Iyer I/b/M/s.J.R.Vakil & Associates for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.1045/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 10TH OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs. 7,55,857/ (Rupees Seven Lakhs
Fifty Five Thousand Eight Hundred and Fifty Seven Only).
2. The plaintiff’s case in nutshell is that pursuant to the orders of the
defendant plaintiff sold, supplied and delivered goods to defendant. The
plaintiff has given invoices of Rs 5,65,621/. The defendant has not paid
any amount. The defendant is in default of Rs. 7,55,857/ (Rupees
Seven Lakhs Fifty Five Thousand Eight Hundred and Fifty Seven Only),
hence this suit.
3. The defendant was served with summon 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 the plaintiff proves that the
goods were supplied to defendant?
Yes
2. Whether the plaintiff proves that
amount of Rs. 7,55,857/ (Rupees Seven
Lakhs Fifty Five Thousand Eight Hundred
and Fifty Seven Only) is due and
recoverable from the defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs. 7,55,857/
Yes
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SUMMARY SUIT NO.1045/2018 3
(Rupees Seven Lakhs Fifty Five Thousand
Eight Hundred and Fifty Seven Only) with
interest as claimed?
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 Mrs. Neha Nachiket Kulkarni,
authorized person, vide Exh.7 and filed copy of board resolutions,
purchase orders, Original Lorry receipts, invoices, sales ledger, copy of
notice, postal receipt and postal acknowledgment.
6. The affidavit is supported by the documentary evidence. The copy
of board resolutions, purchase orders, Original Lorry receipts, invoices,
sales ledger, copy of notice, postal receipt and postal acknowledgment
shows that pursuant to the orders of the defendant plaintiff sold,
supplied and delivered goods to defendant. The plaintiff has given
invoices of Rs 5,65,621/. The defendant has not paid any amount. The
defendant is in default of Rs. 7,55,857/ (Rupees Seven Lakhs Fifty Five
Thousand Eight Hundred and Fifty Seven Only). As far as rate of
interest is concerned, the plaintiff has prayed for interest at the rate of
18% p.a. The said rate of interest in mentioned in the promissory note.
The relationship between the plaintiff and defendant is contractual in
nature and so such rate of interest can be granted. Therefore, point no.
1 to 3 is answered as “Yes” and following order is passed:
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SUMMARY SUIT NO.1045/2018 4
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs. 7,55,857/
(Rupees Seven Lakhs Fifty Five Thousand Eight Hundred and
Fifty Seven Only) with interest at the rate of 18% p.a. from the
date of filing of this suit till full and final realization of the
amount.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 10/10/2019 City Civil Court,Gr. Bombay
Dictated on : 10/10/2019
Transcribed on : 22/10/2019
Signed on : 23/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01/11/2019 at 3.40p.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
10/10/2019
Judgment/Order signed by P.O. on 23/10/2019
Judgment/Order uploaded on 01/11/2019
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