Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.659/2018 1
Received on : 05052018
Registered on : 22062018
Decided on : 30072019
Duration : 01Y 02M 27D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 659 0f 2018
(CNR NO.: MHCC010062052018)
SATYEN POLYMERS PVT.LTD.,a
company incorporated under the
provisions of the Companies Act, 1956
having its registered office at 307, A to Z
Industrial Premises, G.K.Marg,Lower
Parel, Mumbai400013. ...Plaintiff
Versus
BASANT KUMAR SHARMA Age not known
Proprietor of M/s.Fiber Glass Poly Products,
having his address at Additional Ambernath,
M.I.D.C.Anand Nagar, Behind B21, Near
Durga Weigh Bridge, Ambernath(East),
and Lodha Regency, H305, Sandap
Manpada, Dombivali(East), Thane 421204. ...Defendant
Appearances:
Advocate Ms.Nisha Shah for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 30TH JULY 2019
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SUMMARY SUIT NO.659/2018 2
J U D G M E N T
This is a suit for recovery of Rs.4,64,511/(Rupees Four Lacs
Sixty Four Thousand Five Hundred and Eleven only).
2. Plaintiff case in nut shell is that plaintiff is a private company and
is engaged in the business of manufacturing and selling inter alia,
unsaturated Polyester resins, gelcoats, adhesives and performance
coatings. Since about more than five years plaintiff is supplying to
defendants various goods on basis of purchase order placed by
defendant. From time to time plaintiff has supplied various goods and
defendant is in default of Rs.4,64,511/(Rupees Four Lacs Sixty Four
Thousand Five Hundred and Eleven only).Hence, t his 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
the defendant?
Yes
2. Whether plaintiff proves that
amount of Rs.4,64,511/(Rupees Four
Lacs Sixty Four Thousand Five
Hundred and Eleven only) is due and
recoverable from defendant?
Yes
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SUMMARY SUIT NO.659/2018 3
3. Whether plaintiff is entitled for
recovery of Rs.4,64,511/(Rupees
Four Lacs Sixty Four Thousand Five
Hundred and Eleven only) along 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 Shri.Sumeet Gholap, Authorized
representative vide Exh.6 and filed certified copy of resolution Exh.8,
copies of invoices Exh.9 to Exh.13, original cheque Exh.14, bank return
memo Exh.15, advocate demand notice Exh.16, postal
acknowledgement Exh.17 and balance confirmation letter Exh.18.
6. Heard Ld.counsel for plaintiff.
7. Affidavit is supported by documents. The copies of invoices Exh.9
to Exh.13, original cheque Exh.14, bank return memo Exh.15, advocate
demand notice Exh.16, postal acknowledgement Exh.17 and balance
confirmation letter Exh.18 shows that plaintiff is a private company
and is engaged in the business of manufacturing and selling inter alia,
unsaturated Polyester resins, gelcoats, adhesives and performance
coatings. Since about more than five years plaintiff is supplying to
defendants various goods on basis of purchase order placed by
defendant. From time to time plaintiff has supplied various goods and
defendant is in default of Rs.4,64,511/(Rupees Four Lacs Sixty Four
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SUMMARY SUIT NO.659/2018 4
Thousand Five Hundred and Eleven only). As far as rate of interest is
concerned, plaintiff has prayed for interest @ 18% p.a. Such rate of
interest is mentioned in invoices and therefore, it can be granted.
Accordingly, point No.1 to 3 answered as 'Yes' and following order is
passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff a sum of Rs.4,64,511/(Rupees
Four Lacs Sixty Four Thousand Five Hundred and Eleven only) along
with interest @ of 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:30/07/2019 City Civil Court,Gr. Bombay
Dictated on : 30/07/2019
Transcribed on : 01/08/2019
Signed on : 01/08/2019
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SUMMARY SUIT NO.659/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/08/2019 at 10.40p.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
30/07/2019
Judgment/Order signed by P.O. on 01/08/2019
Judgment/Order uploaded on 02/08/2019
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