Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 637/2018 1
Received on : 05052018
Registered on : 19062018
Decided on : 05102019
Duration : 1Y 03M 27D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.637 OF 2018
( CNR NO.: MHCC010062062018)
M/S. Pinnacle Industries Controls P. Ltd.
Having its registered office at J208, Ansa
Industrial Estate, Saki Vihar Road, Sakinaka
Andheri (East), Mumbai 400 072
Through its Director,
Mr. Sunil Madhukar Raut. ...Plaintiff
Versus
1. M/s. S. R. Engineering Works,
A proprietary firm, having address at.
Unit No. 1, 2, 3, Bawsar Compound,
Opp. Shetty Chemicals, Shree Nagar,
Off. Saki Vihar Road, Saki Naka
Andheri (E), Mumbai400 072
2. Mr. Sanjay Modi
Proprietor, authorized person of
M/s. S. R. Engineering Works
Age, not known, Occ : Business,
Unit No. 1, 2, 3, Bawsar Compound,
Opp. Shetty Chemicals, Shree Nagar,
Off. Saki Vihar Road, Saki Naka
Andheri (E), Mumbai400 072 ...Defendants
Appearances:
Advocate M. D. Pokale for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT 637/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 05.10. 2019
J U D G M E N T
This is a suit for recovery of Rs. 1,73,681/(Rupees One Lac
Seventy Three Thousand Six Hundred and Eighty One only).
2. Plaintiff case in nut shell is that pursuant to the orders of
defendants from time to time plaintiff sold, supplied and delivered
goods to defendants. The ledger account maintain by plaintiff shows
that amount of Rs.1,47,909/ is due from the defendants. The
defendants refused to pay the said amount. The defendants are in
default of Rs. 1,73,681/(Rupees One Lac Seventy Three Thousand Six
Hundred and Eighty One only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
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
he has supplied goods to
defendants?
Yes
2. Whether plaintiff proves that
amount of Rs. 1,73,681/(Rupees
One Lac Seventy Three Thousand
Six Hundred and Eighty One only)
is due and recoverable from
Yes
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SUMMARY SUIT 637/2018 3
defendants?
3. Whether plaintiff is entitled for
recovery of Rs. 1,73,681/
(Rupees One Lac Seventy Three
Thousand Six Hundred and
Eighty One 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 Sunil Madhukar Raut, Director, vide
Exh.5 and filed copies of tax invoices, copies of debit notes, copy of
ledger account, copies of demand notices, postal receipts, postal
acknowledgments, particulars of claim and original resolution.
6. Heard Ld. counsel for plaintiff. Perused the written arguments
filed by plaintiff.
7. The affidavit is supported by documents. The copies of tax
invoices, copies of debit notes, copy of ledger account, copies of
demand notices, postal receipts, postal acknowledgments, particulars of
claim and original resolution shows that pursuant to the orders of
defendants from time to time plaintiff sold, supplied and delivered
goods to defendants. The ledger account maintain by plaintiff shows
that amount of Rs.1,47,909/ is due from the defendants. The
defendants refused to pay the said amount. The defendants are in
default of Rs. 1,73,681/(Rupees One Lac Seventy Three Thousand Six
Hundred and Eighty One only). As far as rate of interest is concerned
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SUMMARY SUIT 637/2018 4
plaintiff has prayed for rate of 24% p.a. The said rate of interest is
mentioned in invoices but they are exorbitant and interest @ 18% p.a.
wil be just and proper. Therefore, point No.1 to 3 is answered as 'Yes',
point No. 4 is answered as per final order and following order is
passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to the plaintiff the
amount of Rs. 1,73,681/(Rupees One Lac Seventy Three Thousand Six
Hundred and Eighty One 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: 05/10/2019 City Civil Court,Gr. Bombay
Dictated on : 05/10/2019
Transcribed on : 05/10/2019
Signed on : 07/10/2019
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SUMMARY SUIT 637/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/10/2019 at 5.40p.m. Mr. A S. Sugdare
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
05/10/2019
Judgment/Order signed by P.O. on 07/10/2019
Judgment/Order uploaded on 15/10/2019
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