Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.S.No.638-2018 1
Lodged on 05/05/2018
Decided on 15/07/2022
Duration on 04Ys.05Ms.10Ds
CNR No.MHCC01-006207-2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.638 OF 2018
M/s.Pinnacle Industrial Controls
Pvt.Ltd. A Private Limited Company
having its registered office at
J-208, Ansa Industrial Estate, Saki
Vihar Road, Sakinaka,Andheri(E),
Mumbai-400 072 … Plaintiff
V/s
1. M/s.G.Art A Firm
having address at
Flat no.3, Plot no.70,
Sector 10-A, Vashi,
Navi Mumbai 400 073
2. Mr.Ashish Mujumdar
Authorized person of ,
M/s.G.Art.
Flat no.3, Plot no.70,
Sector 10-A, Vashi,
Navi Mumbai 400 073
3. Mr.Atual Makharia
Authorized person of ,
M/s.G.Art.
Flat no.3, Plot no.70,
Sector 10-A, Vashi,
Navi Mumbai 400 073 ….Defendant
Appearance:-
Advocate Arvind Taral for plaintiff.
Defendant-exparte.
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Sum.S.No.638-2018 2
CORAM : H.H.J.SHRI.A. V. Kharkar
DATE: 15th July, 2022 C.R.NO.15
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JUDGMENT
This is suit by unpaid seller towards the goods supply.
The case of the plaintiff in brief is as follows.
2. Plaintiff is manufacturing of Control Panel for ACC Blocks
and other materials. Pursuant to the order placed by the
defendant, the plaintiff supply the goods material to the
defendant. Defendant accepted the goods without raising any
grievances about quantity, quality and rate of the goods. The
plaintiff raised bill for Rs.56,813/-. The defendant did not pay
the amount under the bill. As per the agreement the plaintiff is
seeking to recover the amount alongwith interest at the rate of
24% p.a. The contention of the plaintiff is that despite issuing
demand notice the defendant did not pay the amount. Hence,
plaintiff is seeking an amount of Rs.56,813/- with interest at the
rate of 18% p.a. which comes to Rs.75,864/- till filing of suit
and with further interest. Writ of Summons was served to the
defendants. As per order dtd.10/7/2019 my predecessor ordered
the suit to proceed exparte as the defendants failed to appear
despite service.
3. The plaintiff is relying upon his claim affidavit and
documents on record.On perusal of the delivery challan Exh-12
and extract of ledger account Exh-14.It is seen that the amount
of Rs.8612/- is given from the defendant towards goods supply.
As per notice Ex.15.The plaintiff is demanded amount with
interest. As the matter is proceeded exparte,there is no
impediment in relying upon the documents and affidavit and
plaintiff is entitled to recover amount of Rs.56,813/-towards the
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Sum.S.No.638-2018 3
cost of the goods supplier to the defendant. The plaintiff has
loaded the amount with interest at the rate of 24% p.a. in the
tax invoice. There is no mentioned about the interest 24% p.a.,
no document is on record to show that contractually rate of
interest 24% p.a. Considering that the transaction of
commercial the plaintiff would be entitled to recover the
principle amount with interest. Considering the lending rates of
Nationalized Banks it would be appropriate that the plaintiff is
allowed interest at the rate of 9% p.a. on the principal sum.
Following order is passed.
ORDER
1. Suit is decreed with costs.
2. Defendant nos.1 to 3 are jointly and severally to pay an
amount of Rs.56,813/- to the plaintiff with further
interest at the rate of 9% p.a. from the date of suit till
realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded as per Bombay City Civil Court
Rule.
Date : 15/07/2022 (A.V. Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 15/07/2022
Transcribed on : 20/07/2022
HHJ Signed on :
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Sum.S.No.638-2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21/07/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
15/07/2022
JUDGMENT/ORDER signed by P.O.
on
21/07/2022
JUDGMENT/ORDER uploaded on 21/07/2022
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