Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 639/2018 1
Received on : 05052018
Registered on : 19062018
Decided on : 05102019
Duration : 1Y 03M 16D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.639 OF 2018
( CNR NO.: MHCC010062082018)
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. Uma Plast Machinery.
A Firm,
Having address at.
Plot No. 1310/3, Phase No.3,
Umargaon, Gujarat Ind. Development
Corporation, Pin: 396171
2. Mr. Ramashankar
Authorized person of
M/s. Uma Plast Machinery
Age, not known, Occ : Business,
Plot No. 1310/3, Phase No.3,
Umargaon, Gujarat Ind. Development
Corporation, Pin: 396171
3. Mr. Chintan
Authorized person of
M/s. Uma Plast Machinery
Age, not known, Occ : Business,
Plot No. 1310/3, Phase No.3,
Umargaon, Gujarat Ind. Development
Corporation, Pin: 396171 ...Defendants
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SUMMARY SUIT 639/2018 2
Appearances:
Advocate M. D. Pokale for the Plaintiff.
Defendants Exparte.
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. 2,83,039/(Rupees Two Lacs
Eighty Three Thousand and Thirty Nine 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.1,81,486/ is due from the defendants. The
defendants refused to pay the said amount. The defendants are in
default of Rs. 2,83,039/(Rupees Two Lacs Eighty Three Thousand and
Thirty Nine 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 Yes
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SUMMARY SUIT 639/2018 3
amount of Rs. 2,83,039/(Rupees
Two Lacs Eighty Three Thousand
and Thirty Nine only) is due and
recoverable from defendants?
3. Whether plaintiff is entitled for
recovery of Rs. 2,83,039/
(Rupees Two Lacs Eighty Three
Thousand and Thirty Nine 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.6 and filed original copies of courier receipts, copies of tax invoices,
copies of credit notes, copy of ledger account, copies of demand notices,
postal receipts, returned postal packets, particulars of claim and original
resolution.
6. Heard Ld.counsel for plaintiff. Peruse the written arguments filed
by plaintiff.
7. The affidavit is supported by documents. The original copies of
courier receipts, copies of tax invoices, copies of credit notes, copy of
ledger account, copies of demand notices, postal receipts, returned
postal packets, 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.1,81,486/ is due from
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SUMMARY SUIT 639/2018 4
the defendants. The defendants refused to pay the said amount. The
defendants are in default of Rs. 2,83,039/(Rupees Two Lacs Eighty
Three Thousand and Thirty Nine only). As far as rate of interest is
concerned 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. Defendant do pay to the plaintiff the amount of Rs. 2,83,039/
(Rupees Two Lacs Eighty Three Thousand and Thirty Nine 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 639/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/10/2019 at 5.30p.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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