Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 05.05.2018
Registered on : 19.06.2018
Decided on : 12.10.2021
Duration : 03Y 05M 07D
EXHIBIT18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 641 OF 2018
( CNR No.MHCC010062102018)
M/S. PINNACLE INDUSTRIAL ]
CONTROLS P. LTD. ]
Having its registered office at J 208, ]
Ansa Industrial Estate, Saki Vihar ]
Road, Sakinaka, Andheri (East), ]
Mumbai 400 072. ]
Through its Director, Mr. Parvez ]
Sadique Lanewala, Age 41 years, ]
Cell No.9820247567. ].. Plaintiff.
V/s.
(1) M/S. JAMEKS ENGINEERING ]
PVT. LTD., Having its office at ]
SA 49/50, 2nd floor, Lake City MallA ]
Kapurbavdi, Thane (West)400 607. ]
(2) MR. KETAN KAUTIKRAO ]
SONANIS, Age, Not known, ]
Occupation : Business, Residing at ]
A/703, Apollo Lodha, Thane400601.]
(2) MS. MEENAKSHI BABULAL ]
BAGUL, Age, Not known, ]
Occupation : Business, Residing at ]
401, A Wing, Vesta Lodha Paradise, ]
Majiwada, Thane (West) – 400601. ]..Defendants.
Advocate Mr. Bhillare for the plaintiff.
Defendant Exparte.
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CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 12th OCTOBER, 2021
JUDGMENT
The Suit is instituted for the recovery of amount of Rs.
1,26,896/– along with interest at the rate of 21% per annum on the
amount of Rs. 1,06,481/– from the date of institution of the suit till
realisation of the total decreetal amount.
2. It is the case of plaintiff that it is engaged in the business of
manufacturing PLC Control Panels and defendant No.1 is engaged in
the business of supplying PLC control panels and allied material.
Defendant placed an order bearing No. JEPL/200 dated 14/02/2017
with plaintiff and plaintiff supplied the goods to defendant on
06/03/2017 under the tax invoice to the defendant. The goods were
duly accepted by the defendants.
3. It is the case of plaintiff that he has maintained books of
account from 01.02.2017 to 31.08.2017 which show that, outstanding
amount of Rs.1,06,481/ was due and payable by the defendants to
plaintiff. Plaintiff demanded the said amount repeatedly to the
defendant but defendant failed and neglected to pay the same. Plaintiff
issued a legal notice to defendants on 01/09/2017 and demanded the
principal amount along with interest at the rate of 21% per annum.
Inspite of receipt of demand notice, the defendants have failed and
neglected to pay the said amount. Hence, plaintiff was constrained to
institute the present suit.
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4. Defendants were duly served with the writ of summons, but
failed to appear before the Court. Hence, the suit proceeded ex parte
against him.
5. Considering the plaint, evidence on record and submissions
of learned advocate for plaintiff, following points arise for my
determination and my findings to them are as stated below for the
following reasons.
Sr.
No.
POINTS FINDINGS
1 Whether plaintiff proves that the amount of
Rs. 1,06,481/ was due to him from the
defendants?
In the
Affirmative
2 Whether plaintiff is entitled to the interest at
the rate of 18 % per annum?
Partly In the
Affirmative
3 What Order and decree ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3:
6. All 3 issues are related with each other and hence they are
discussed at once.
7. Plaintiff has filed Affidavit of Evidence at Exhibit10 .
Plaintiff has produced tax invoice on record at Exhibit13 which was
duly accepted and acknowledged by the defendants. The plaintiff has
produced on record copy of Ledger account for the financial year from
01.02.2017 to 31.08.2017 and Billwise details at Exhibit14. A copy of
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demand notice dated 01.09.2017 is placed on record is at Exhibit15 .
Original cheque bearing dated 19.07.2017 is at Exhibit16 . The plaintiff
has produced on record copy of original Resolution dated 10.07.2015 at
Exhibit17 .
8. I have gone through the aforesaid documents. It clearly
appears from the account extract that the amount of Rs. 1,06,481/– was
due from defendant to plaintiff. The invoices are produced on record
and show that plaintiff has sold various material to defendant during
the course of regular business.
9. Defendants were having ample opportunity to appear
before the court by responding to the writ of summons. Defendants
failed to do so. They could have sought leave to defend the suit. In the
circumstances, the oral and documentary evidence produced by plaintiff
has gone unchallenged. Therefore, this Court has to rely upon the
same.
10. In view of all above discussion, I have come to the
conclusion that plaintiff has proved that the plaintiff is entitled to
recover amount of Rs. 1,06,481/ from the defendants. Plaintiff has
claimed interest at the rate of 21% per annum. However, there is no
basis for such high rate of interest. Considering the current lending
rates, it appears that 12% per annum would be the appropriate rate of
interest for plaintiff in the present matter. Accordingly, I answer point
No. 1 in the affirmative, point No. 2 partly in the affirmative and in
answer to point number 3, I proceed to pass following order.
O R D E R
1. Suit is partly decreed with costs.
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2. Defendant Nos.1 to 3 are hereby directed to pay
the amount of Rs. 1,06,481/ to the plaintiff within
60 days from the date of this order.
3. Defendant is hereby further directed to pay
interest at the rate of 12% per annum to the plaintiff
on the amount of Rs.1,06,481/ from the institution
of the suit till realisation of the total decreetal
amount.
4. Court for be refunded in appropriate proportion
and as per the entitlement.
5. Decree be drawn up accordingly.
6. Summary Suit No. 641 of 2018 is disposed of
accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date:12.10.2021 Gr.Mumbai.
Dictated on: 12.10.2021
Typed on : 22.10.2021
Signed on : 26.10.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
26.10.2021 AT 3.30 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
12.10.2021
Judgment/Order signed by P.O. on 26.10.2021
Judgment/Order uploaded on 26.10.2021
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