Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010062102019
Presented on 19-06-2019
Registered on 20-09-2019
Decided on 08-02-2022
Duration Yrs. M. Days
02 07 19
CNR No. MHCC010062102019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.932 OF 2019
M/s. Chetana Book Depot,
a partnership firm, (Now Known as
Chetana Publications India, (LLP),
having its registered office at 4th floor,
‘B’ Wing, Building ‘E’ Trade Link, Kamla City,
Above Bombay Canteen, Lower Parel,
Mumbai – 400 013. ...Plaintiffs.
V/s.
1. Infant India English School,
Plot No.1387, Shivaji Nagar,
Lane No.2, Govandi,
Mumbai – 400 043.
2. Mr. Abu Bhker Khan
adult, age not known
C/o. Infant India English School,
Plot No.1387, Shivaji Nagar,
Lane No.2, Govandi,
Mumbai – 400 043.
....Defendants.
M
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Suit 932 of 2019 .. J/2 .. Judgment
Appearances:
Ld. Adv. Madhuri Lakhani for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th February, 2022
J U D G M E N T
(Ex-parte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.1,01,481/- alongwith interest at the rate of 18% p.a. on
the principal sum of Rs.66,407/- from the date of filing of the suit till its
realization.
2. The facts in brief are as follows:
The plaintiff is a partnership firm carrying out its business.
The defendant No.1 is a school and defendant No.2 is the trustee of
defendant No.1. Pursuant to the order placed by the defendants for
supply of educational books. The plaintiff sold, supplied and delivered
to the defendant the educational books from March, 2016 to August,
2016. The plaintiff submitted their invoices. The defendants made
payment of Rs.3,29,441/- and returned some of the books. However,
the defendants failed to make the payment of the amount of
Rs.66,407/- in respect of two invoices dated 28.04.2016. The plaintiff
made repeated request but the defendant failed to pay the remaining
amount and therefore, plaintiff filed the present suit and prayed to
decree the outstanding amount with interest.
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Suit 932 of 2019 .. J/3 .. Judgment
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Ex-parte against them as per order
dated 04.02.2020.
4. The plaintiff in order to prove its claim, filed claim affidavit
vide Exh.6 and the documents as per list of documents vide Exh.7. The
plaintiff filed invoices dated 28.04.2016 alongwith the demand Notice
dated 07.02.2019. The Invoice vide Exh.8 shows that the goods were
sold and supplied to the defendants however the defendants failed to
pay the outstanding amount. Inspite of accepting the same the
defendant failed to make the payment. The plaintiff also issued legal
notice of the defendant however the defendant failed to comply the
same.
5. The defendants remained absent and failed to challenge the
oral and documentary evidence of plaintiff. The evidence of plaintiff has
therefore gone unchallenged. The defendants placed order and the
goods were supplied to the defendants. Hence defendants were under
obligation to pay the outstanding amount but the defendants failed to
pay the same and hence, plaintiff is entitled for the outstanding
amount.
6. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
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Suit 932 of 2019 .. J/4 .. Judgment
ORDER
1. The Summary suit no.932 of 2019 is decreed with costs.
2. Defendants shall jointly and severally pay amount of
Rs.1,01,481/-(Rupees One Lakh One Thousand Four Hundred
and Eighty One Only) to the plaintiff along with interest at the
rate of 9 percent per annum on the principal amount of
Rs.66,407/-(Rupees Sixty Six Thousand Four Hundred and Seven
Only) from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 08-02-2022 City Civil Court, Gr. MUMBAI
Dictated on : 08-02-2022
Transcribed on : 09-02-2022
checked on : 09-02-2022
Signed on : 09-02-2022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Suit 932 of 2019 .. J/5 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.02.2022 at 01.05 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
08.02.2022
Judgment/order signed by P.O. on 09.02.2022
Judgment/order uploaded on 09.02.2022
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