Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.S.No.6442018 1 Exh
Lodged on 05/05/2018
Decided on 05/07/2022
Duration on 04Ys.02Ms.00Ds.
MHCC010062132018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.644 OF 2021
M/s.Alpha Engineering & Trading Co.
Pvt.Ltd. Having its registered office
at K121, Ansa Industrial Estate,
Saki Vihar Road, Sakinaka,
Andheri(E),Mumbai400 072 …. Plaintiff
V/s
1. Ulka Services
A Firm Having address at
Nav Shiv Shakti CoOp.Soc.Ltd.,
B105, RNP Park, Near
Sai Baba Mandir, S.V.Road,
Bhayender (E), Thane
2. Mr.Sabir Mulla
Occ.Business
Authorized person of
Ulka Services
A Firm Having address at
Nav Shiv Shakti CoOp.Soc.Ltd.,
B105, RNP Park, Near
Sai Baba Mandir, S.V.Road,
Bhayender (E), Thane ….Defendant
Appearance:
Ld.Counsel Taral for plaintiff.
Defendant Exparte.
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Sum.S.No.6442018 2 Exh
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 05th July, 2022 C.R.NO.15
JUDGMENT
This is suit for recovery of amount by A.C.sellor.
The facts pleaded by the plaintiff are as follows.
2. The plaintiff had supplied Schneider Electric AC Drive to
the defendant on 23/1/2015. The defendant accepted the
goods without raising any dispute about quality, quantity and
rate. Despite receiving notice, the plaintiff did not pay the
amount under the invoice. The amount under the invoice is
Rs.1,18,274/ with stipulation of charging interest at the rate of
21% p.a. on the amount under the invoice in case of delayed
payment. The plaintiff is seeking to recover the amount
alongwith interest for 23 months alongwith further interest. The
contention of the plaintiff is that defendant did not pay the
amount for the goods purchase. So also cheque issued by the
defendant is dishonoured. Hence, this Summary suit is filed.
3. Suit summons were issued as per order dtd.19/3/2019
the suit ordered to be proceeded exparte against defendant.
They failed to appear despite service of writ of summons. The
suit is proceeded exparte.
4. This is suit by Schneider Electric AC Drive seller seeking to
recover amount. The plaintiff is relying upon ledger account Ex
6, Bill wise details Exh7, Copy of dishonoured cheque memo
Exh8, Demand notice dtd.10/12/2015 Exh9. Ledger account
Exh7 shows that the amount of Rs.1,18,274/ is due from the
defendant to the plaintiff towards the goods sold. However,
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Sum.S.No.6442018 3 Exh
there is no mentioned in the ledger account about interest.
Original copy of invoice is not on record in the ledger account.
The case of the plaintiff has gone unchallenged. There is no
impediment in relying upon the averments supported by
documents and claim affidavit. On the basis of unchallenged
evidence plaintiff is entitled to recover amount from the
defendant towards unpaid goods. There is no stipulation of the
interest ledger account is relied by the plaintiff regarding
interest. Plaintiff cannot claim interest as claimed. The
contractual rate of interest is on the higher side, 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. Hence, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is hereby ordered and directed to pay an
amount of Rs.1,18,274/ alongwith 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 : 05/07/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 05/07/2022
Transcribed on : 07/07/2022
HHJ Signed on :
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Sum.S.No.6442018 4 Exh
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/07/2022 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
05/07/2022
JUDGMENT/ORDER signed by P.O.
on
07/07/2022
JUDGMENT/ORDER uploaded on 07/07/2022
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