Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.931/2019
MHCC010062132019 Presented on : 19/06/2019
Registered on : 20/09/2019
Decided on : 20/06/2023
Duration : 04Y 00M 02D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.11
SUMMARY CIVIL SUIT NO.931 OF 2019
M/s. Chetana Stationery,
A division of Chetana Publication Pvt. Ltd.,
Office at 4th Floor, ‘B’ Wing, Building ‘E’
Trade Link, Kamla City, Above Bombay
Canteen, Lower Parel, Mumbai – 400 013.
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] ..Plaintiff
V/s.
1.
2.
3.
4.
5.
6.
7.
Late Shri Balibhandra Sing Shikshan Sansthan
Jayprakash Nagar, Kharodi, Marve Road,
Malad (West), Mumbai – 400 095.
Chandravati Shingh,
Jayprakash Shingh, (Abated)
Rajesh Shingh
Brijesh Shingh,
Yashwant Shingh,
Jayprakash Nagar, Kharodi, Marve Road,
Malad (West), Mumbai – 400 095.
Sir J.P.’S Kids,
Kharodi Gaon, Kharadi Marve Road, Malad(West),
Mumbai – 400 095.
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] ..Defendants
Appearance :-
Mr. Sudhakar Lakhani, learned advocate for plaintiff.
None for defendants (
Ex-parte).
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No.931/2019
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 20/06/2023.
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.71,254/- (Rupees Seventy-One Thousand Two Hundred Fifty-Four
only). It is the contention of the plaintiff that it is carrying on business
of selling books. The defendant No.1 is the trust and running the
school in the name of defendant No.7 and defendant No.2 to 6 are
trustees of defendant No.1 Trust. In pursuant to the order placed by
defendants, the plaintiff has sold, supplied and delivered educational
books to the school i.e. defendant No.7, during the month of May-2016
and June-2016. The plaintiff raised invoices in respect of supply of
books on 28/05/2016, there were multiple transaction of supply of
goods and the defendants having outstanding of Rs.3,58,031/- (Rupees
Three Lakhs Fifty-Eight Thousand and Thirty-One only). The plaintiff
has many times demanded the defendants to pay the due amount,
however, the defendants have falsely claimed that they have cleared all
the charges and the outstanding payments. Thus, it is the contention
of the plaintiff that there are Rs.46,930/- (Rupees Forty-Six Thousand
Nine Hundred and Thirty only) due and recoverable from the
defendants. The plaintiff claimed the interest at the rate of 18% p.a.
from the due amount and having failure on the part of the defendants
to pay the due amount, it has filed the instant suit.
2 In response to the writ of summons which were issued to
the defendants vide (Exh-06), the summons are returned with
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No.931/2019
endorsement that the intimation was delivered to them, they did not
collect therefore, the matter proceeded ex-parte against the defendant
Nos.1, 2, 4 to 7. Defendant No.3 is reported to be dead and having
failure on the part of the defendants to take steps, the suit is dismissed
against the defendant No.3 as abated. Inconsequence to failure to
appear, matter proceeded ex-parte against the remaining defendants.
Hence, matter proceeded further against defendant Nos.1, 2, 4 to 7.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the
defendants are in due of amount of
Rs.46,930/- (Rupees Forty-Six Thousand
Nine Hundred and Thirty only) and
liable to pay to it ?
Affirmative
2 Does the plaintiff prove that it is entitled
to charge interest as prayed for ?
Partly Affirmative
3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the plaintiff
relied on various documents under list (Exh-08). Heard learned
advocate for plaintiff.
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No.931/2019
As to point Nos.1 to 3 :-
5 The plaintiff has tendered its Claim Affidavit (Exh-07)
alongwith documents as per list (Exh-08). On perusal of the invoice at
Exh-09, it reveals that the defendants have failed to make the payment
of Rs.46,930/- (Rupees Forty-Six Thousand Nine Hundred and Thirty
only). Inconsequence of failure to pay the amount under the invoice,
the plaintiff has issued a notice on 08/01/2019. Thus, the plaintiff is
entitled for recovery of amount under the invoice.
6 There is nothing on record that the defendants have paid
any amount under the invoice. The absence and omission to appear
before the Court on being served with the writ of summons shows that
defendants have no substantial defence and they have admitted the
claim of plaintiff. Therefore, the plaintiff is entitled to recover the
amount under the invoice, the suit is already dismissed against
defendant No.3 as abated.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% p.a. from the defendants, however, I am of
the view that it is exorbitant rate of interest. No doubt the plaintiff has
suffered loss in business and profit, due to failure to repay the amount
by the defendants. Had it been paid to the plaintiff as per demand, it
would have invested and would have earned profit therefrom.
Therefore, I am of the view that the plaintiff is entitled for interest at
the rate of 9% p.a. from the date of default i.e. notice of advocate
dated 08/01/2019, till its full realisation. In view of above discussions,
I answer point No.1 in affirmative and point Nos.2 and 3 in partly
affirmative against defendant Nos.1, 2, 4 to 7.
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8 As the defendants have made plaintiff constrained to file
the suit, they are also liable to pay the costs. In the result, I proceed to
pass the following order :-
ORDER
1. Summary Civil Suit No.931/2019, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.46,930/- (Rupees Forty-Six Thousand Nine
Hundred and Thirty only) alongwith interest at the
rate of 9% p.a., from the date of default i.e. notice
issued by the advocate of plaintiff on 08/01/2019, till
its full realisation, from defendant Nos.1, 2, 4 to 7.
3. Decree be drawn up accordingly.
4. Court fees, if any, be refunded as per rule.
(Judgment pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 20/06/2023 C.R. No.15
Dictated on : 20/06/2023
Transcribed on : 21/06/2023
Draft corrected on : 21/06/2023
Signed on : 21/06/2023
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No.931/2019
“Certified to be true and correct copy of the original signed order”.
21/06/2023
at about 05.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 20/06/2023
Order signed by Hon'ble Judge on : 21/06/2023
Order uploaded on : 21/06/2023
at about 05.30 p.m.
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