Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.715/2018 1
Received on : 24052018
Registered on : 11072018
Decided on : 14102019
Duration : 01Y 04M 22D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.715 of 2018
CNR NO.: MHCC010064912018
Secure Industries Private Limited,a
company within the meaning of the
Companies Act, 2013 and having its
Registered office at C33/34, Purvanchal
Cooperative Housing Society Limited, Plot
No.1E, Sector 1, Airoli, Navi Mumai
Maharashtra400708. ...Plaintiffs
Versus
M/s.Maxx Beverages, a proprietary
concerned represented through its
Proprietor, Ravindra Alai having its
address at Gat No.834/1 New Otur Road,
Shivangi Nagar at Post, TalukaKalvan,
DistrictNasik, Maharashtra 423 501. ….Defendants
Appearances:
Advocate M/s.Vora & Associates for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 14th OCTOBER 2019
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SUMMARY SUIT NO.715/2018 2
J U D G M E N T
This is a suit for recovery of Rs.10,00,782//(Rupees Ten Lakhs
Seven Hundred and Eighty Two only).
2. Plaintiff case in nut shell is that pursuant to the order of
defendant plaintiff sold, supplied and delivered goods to defendant. The
invoices of Rs.8,08,988/ was raised and defendant has paid
Rs.58,500/. The defendant has refused to pay the balance amount and
is in default of Rs.10,00,782//(Rupees Ten Lakhs Seven Hundred and
Eighty Two only). Hence this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
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
amount of Rs.10,00,782/(Rupees
Ten Lakhs Seven Hundred and
Eighty Two only). is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.10,00,782/(Rupees
Ten Lakhs Seven Hundred and
Eighty Two only). with interest as
claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.715/2018 3
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Nitu Sanjay Singh, director vide
Exh.6 and filed resolution, invoice , ledger account, demand notice,
bank statement,cheques with return memos.
6. Heard Ld.Counsel for plaintiff.
7. The affidavit is supported by documents. The resolution,
invoice , ledger account, demand notice, bank statement, cheques with
return memos shows that pursuant to the order of defendant plaintiff
sold, supplied and delivered goods to defendant. The invoices of
Rs.8,08,988/ was raised and defendant has paid Rs.58,500/. The
defendant has refused to pay the balance amount and is in default of
Rs.10,00,782/(Rupees Ten Lakhs Seven Hundred and Eighty Two
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 invoice, but it is
exorbitant therefore interest @ 18% can be granted. Therefore, point
No.1 to 3 is answered as 'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs.10,00,782/
(Rupees Ten Lakhs Seven Hundred and Eighty Two only) with interest
@ 18% p.a. from the date of filing of the suit till full and final
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SUMMARY SUIT NO.715/2018 4
realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 14/10/2019 City Civil Court,Gr. Bombay
Dictated on : 14/10/2019
Transcribed on : 14/10/2019
Signed on : 16/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/10/2019 at 11.40a.m. Mrs.J.V.Pawar
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
14/10/2019
Judgment/Order signed by P.O. on 16/10/2019
Judgment/Order uploaded on 19/10/2019
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