Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010065012019
Presented on 27-06-2019
Registered on 03-10-2019
Decided on 30-03-2023
Duration Year Month Days
03 09 03
CNR No. MHCC010052512021
EXH.14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.961 OF 2019
PIDILITE INDUSTRIES LIMITED,
Registered office at Regent Chambers, 7th
floor, Jamnalal Bajaj Marg, 208, Nariman
Point, Mumbai 400021.
and Corporate office at Ramakrishna
Mandir Road, Off: AndheriKurla Road,
Andheri (East), Mumbai 400 059.
through its authorized nominee Shri Jiken
Maheshkumar Modi Phone No.9998123442,
Age: 29 years,
Email Id: jiken.modi@pidilite.com ...Plaintiff.
V/s.
1. SHREE SHAKTI PLY AND HARDWARE,
A Proprietorship Concern, A704,
Rameshwar Green, Opp. DMart, Kailash
Nagre Chowkdi, Bamroli, Surat – 494221.
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2. BRIJESH VISHNUBHAI PATEL,
Proprietor of Shree Shakti Ply and
Hardware, A704, Rameshwar Green, Opp.
DMart, Kailash Nagra Chowkdi, Bamroli,
Surat – 394221. Mobile 9825698613 Defendants.
Appearances:
Ld. Adv. Mr. Swapnil Bhende a/w Mani Bhende for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 30th March, 2023
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.1,74,280/(Rupees One Lakh Seventy Four Thousand
Two Hundred and Eighty only) alongwith interest at the rate of 18%
per annum from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff is Public Limited Company represented by its
authorized officer. The defendant No.1 is a Proprietorship Firm doing
and carrying on business. The plaintiffs are the manufacturers and
distributors of various products known as Bluecoat, Fevicol, MSeal, Dr.
Dixit, Fevistik, Fevikwik, Fevicryl, etc. Pursuant to the order placed by
defendants the plaintiff sold and supplied the products as per
requirement of the defendants. The defendants received the goods
without any complaint regarding the quality and quantity of the goods.
The defendants assured the plaintiff to secure the outstanding goods
but failed and neglected to legitimate dues. The plaintiff therefore
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issued legal notice to the defendants. The defendants failed to comply
the notice and therefore, the present suit was filed for recovery of the
amount against the defendants and prayed to decree the same
accordingly.
3. The defendants were duly served but they failed to appear
and therefore the defendants were proceeded Exparte as per order
dated 01.12.2022.
4. The plaintiff in support of his contention examined
authorized officer as P.W.1 vide Exh.05. P.W.1 filed documents as per
list of documents vide Exh.06. P.W.1 filed Authority letter and Board
Resolution. It seems that P.W.1 has authorized by way of Board
Resolution vide Exh.07 and 08 to appear and file the present suit and to
depose the same. In order to show the transaction between the parties,
the plaintiff filed invoices. It seems that the goods were sold and
supplied to the defendants. The said goods were supplied by way of
delivery challan to the defendants. The defendants acknowledged the
receipt of the goods as per the signature of their officer and stamp on
the invoices. It seems that there was no protest regarding the quality
and quantity of the goods supplied to the defendants. The defendants
received the notice vide Exh.10 as per the postal acknowledgement vide
Exh.11 but still defendants failed to pay outstanding dues. The
defendants also remained absent and failed to challenge the oral and
documentary evidence of plaintiff. The defendant remained absent and
therefore, inference can be drawn that the defendant admitted the
claim of plaintiff. The plaintiff therefore proved that the goods were
sold and supplied to the defendants but the defendants failed to clear
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the outstanding dues and therefore the plaintiff is entitled for the due
amount.
5. The plaintiff is claiming the interest at the rate of 18% per
annum on the principal amount. It seems that the rate of interest is
exorbitant and therefore plaintiff is entitled for the interest at the rate
of 9% per annum on the principal amount from the date of filing of the
suit till its actual realization and it would meet the ends of justice. I,
therefore proceed to pass the following order:
ORDER
1. The Summary Suit no.961 of 2019 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay the amount of
Rs.1,74,280/(Rupees One Lakh Seventy Four Thousand Two Hundred
and Eighty only) to the plaintiff along with interest at the rate of 9
percent per annum from the date of filing suit till its actual realization.
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.: 30032023 City Civil Court, Gr. MUMBAI
Typed on : 30032023
checked on : 30032023
Signed on : 30032023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
31.03.2023 at 04.40 p.m.
UPLOAD DATE AND TIME
(YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
30.03.2023
Judgment/order signed by P.O. on 30.03.2023
Judgment/order uploaded on 31.03.2023
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