Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010065042019
Presented on 25-06-2019
Registered on 07-10-2019
Decided on 10-03-2022
Duration Yrs. M. Days
02 08 15
CNR No. MHCC010065042019
EXH.20
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.972 OF 2019
JEEVANDEEP EDUMEDIA PVT. LTD.
Having registered office at Sun Paradise Business
Plaza, First Floor, Senapati Bapat Marg, Lower
Parel, Mumbai 400 013.
Through its Assistant Manager Legal Mrs. Neha
Nachiket Kulkarni ...Plaintiff.
V/s.
1. MR. LAXMAN JAGTAP
Founder, Age not known, Occupation not known,
Gurukul English Medium School (Shri Dattakrupa
Seva Pratishan’s), Taluka Baramati, District Pune
at & Post : Jalgaon Supe 413 102.Maharashtra
2. GURUKUL ENGLISH MEDIUM SCHOOL
(Shri Dattakrupa Seva Pratishtan’s) age not
applicable,Occp; Not Applicable, Taluka Baramati,
district Pune At & Post : Jalgaon Supe 413 102,
Maharashtra. ....Defendants.
M
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Suit 628 of 2016 .. J/2 .. Judgment
Appearances:
Ld. Adv. Hetal Vakil for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 10th March, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.1,52,179.71/ (Rupees One Lakh Fifty Two Thousand
One Hundred Seventy Nine and Seventy One Paise Only) alongwith
interest on the principal sum of Rs.1,10,410/(Rupees One Lakh Ten
Thousand Four Hundred and Ten Only) at the rate of 18% p.a. from the
date of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff is a Private Limited Company carrying on
business. The plaintiff is carrying its business as Education Publishers.
The defendant No.1 is running the school in the name of defendant
no.2. Pursuant to the purchase order from time to time the plaintiff
sold, supplied and delivered the goods to the defendants through
transport Company. The defendant accepted the goods. In the due
course of business the plaintiff raised invoices but the defendant failed
to make the payment on due date as per terms and conditions agreed
between them. The plaintiff send legal notices but the defendant failed
to pay the amount and therefore, plaintiff filed the present suit and
prayed to decree the outstanding amount.
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Suit 628 of 2016 .. J/3 .. Judgment
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendants as per
order dated 18.08.2021.
4. The plaintiff in order to prove its claim filed the claim
affidavit vide Exh.03 and list of documents vide Exh.04. The plaintiff
filed the documents which were marked as Exh.05 to Exh.18. The
plaintiff filed copy of Board Resolution vide Exh.5 and 06, purchase
order vide Exh.7. The plaintiff also filed lorry receipts and the invoices
alongwith credit note and Sales ledger vide Exh.08 to 15. The plaintiff
filed the office copy of the legal notice alongwith postal receipts and
acknowledgement. It seems that the defendant placed the order of
supply of the books and the same were delivered to the defendant
through transport. The defendants accepted and acknowledged the
same, however failed to pay the outstanding amount. The plaintiff
issued various legal notices but the defendant failed to repay the
amount. The defendants failed to appear and challenge the evidence of
plaintiff. The oral and documentary evidence of plaintiff has therefore,
gone unchallenged. The plaintiff supplied the goods but the defendants
failed to pay the outstanding amount alongwith interest. Hence,
plaintiff is entitled for the decree.
5. 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 628 of 2016 .. J/4 .. Judgment
ORDER
1. The Summary suit no.972 of 2019 is decreed with costs.
2. The Defendants No.1 and 2 shall jointly and severally pay amount
of Rs.1,52,179.71/ (Rupees One Lakh Fifty Two Thousand One
Hundred Seventy Nine and Seventy One Paise Only) to the
plaintiff along with further interest at the rate of 9 percent per
annum on the principal amount of Rs.1,10,410/(Rupees One
Lakh Ten Thousand Four Hundred and Ten 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.: 10032022 City Civil Court, Gr. MUMBAI
Direct typed on : 10032022
checked on : 10032022
Signed on : 10032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Suit 628 of 2016 .. J/5 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.03.2022 at 03.25 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
15.03.2022
Judgment/order signed by P.O. on 15.03.2022
Judgment/order uploaded on 17.03.2022
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