Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.807/2019
Filed on : 26.06.2019
Registered on : 08.08.2019
Decided on : 20.02.2020.
Duration : Year-00 Month-06 Days-14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 807 OF 2019
(CNR NO.MHCC01-006514-2019)
Exhibit-19
Jeevandeep Edumedia Pvt. Ltd.
Having Reg. Office at Sun Paradise Business Plaza,
1st floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Assistant
Ms. Neha Nachiket Kulkarni
Age : 28 years, Occupation: Service ...Plaintiff
V/s.
1. Yashodeep Public School and Junior College,
(Shri Yashwant Bhau Uddeshiya Sanstha’s)
Age: Adult,
Address: Indapur, Dist: Pune,
Post: Nirgudi
Mhasobachiwadi- 413 130,
Maharashtra.
2. Mr. Chagan Trimbak Nandgude (Founder)
Age: 55,
Address: Indapur, Dist: Pune,
Post: Nirgudi
Mhasobachiwadi- 413 130,
Maharashtra. ... defendants
SUIT FOR RECOVERY OF RS.31,213.92/-
Appearance:-
Ms. Hetal Vakil I/b M/s. J.R. Vakil & Associates, Advocate for the
plaintiff.
Exparte against defendants.
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Judgment 2 Summ. Suit No.807/2019
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20th February, 2020.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff is a private limited company under the Companies
Act doing business as educational publishers. In Pursuant of the
purchase order of the defendants the plaintiff has supplied goods worth
Rs.20,385/- and plaintiff has issued two invoices for the said goods in
the name of defendants. According to the plaintiff defendants has failed
to pay amount of Rs.20,385/-. It is the case of plaintiff that amount of
Rs.31,213.92/- is duel payable by the defendants. The defendants but
failed to pay the total sum of Rs.31,213.92/- inspite of various requests
made by the plaintiff and receipt of legal notice dated 22.03.2019
Hence, plaintiff is constrained to file the suit for recovery of the said
amount. The total suit claim of the plaintiff for Rs.31,213.92/-.
3. The suit summons were duly served on the defendants but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:-
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Judgment 3 Summ. Suit No.807/2019
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.31,213.92/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. The witness – Ms. Hima Gosalia has filed her affidavit at Exhibit-
7. In order to prove the case of the plaintiff filed following documentary
evidence.
Exhibit.
No.
Description of documents Date
8 Copy of Board Resolution 25.02.2019
9 Copy of Board Resolution 03.02.2020
10 Original Purchase Order 20.06.2014
11 Original L.R. No.4004 01.07.2016
12 Original of Invoice 02.07.2016
13 Original of Invoice 28.06.2014
14 Photo Copy of L.R. No.001467 27.07.2016
15 Office Copy of Sales Ledger 01.04.2016 to
09.07.2019
16 Office copy of Notice 22.03.2019
17 Original Postal Receipt 22.03.2019
18 Original Reg A.D. Card --
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-8
to 18 go to establish that plaintiff has supplied goods to the defendants.
The documents further prove that the amount of Rs.31,213.92/- is due
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Judgment 4 Summ. Suit No.807/2019
and payable to the plaintiff company from defendants towards delivered
of goods. But, defendants failed to pay total amount of Rs.31,213.92/-
towards purchase of goods. The documents at list Exhibit-8 to Exhibit-
18 go to establish that defendants are liable to pay Rs.31,213.92/- to
the plaintiff on the date of filing of the suit towards the purchase of
goods and therefore the defendants is avoid to pay the balance amount
to the plaintiff. In this background, it is held that plaintiff is entitled to
recover sum of Rs.31,213.92/- from the defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is a commercial one and there is contract
existing between the parties as to the rate of interest which shall be
levied. Therefore, rate of interest at the rate of 18% per annum would
be just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.31,213.92/-. Hence, point no.1 is answered in the
affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point no.1, it is held that the
plaintiff is entitled to recover Rs.31,213.92/- from the defendants with
interest at the rate of Rs.18% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendants. Hence, in answered to point no.2, I proceed to
pass the following order :
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Judgment 5 Summ. Suit No.807/2019
: ORDER:
1. The defendants shall pay Rs.31,213.92/- (Rs. Thirty
one thousand two hundred thirteen and ninety two
paise Only) to the plaintiff with interest at the rate of
18% per annum from the date of filing of the suit till
its realization.
2. defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date :20.02.2020 Gr. Bombay
Typed on : 20.02.2020.
Described on : 20.02.2020.
Signed on : 20.02.2020.
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Judgment 6 Summ. Suit No.807/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
20.02.2020 05.20 p.m.
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.02.2020
Order signed by P.O. on 20.02.2020
Order uploaded on 20.02.2020
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