Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 124/2019. 1 Ex-parte Judgment.
MHCC010066682019
Presented on : 28-06-2019
Registered on : 25-09-2019
Decided on : 06-01-2021
Duration : 1 years, 6 months, 8 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 124 OF 2019
Exh.18.
M/s. Chetana Book Depot,
a partnership firm, (Now known as
Chetana Publications (India) LLP,
having its registered office at 4th Floor,
‘B’ Wing, Building ‘E’ Trade Link, Kamla
City, Above Bombay Canteen,
Lower Parel, Mumbai 400 013 ...Plaintiffs
Versus
1. Indrayani English Medium School,
Shree Ganesh Education Academies,
Near Garden, Sector18, Koparkhairane,
Navi Mumbai – 400709
2. Mrs. Pramila Mane,
Age & full name not known,
S.S.C. Gala No.1, Sector – 16,
Above Ankita Chemist & Druggist,
Koparkhairane, Navi Mumbai – 400709
3. Mr. Dharamraj Dnyanoba Mane,
Age not known,
S.S.C. Gala No.1, Sector – 16,
Above Ankita Chemist & Druggist,
Koparkhairane, Navi Mumbai – 400709 ...Defendants
-- 1 of 4 --
Comm.Suit No. 124/2019. 2 Ex-parte Judgment.
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 6th JANUARY, 2021.
Mr. S.G.Lakhani, Advocate for Plaintiffs.
None for Defendants. (Exparte).
EXPARTE JUDGMENT
This is a suit for recovery of amount of Rs.7,71,109/
(Rupees Seven Lakhs Seventyone Thousand One Hundred Nine Only)
with interest @ 18% p.a.
2. Plaintiff is a publication company. Plaintiff deals in
business of publication and books. Defendant no.1 is a school.
Defendants no.2 and 3 are trustees. On the demand of defendants,
plaintiff has supplied various books from June to September, 2016. It
was for aggregate sum of Rs.8,26,796/ (Rupees Eight Lakhs Twentysix
Thousand Seven Hundred Ninetysix Only). In view of another invoice
defendants have purchased the books of Rs.5,058/ (Rupees Five
Thousand Fiftyeight Only) on 23/07/2016. Defendants have returned
the goods worth Rs.1,90,605/ (Rupees One Lakh Ninety Thousand Six
Hundred Five Only). Defendants have paid the sum of Rs.50,000/
(Rupees Fifty Thousand Only). Defendants have also issued two
cheques of Rs.50,000/ (Rupees Fifty Thousand Only) and
Rs.3,71,996/ (Rupees Three Lakhs Seventyone Thousand Nine
Hundred Ninetysix Only). However, both cheques were dishonoured.
Hence, plaintiff has issued a notice through advocate dated
05/12/2018. It was duly served by RPAD. Despite repeated demand
and legal notice, defendants are failed to repay the amount. Hence, this
suit.
-- 2 of 4 --
Comm.Suit No. 124/2019. 3 Ex-parte Judgment.
3. In view of detail order of this Court dated 24/01/2020,
defendants are failed to appear despite due service of summons. Hence,
suit is proceeded exparte.
4. Plaintiff has examined only one witness and closed
evidence by pursis vide Exh.17. PW 1 Shaji John submitted evidence
affidavit in support to the plaint vide Exh.7.
5. In view of testimony of PW 1, various documents supported
to the plaint are exhibited. Perused invoice dated 23/07/2016 vide
Exh.12. Defendant school has admitted the dues vide letter on letter
head of the school vide Exh.13 dated 05/01/2017. Perused notice
dated 05/12/2018 vide Exh.16.
6. Defendant has issued a cheque in favour of plaintiff dated
26/07/2017. Perused bank memo by which the cheque was
dishonoured for the remark ‘Funds Insufficient’. There is no reply given
by the defendants to the notice issued by the plaintiff. Defendant is
failed to appear despite due service of summons. It infers that
defendants admit the suit claim. In result, it deserves to decree the suit.
7. However, interest at the rate of 18% p.a. appears to be
exorbitant. Suit is decreed with interest at the rate of 12% p.a. Hence
the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendants no.1 to 3 jointly and severally shall pay an
amount of Rs.7,71,109/ (Rupees Seven Lakhs Seventyone
Thousand One Hundred Nine Only) with further interest @
-- 3 of 4 --
Comm.Suit No. 124/2019. 4 Ex-parte Judgment.
12% p.a. from the date of suit till realization, within two
months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 06/01/2021. Mumbai.
1. Dictated on : 06/01/2021.
2. Transcribed on : 12/01/2021.
3. Signed on : 20/01/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/01/2021. 4.41 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 06/01/2021.
Judgment/Order signed by P.O. on 20/01/2021.
Judgment/Order uploaded on 22/01/2021.
-- 4 of 4 --