Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Presented on : 05.06.2018
Registered on :02-07-2018
Decided on :27.01.2021
Duration on : 2 Y, 7 M, 22D
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 177 OF 2020
(CNR No.MHCC01-006691-2018)
Rameshkumar Kundanmal Agarwal
Age 60 years, Indian Inhabitant
Proprietor of M/s. Ambikaa Fashion
Having office at 80, Ganesh Bhavan, 3rd Floor,
28 Jagruti Mata Lane, Ramwadi, Kalbadevi Road,
Mumbai -400 002. ....Plaintiff
V/s
Ranjeet Kumar Vishnu Prasad
Age- Not know, Occ- Business
Proprietor of M/s Kamla Traders
Having address at–3rd Floor, Rajdhani Market,
Birla Mandir Road, Patna (Bihar)
Residing at Bapu Nath, New Purandarpur Thana,
Jankarpur, Patna (Bihar) ....Defendant
APPEARANCE:-
Ld. Adv. Jagdish Nagar for plaintiff.
None for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 27th January, 2021.
Claim : Suit for recovery of Money.
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EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree,
directing the defendant to pay sum of Rs. 7,78,502/- being principal
amount and accrued contractual interest @ 24 % p.a. due on date of
each invoice till actual payment.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff is running business as Proprietor of M/s. Ambikaa
Fashion in textiles goods. The defendant is the proprietor of M/s.
Kamla Traders. Pursuant to the order of the defendant, the plaintiff
sold, supplied and delivered the textiles goods from time to time for the
period 26.09.2015 to 30.06.2017 worth Rs. 9,51,780/- to the defendant
under invoices. There were no complaints of any nature thereof or in
respect of the payment. It is stated that the defendant had made some
payment for the above referred transactions. The defendant had duly
received the goods under the invoices through transport. The
defendant had not raised any objections regarding to the quality,
quantity and rates etc.
The defendant agreed to make payment of invoices on the
due date from the date of invoice and in default to pay interest at the
rate of 24% p.a. The defendant had paid Rs. 55,000/- against invoices
and returned goods worth Rs. 1,73,278/- and there was balance of Rs.
7,78,502/-as per the foot of account dated 31.03.2018. The defendant
had issued following cheques.
No. Cheque No. Dated Amount
1 000081 16.08.2016 33,000.00
2 000083 30.08.2016 29,400.00
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3 000084 06.09.2016 35,000.00
4 000085 13.09.2016 35,000.00
5 000087 27.09.2016 34,295.00
6 000088 20.09.2016 35,000.00
Total 2,01,695.00
The said cheques were dishonored. The defendant had failed to pay
the balance amount.
The plaintiff had issued notice to the defendant on
24.03.2018 calling him to repay the amount. The notice was received
by the defendant but had failed to repay the amount as claimed in the
notice. The plaintiff, therefore, had filed present suit for recovery of Rs.
7,78,502/- being principal and accrued contractual interest @ 24 % p.a.
due on date of each invoice.
3. The defendant though served had failed to appear in the
suit. The suit is proceeded exparte against defendant.
4. The following points arise for my determination with my
findings thereon and the reasons to follow:
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of Rs.7,78,502/- being principal
amount and accrued interest @ 24 %
p.a. due on date of each invoice till
actual payment?
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
5. The plaintiff in support of its case had examined itself at
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Exh. 04. The plaintiff had reiterated all the contentions raised by him
in the suit, and in the affidavit of examination-in-chief in support of its
case. The plaintiff in his evidence on page 2 categorically stated the
following transactions i.e. Bill/Invoices as follows:
No. Bill/Invoice No. Date Amount
1 4 26.09.2015 23,400.00
2 5 26.09.2015 23,400.00
3 6 26.09.2015 23,400.00
4 165 11.12.2015 69,095.00
5 998 09.02.2016 38,400.00
6 1013 10.02.2016 31,200.00
7 1014 10.02.2016 31,200.00
8 1015 10.02.2016 29,160.00
9 1017 10.02.2016 38,440.00
10 1018 10.02.2016 18,600.00
11 1019 10.02.2016 18,600.00
12 1020 10.02.2016 27,000.00
13 1021 10.02.2016 27,000.00
14 1024 10.02.2016 23,400.00
15 1025 10.02.2016 23,595.00
16 1026 10.02.2016 32,880.00
17 1027 10.02.2016 28,800.00
18 1028 10.02.2016 29,120.00
19 1029 10.02.2016 29,120.00
20 1030 10.02.2016 27,500.00
21 1031 10.02.2016 38,280.00
22 1032 10.02.2016 53,360.00
23 1033 10.02.2016 41,500.00
24 1034 10.02.2016 34,200.00
25 1035 10.02.2016 27,040.00
26 1082 16.02.2016 39,600.00
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27 1011/S 08.08.2016 35,650.00
28 1012/S 08.08.2016 36,890.00
29 1017/S 08.08.2016 35,340.00
30 1018/S 08.08.2016 35,960.00
31 1019/S 08.08.2016 35,650.00
Total 10,06,780.00
The plaintiff categorically states that goods were received
by the defendant. No objection in respect of delivery, rate, quality and
quantity of the material supplied was raised by the defendant. Out of
two invoices, one invoice was forwarded to the defendant. The plaintiff
had produced on record the copy of invoice (Exh. 7 to Exh. 37).
Further he had produced the copy of lorry receipts (Exh. 38 to Exh. 55).
The plaintiff further had deposed that defendant that Rs. 55,000/- paid
against invoice and had returned goods worth of Rs. 1,73,278/-. The
credit was given to the defendant towards balance and leaving
outstanding amount of Rs. 7,78,502/- as per foot of account dated
31.03.2018. He further deposed that defendant had issued six cheques,
as follows:
No. Cheque No . Dated Amount
1 000081 16.08.2016 33,000.00
2 000083 30.08.2016 29,400.00
3 000084 06.09.2016 35,000.00
4 000085 13.09.2016 35,000.00
5 000087 27.09.2016 34,295.00
6 000088 20.09.2016 35,000,00
Total 2,01,695.00
The said cheques were dishonored. The plaintiff had produced
the true copy of the cheques i.e. Exh. 56 to 61. The plaintiff also had
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produced on record the extract of ledger accounts for the period
01.04.2015 to 31.03.2018 at Exh. 62 colly. It is further stated in the
evidence that as the balance amount was not returned with contractual
interest. The plaintiff therefore issued notice to the defendant on
24.03.2018 (Exh.63). The said notice was received by the defendant
vide acknowledgment receipt, Exh. 64. The plaintiff also had filed
certificate under Section 65(B) of the Evidence Act, duly signed by the
plaintiff.
6. The notice dated 24.03.2018 was not answered by the
defendant. The contentions raised in his plaint were raised in the said
notice. The contentions raised in the notice were not denied by the
defendant nor he had raised any counter allegations to the contentions
raised in the notice by the plaintiff. The evidence clearly indicates that
invoices Exh. 7 to 37 show supplied of goods by the plaintiff to the
defendant. The invoice indicates the interest of 24% p.a. would be
lavelled on the payment on defaulted dated beyond the due date. The
receipts/ invoices in a way are the contractual obligations between the
plaintiff and defendant. The plaintiff had delivered textiles goods. The
goods were received by the defendant as per the invoice. The goods
were accepted by the defendant. No objection was raised in respect of
delivery, material rate, quality and quantity and material supplied by
the plaintiff to the defendant.
7. It clearly suggests that goods were accepted by the
defendant as per the invoice and conditions in the invoice. The carbon
copay of the lorry receipts also indicates that the goods were delivered
to the defendant. The plaintiff had contended in his evidence that total
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goods worth Rs. 9,51,780/- was supplied to the defendant, out of which
Rs. 55,000/- was paid by the defendant and goods worth Rs. 1,73,278/-
were returned. There was balance of sum of Rs. 7,78,502/- as on the
ledger account Exh. 62. The documents filed alongwith evidence i.e.
the invoice and ledger accounts clearly indicate the balance amount of
Rs. 7,78,502/- towards the defendant. There is evidence to show that
defendant had issued six cheques, Exh. 56 to 61 of State Bank of India,
B.C.P. Marg Branch, Patna, Bihar. All the cheques were dishonored.
The evidence of the plaintiff had gone unchallenged. The
defendant had not appeared in the suit, had not filed written statement.
The defendant had not countered the allegation on the plaintiff.
8. The pleadings and the evidence of the plaintiff had gone
unchallenged. The plaintiff had successfully shown that he had
supplied textiles goods worth Rs. 9,51,780/-. The plaintiff successfully
shows that the defendant had failed to repay the amount of Rs.
7,78,502/- as indicated in the ledger accounts dtd. 31.03.2018
(Exh.62). The invoice indicates the rate of interest of 24% p.a. to be
charged on failure to make the payment after due date. The contractual
interest agreed between the plaintiff and defendant appears to be 24%.
The plaintiff, therefore, is entitled for recovery and balance of
principal amount with the accrued contractual interest @ 24 % p.a.from
the due date of each invoice till actual payment by the defendant.
Hence, I answer point No. 1 is
“in Affirmative.”
In the result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a sum of
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Rs. 7,78,502/- being principal and accrued contractual interest @
24 % p.a. due on the date of each invoice till actual payment by
the defendant.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Dt.: 27.01.2021 Gr.Bombay at Mumbai.
Dictated on : 27.01.2021
Transcribed on : 28.01.2021
Signed by H.H.J.on :01.02.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.02.2021 at 1.30 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
27.01.2021
Judgment/order signed by P.O. on 01.02.2021
Judgment/order uploaded on 01.02.2021
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