Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.809/2018
Received on : 05.06.2018
Registered on : 04.08.2018
Decided on : 29.03.2019
Duration : Y M D
00 09 25
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 809 OF 2018
CNR NO.: MHCC010066942018
Falco Auto Corporation,
A proprietary firm
Having its office at
22, Dilip Niwas,
Benham Hall Lane
Opera House, Mumbai – 400 004
through its Proprietor
Mrs. Kamaljit Kaur Chadha
Aged 49 years, Indian,
Inhabitant of Mumbai. ...Plaintiff
Versus
1. Chetan Automobiles,
Proprietor firm having their
Address at RazaeGarib
Complex, Near New Bus stand
BM Road, Channarayapatna
573111, District Hassan,
Karnataka State.
2. Mr. Doreswamy M.,
adult, Indian, inhabitant
proprietor of defendant No.1
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Chetan Automobiles,
r/at RazaeGarib
Complex, Near New Bus stand
BM Road, Channarayapatna
573111, District Hassan,
Karnataka State. ...Defendants.
Appearances:
Advocate Ashnin for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th MARCH, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that against the defendants valid and
confirmed order of them supplied goods to the defendant from time to
time on credit basis. The copies of the Invoices are as under:
Invoice No.245 dated 30.06.2014 for Rs.14,873/ alongwith its Lorry
Receipt No.463303494 dated 10.07.2014 Article2, Invoice No.260
dated 23.07.2014 for Rs.4,818/ alongwith its Lorry Receipt
No.463266585 dated 23.04.2014 Article1, Invoice No.268 dated
31.07.2014 for Rs.17,324/ alongwith its Lorry Receipt No.463329286
dated 6.08.2014 Article3, Invoice No.269 dated 31.07.2014 for
Rs.19,721/ alongwith its Lorry Receipt No.463329287 dated 6.08.2014
Article2, Invoice No.290 dated 31.07.2014 for Rs.18,115/ alongwith
its Lorry Receipt No.463901011 dated 9.08.2014 Article2, Invoice
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No.291 dated 31.07.2014 for Rs.19,744/ alongwith its Lorry Receipt
no.463901010 dated 9.8.2014 Article1, Invoice No.292 dated
31.07.2014 for Rs.17,501/, Invoice No.293 dated 31.07.2014 for
Rs.13399/, Invoice No.317 dated 31.07.2014 for Rs.17169/ alongwith
its Lorry Receipt No.463904219 dated 28.08.2014 Article2, Invoice
No.330 dated 28.08.2014 for Rs.12,836/ alongwith its Lorry Receipt
No.463271860 dated 30.08.2014 Article1, Invoice No.512 dated
20.11.2014 for Rs.1,849/ and Invoice No.641 dated 18.2.2015 for
Rs.4,651/. The defendants have a running credit account in the
account books of the plaintiff operated in the due course of business.
That the plaintiff has raised bills of each and every consignment for
payment and the defendants have acknowledged the receipt of such
bills raised by the plaintiff.
2. Plaintiff has further state that the defendants had placed orders
to them from time to time. That the defendants had issued a cheque in
favour of them bearing No.000025 dated1192017 for Rs.1,50,990/
drawn on HDFC Bank. However, the cheque was dishonoured with the
remark “Other reasons”. Therefore, plaintiff through their Advocate
M/s. V. Kadam Associate had issued a legal demand notice to defendant
No.1 by speed post on 13.09.2017 for a sum of Rs.2,50,193/ inclusive
of dishonoured cheque charges. Plaintiff has further stated that there is
now thus due and payable by the defendants to them the sum of
Rs.1,50,990/ being the principal amount alongwith the amount of
interest at the rate of 18% per annum from one month of credit suit as
per the particulars of claim. The defendant is also bound and liable to
pay further interest after the due of filing of the suit till the date of
payment and realisation and cost of the suit. Therefore, plaintiff filed
the present suit.
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3. Defendants failed to appear in the suit, therefore, suit has
proceeded exparte against both the defendants.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.2,50,193/ from
defendants along with interest @
18% p. a. on the principal sum of
Rs.1,50,990/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff has filed evidence of Mrs. Kamaljit Kaur Chadha (P.W.1)
in the form of affidavit below Exh.5. Plaintiff relied upon the following
documents as documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Original Invoice No.245 dated 30.06.2014 for
Rs.14873/ alongwith its Lorry Receipt
No.463303494 dt10.07.2014 article2 of VRL
Logistics Ltd., Invoice No.260 dated –
23.07.2014 for Rs.4,818/ along with its Lorry
Receipt No.463266585 dt 23.04.2014 Article1
of VRL Logistics Ltd, Invoice No.268 dated –
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31.07.2014 for Rs.17,324/ along with its Lorry
Receipt No.463329286 dt6.08.2014 Article3 of
VRL Logistics Ltd, Invoice No.269 dated
31.07.2014 for Rs.19,721/ alongwith its Lorry
Receipt No.463329287 dt6.08.2014 Article2 of
VRL Logistics Ltd, Invoice No.290 dated
31.07.2014 for Rs.18,115/ along with its Lorry
Receipt No.463901011 dated 9.08.2014 Article 2
of VRL Logistics Ltd, Invoice No.291 dated
31.07.2014 for Rs.19,744/ alongwith its Lorry
Receipt no.463901010 dated 9.8.2014 Article1
of VRL Logistics Ltd, Invoice No.292 dated
31.07.2014 for Rs.17,501/, Invoice No.293
dated 31.07.2014 for Rs.13,399/, Invoice
No.317 dated 31.07.2014 for Rs.17,169/ along
with its Lorry Receipt No.463904219 dated
28.08.2014 Article2 of VRL Logistics Ltd, Invoice
No.330 dated 28.08.2014 for Rs.12,836/ along
with its Lorry Receipt No.463271860 dated
30.08.2014 Article1 of VRL Logistics Ltd, Invoice
No.512 dated 20.11.2014 for Rs.1,849/ and
Invoice No.641 dated 18.2.2015 for Rs.4,651/.
2. Exh.8 Original Cheque and Bank return memo stating
reason of dishonor
3. Exh.9 Original accounts statement of the plaintiff with
the defendant.
4. Exh.10 Original legal demand notice dated 13.09.2017
issued by the plaintiff's Advocate to the
defendant along with RPAD receipt and signed
postal acknowledgment
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5. Exh.11 Particulars of claim.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of Mrs. Kamaljit Kaur Chadha (P.W.1) in
the form of affidavit below Exh.5 and stated that against the defendants
valid and confirmed order the plaintiff sold and supplied goods to the
defendant from time to time on credit basis. The copies of the Invoices
are as under :
Invoice No.245 dated 30.06.2014 for Rs.14,873/ alongwith its Lorry
Receipt No.463303494 dated 10.07.2014 Article 2 of VRL Logistics Ltd,
Invoice No.260 dated 23.07.2014 for Rs.4,818/ alongwith its Lorry
Receipt No.463266585 dated 23.04.2014 Article 1 of VRL Logistics Ltd,
Invoice No.268 dated 31.07.2014 for Rs.17,324/ along with its Lorry
Receipt No.463329286 dated 6.08.2014 Article 3 of VRL Logistics Ltd,
Invoice No.269 dated 31.07.2014 for Rs.19,721/ alongwith its Lorry
Receipt No.463329287 dated 6.08.2014 Article 2 of VRL Logistics Ltd,
Invoice No.290 dated 31.07.2014 for Rs.18,115/ alongwith its Lorry
Receipt No.463901011 dated 9.08.2014 Article 2 of VRL Logistics Ltd,
Invoice No.291 dated 31.07.2014 for Rs.19,744/ alongwith its Lorry
Receipt no.463901010 dated 09.8.2014 Article 1 of VRL Logistics Ltd,
Invoice No.292 dated 31.07.2014 for Rs.17,501/, Invoice No.293 dated
31.07.2014 for Rs.13,399/, Invoice No.317 dated 31.07.2014 for
Rs.17,169/ alongwith its Lorry Receipt No.463904219 dated
28.08.2014 Article 2 of VRL Logistics Ltd, Invoice No.330 dated
28.08.2014 for Rs.12,836/ along with its Lorry Receipt No.463271860
dated 30.08.2014 Article 1 of VRL Logistics Ltd, Invoice No.512 dated
20.11.2014 for Rs.1,849/ and Invoice No.641 dated 18.2.2015 for
Rs.4,651/. P.W.1 has further stated that the defendants had issue a
cheque in favour of them bearing No.000025 dated 11.09.2017 for
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Rs.1,50,990/ drawn on HDFC Bank, which was dishonoured with the
remark “Other Reasons”.
8. P.W.1, Mrs. Kamaljit Kaur Chadha has further stated that
defendants have not paid a single penny till date out of the amount that
is due and thus the defendants have admitted their liability and thus
acknowledges the outstanding amount as their debt. P.W.1 has further
stated that there is now due and payable by the defendants to the
plaintiff the sum of Rs.1,50,990/ being the principal amount alongwith
the amount of interest @ 18% per annum from one month of credit
limit being 15.08.2014 till filing of the present suit as per the particulars
of claim.
9. Plaintiff has adduced original original invoices, Lorry receipts,
original cheques, Bank return memo, original accounts statement,
demand notice and postal acknowledgment on record as documentary
evidence. The oral evidence of plaintiff is corroborated by documentary
evidence. Defendants have failed to challenge all the allegations in the
plaint and evidence of plaintiff. Due to all these circumstances, plaintiff
has proved that he is entitled to get sum of Rs.2,50,193/ from both the
defendants jointly.
10. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.1,50,990/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
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2. Defendant Nos. 1 and 2 are jointly directed to pay amount of
Rs.2,50,193/ to plaintiff along with interest @ 9% p.a. on the
principal sum of Rs.1,50,990/ from the date of filing of the suit till
its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 29.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.03.2019
Transcribed on : 29.03.2019
Signed on : 29.03.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.04.2019 At 4:27 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
29.03.2019
Judgment/Order signed by P.O. on 29.03.2019
Judgment/Order uploaded on 05.04.2019
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