Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.724/2018
Received on : 05.06.2018
Registered on : 17.07.2018
Decided on : 30.03.2019
Duration : Y M D
00 09 26
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 724 OF 2018
CNR NO.: MHCC010066962018
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. Rehmaniya Tractor
Proprietor firm having their
Address at Nagpur Road,
Near HDFC Bank, Mul441221
Dist Chandrapur, Maharashtra
2. Mr. Salim (full name not known)
adult, Indian inhabitant
proprietor of defendant No.1
Rehmaniya Tractor
-- 1 of 7 --
:2: Summary Suit No.724/2018
r/at Nagpur Road,
Near HDFC Bank, Mul – 441221
DistChandrapur, Maharashtra ...Defendants.
Appearances:
Advocate Ashnin for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 30th 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 defendants from time to
time on credit basis. Plaintiff has further stated that the defendants are
have a running credit account in the account books of them operated in
the due course of business. Plaintiff has further stated that they have
raised bill of the consignment for payment and the defendants
acknowledged the receipt of such bills raised by them. Plaintiff has
further stated that the defendants had placed an order on 27.06.2016
worth Rs.47,728/. Thereafter the defendant has deposited the sum of
Rs.10,300/ in tow instalments in their account. Plaintiff has further
stated that apart form the aforesaid payment the defendant has not paid
a single penny till date. Plaintiff has further stated that they 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.46,770/ and the defendant has duly accepted the post by putting
signature on postal acknowledgment. Plaintiff has further stated that
there is now thus due and payable by the defendants to them the sum of
-- 2 of 7 --
:3: Summary Suit No.724/2018
Rs.37,428/ being the principal amount along with the amount of
interest at the rate of 18% per annum from one month of credit limit
being 27th July, 2016 till filing of the present suit as per the particulars
of claim and till realization of the payment. Plaintiff has further stated
that defendant is also bound and liable to pay further interest after the
date of filing of the suit till the date of payment and realization and cost
of the suit. Therefore, plaintiff filed the present suit.
2. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against both defendants.
3. Heard the Ld. Advocate for the plaintiff.
4. 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.46,770/ from
defendants along with interest @
18% p. a. on the principal sum of Rs.
37,428/ 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
5. Plaintiff has adduced evidence of Mrs. Kamaljit Kaur Chadha
(P.W.1), the proprietor of plaintiff below Exh.2 in the form of affidavit.
Plaintiff relied upon the following documents as documentary evidence
which are as under :
-- 3 of 7 --
:4: Summary Suit No.724/2018
Sr.
No.
Exhibits Particulars
1. Exh.4 Original invoice No.87 dated 27.06.2016 for
Rs.47,728/ alongwith its lorry receipt
No.095520 dated 30.06.2016, Article 7 of
Mumbai Vidarbha Roadways
2. Exh.5 Original legal demand notice dated 13.09.2017
issued by the plaintiff's Advocate to the
defendant.
3. Exh.6 Original accounts statement of the plaintiff with
the defendant.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has adduced evidence of Mrs. Kamaljit Kaur Chadha
(P.W.1), the proprietor of plaintiff below Exh.2 in the form of affidavit
and stated that she has filed the present suit against the defendants
above named for an order and decree to pay her a sum of Rs.46,770/
together with further interest @ 18% per annum on the principal
amount of Rs.37,428/ from the date of the filing of the suit till
payment to her and for cost of the suit. Mrs. Kamaljit Kaur Chadha
(P.W.1) has further stated that she reiterate and confirm each and every
statements, averments and submissions in the plaint and she craves
leave to treat the same as part of this affidavit.
7. Mrs. Kamaljit Kaur Chadha (P.W.1) has further stated that against
the defendants valid and confirmed order of the plaintiff sold and
supplied goods to the defendants from time to time on credit basis. Mrs.
Kamaljit Kaur Chadha (P.W.1) has further stated that the defendants
the defendants had transferred money in two installments through bank
dated 19.09.2016 for Rs.8,000/ and another dated 05.12.2016 for
-- 4 of 7 --
:5: Summary Suit No.724/2018
Rs.2,300/. Mrs. Kamaljit Kaur Chadha (P.W.1) has further stated that
defendants have not paid a single penny till date and thus the
defendants has admitted his liability and thus acknowledges the
outstanding amount as their debt. Thereafter the plaintiff sent legal
demand notice through Advocate. Mrs. Kamaljit Kaur Chadha (P.W.1)
has further stated that there is now thus due and payable by the
defendants to the plaintiff's the sum of Rs.37,428/ being the principal
amount along with the amount of interest at the rate of 18% per annum
from one month of credit limit being 27th July, 2016 till filing of the
present suit as per the particulars of claim.
8. Plaintiff has produced all the corroborating documents which are
Original Invoice alongwith its lorry receipt, Original Legal Demand
Notice issued by the plaintiff's Advocate to the defendant and original
accounts statement of the plaintiff with the defendant 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
46,770/ from both defendants jointly.
9. 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.37,428/ 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.
2. Defendant Nos. 1 and 2 are jointly and severally directed to pay
-- 5 of 7 --
:6: Summary Suit No.724/2018
amount of Rs.46,770/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.37,428/ 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: 30.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.03.2019
Transcribed on : 30.03.2019
Signed on : 30.03.2019
-- 6 of 7 --
:7: Summary Suit No.724/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24.04.2019 At 4:21 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
30.03.2019
Judgment/Order signed by P.O. on 30.03.2019
Judgment/Order uploaded on 24.04.2019
-- 7 of 7 --