Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010067232019
Filed on :03.07.2019
Registered On:07.09.2019
Decided on :02.03.2021
Duration :Y-01/M-8/D-01
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.899 OF 2019
Exhibit-8
Chetana Publication (I) LLP
(Formerly known as Chetana
Book Depot A Partnership Firm,
through their Constituted Attorney
Mr. Rajesh Kamble
4th Floor, Trade link, E-Wing
“ B” Block, Kamala City,
above Bombay Canteen,
Lower Parel, Mumbai-400013 ...Plaintiff
V/s.
1. Nirmala Educational and Cultural
Academy, Agraharam, 4th Lane,
Guntur, Andhra Pradesh-522 004
2. D. Surehka-,
Age: Not known Occ:
Vice President
Nirmala Educational and Cultural
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Summ. Suit No.899/2019
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Academy, Agraharam, 4th Lane,
Guntur, Andhra Pradesh-522 004
3.A. Renuka Devi
Age: Not Known Occ: Treasurer
Nirmala Educational and Cultural
Academy, Agraharam, 4th Lane,
Guntur, Andhra Pradesh-522 004 ... Defendants
SUIT FOR RECOVERY OF RS.1,89,621/-
Appearance:-
Adv. Ms. Megha Jani for the plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.59).
DATE : 02/03/2021
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 limited liability Partnership Firm
registered under the Limited Liability Partnership Act, 2008 doing
business as educational publishers. Pursuant to defendants purchase
orders through emails, plaintiff supplied to defendants said goods from
time to time and raised various invoices the same aggregating
Rs.4,62,053/-. The plaintiff received a cash sum of Rs.1,50,000/- by the
way of part payment against the invoices raised. Thereafter defendants
issued cheques amounting of Rs.1,31,000/-,Rs.25,000/- and
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Rs.1,00,000/- but same were returned with remark ‘ Funds Insufficient”.
Thereafter, the plaintiff sent legal notice to defendants dated
18.04.2019. After receipt of the legal notice, defendants failed and
neglected to repay the balance amount of Rs.1,28,122/-. Hence,
plaintiff is constrained to file the suit for recovery of the amount of
Rs.1,28,122/- The total suit claim of the plaintiff for Rs1,89, 621/-.
3. The suit summons were duly served on the defendants but
they 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:-
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.1,89,621/- with
interest
@ 18 % per annum
on principal amount
of Rs.1,28,122/-
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence at Exhibit.7.
Sr.
No.
Description of documents Date
1 True Copy of the Power of Attorney
2 Office copy of emails/purchase
order
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Sr.
No.
Description of documents Date
3 Invoice No.9920.01 18.05.2016
4 Invoice No.9928.01 18.05.2016
5 Invoice No.9929.02 31.05.2016
6 Certified Copy of the cheque 20.01.2018
7 Office copy of notice 18.04.2019
8 Copy of the statement of accounts
for the period from 01/04/2016 to
31/03/2021
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at Exhibit-7/1
to 7/8 goes to establish that plaintiff has supplied goods to the
defendants. The documents further prove that the amount of
Rs.1,28,122/- is due and payable to the plaintiff company from
defendants towards delivered of goods. Now plaintiff is to receive from
defendants the amount of Rs.1,89,621/- alongwith interest upto date.
The documents at list Exhibit-7/1 to 7/8 goes to establish that
defendants are liable to pay Rs.1,89,621/- to the plaintiff on the date of
filing of the suit towards the purchase of goods alongwith interest. In
this background, it is held that plaintiff is entitled to recover sum of
Rs.1,89,621/- 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
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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.1,89,621/-. 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.1,89,621/- from the
defendants with interest on Rs.1,28,122/- at the rate of 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.
ORDER
1. The defendant shall pay Rs.1,89,621/- (Rs. One Lakh
Eighty Nine Thousand Six Hundred Twenty One Only)
to the plaintiff and defendant shall also pay with
interest on principal amount of Rs.1,28,122/- at the
rate of 18% per annum from the date of filing of the
suit till its realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Judge, City Civil Court,
Date :02/03/2021 Gr. Bombay
Dictated on : 02/03/2021
Typed on : 02/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.03.2021 11.00 a.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S.G.Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
02/03/2021
JUDGMENT/ORDER signed by
P.O.on
02/03/2021
JUDGMENT/ORDER uploaded on 03/03/2021
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