Final Order 3

Order Details: Copy of Judgment
Pdf Text: MHCC010067242019 Presented on 03/07/2019
Registered on 03/10/2019
Decided on 24/04/2026
Duration 06Y: 09M: 23D
Exhibit 15
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 964 OF 2019
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
VERSUS ]
1. Ambika General Stores ]
121, South Sadar Bazar, Solapur – 413 003. ]
2. Parshan Darshan Ghantewar ]
Ambika General Stores, 121, South ]
Sadar Bazar, Solapur – 413 003. ]
3. Gopal Vishwanath Ghantewar ]
Ambika General Stores, 121, South ]
Sadar Bazar, Solapur – 413 003. ]...Defendants
Appearance :-
Ld. Adv. Hitesvi Sanghavi for plaintiff.
Defendants absent (Ex- parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 24/04/2026.
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ORDER
( Dictated and pronounced in open Court)
01] This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (C.P.C.), by the plaintiff for recovery of an
amount of Rs.1,27,466/- including interest and prayed for further
interest from the defendants.
02] The plaintiff has amended the name of defendant No.2
during the pendency of the suit in view of order dated 04/03/2020
passed on Chamber Summons No.406/2020.
Brief facts of plaintiff’s case may be summarized as under :-
03] As per plaintiff, it is a registered partnership firm and
engaged in publishing educational books and dealing sale of books.
Defendant No. 1 is a General Store and defendants No. 2 and 3 are its
proprietor. Defendants approached the plaintiff for supplying
educational books since 2016. Plaintiff has supplied goods to the
defendants as per purchase orders placed by them from time to time.
Accordingly, plaintiff raised invoices aggregating Rs.1,22,908/-.
Defendants have never raised any objection with respect to the goods.
Defendants have made part payment of Rs. 35,000/-. Further,
defendants have issued cheque dated 02/01/2019 bearing No. 044246
for sum of Rs. 87,408/- towards balance amount. However, said
cheque was dishonoured for reason “Funds Insufficient”. Therefore,
plaintiff is entitled for balance amount of Rs. 87,408/- alongwith
interest at the rate of 18% p.a. and Rs. 500/- towards charges of
dishonour of cheque. Defendants failed to pay the balance amount
therefore, plaintiff issued notice dated 18/04/2019 and called upon
defendants to make the payment of dishonour of cheque. Defendants
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received the notice however, failed and neglected to pay the balance
amount. Therefore, plaintiff lodged complaint bearing No.
295/SS/2019 before the Ld. Metropolitan Magistrate, 14th Court,
Girgaon, Mumbai u/sec 138 of Negotiable Instrument Act. Thereafter,
defendants filed false reply dated 29/04/2019 and contended that they
are liable only to pay an amount of Rs. 9,191/-. Further, the plaintiff is
entitled for balance amount of Rs.87,908/- and interest of Rs.39,558/-,
total amounting to Rs.1,27,466/-. The plaintiff is also entitled for
further interest at the rate of 18% p.a. Hence, this suit.
04] The defendants have appeared in the matter. Thereafter,
the plaintiff has taken out Summons for Judgment No.28/2023, which
came to be dismissed on 30/10/2025 and defendants were granted
conditional leave to defend the suit with direction to depositing an
amount of Rs.87,408/- within one month. The defendants have failed
to comply the said order. The plaintiff has filed Non Deposit Certificate
vide Exh.14 on record. Therefore, plaintiff is entitled for judgment as
per Order 37, Rule 3(6)(b) of C.P.C.
05] The plaintiff has relied on following documents vide List
Exh.11.
Sr.
No. Exhibit Particulars
1 Exh.10/1 Office copy of print out of the emails and purchase
order.
2 Exh.10/2 Original office copies of the invoices raised by the
plaintiff.
3 Exh.10/3 Office copy of letter dated 18/04/2019 addressed by
the advocate for the plaintiff to the defendants along
with acknowledgment of receipt thereof.
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4 Exh.10/4 Office copy of letter dated 29/04/2019 address by
the advocates for the defendants to the plaintiff.
5 Exh.12/1 Certified copy of cheque and cheque return memo.
06] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover an amount of
Rs.1,27,466/- from the
defendants? If yes, at what rate
of interest ?
Yes, the plaintiff is entitled for simple
interest on amount of Rs.87,908/-
at the rate of 7% p.a. from
03/07/2019, the date of filing of the
suit till its full realization.
2. What order and decree? As per final order.
R E A S O N S
As to points No. 1 and 2:-
07] Perused plaint, oral and documentary evidence on record.
Heard Ld advocate for plaintiff. Defendant failed to argue the matter.
As per the plaintiff, it is a registered partnership firm and carrying on
business and dealing in sale of Books. Defendant No.1 is a General
Store and Defendants No. 2 and 3 are proprietor of it and responsible
for day to day affairs of it. Further, the defendants approached the
plaintiff for supplying educational books since 2016. The defendants
used to place purchase order Online. The plaintiff has filed printouts of
purchase orders alongwith emails vide list Exh. 10/1 on record
however, same are not supported by requisite certificate. Therefore, it
cannot be read in evidence. The plaintiff has supplied goods to the
defendants as per purchase orders placed by them from time to time.
Further, the plaintiff has supplied goods to the tune of Rs.1,22,908/-
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and accordingly, raised invoices aggregating Rs.1,22,908/-. The
plaintiff has filed office copies of tax invoices on record vide list
Exh. 10/2. However, there is nothing on record to show that said
invoices were received by the defendants. The plaintiff has supplied
said goods to the defendants through Shri Siddeshwar Transport. The
plaintiff has not filed any lorry receipt on record. Further, the
defendants have received the goods and never raised any issue or
objection with respect to the quantity and quality of the said goods.
Further, as per purchase order, the defendants were supposed to pay
amount of bill within 30 days from the date of the invoice. The
defendants made part payment of Rs.35,000/- against the invoices
raised by the plaintiff. However, failed to pay balance amount.
08] Further, defendants have issued cheque dated
02/01/2019 bearing No.044246 for sum of Rs.87,408/- towards
balance amount. However, said cheque was dishonoured for reason
“Funds Insufficient”. The plaintiff has filed certified copy of said
dishonored cheque and cheque return memo on record vide list
Exh. 12/1. On perusing said documents, it appears that said cheque
was dishonored on 07/01/2019. Thereafter, plaintiff issued notice
dated 18/04/2019 and called upon defendants to make the payment of
dishonour of cheque. The plaintiff has filed office copy of said notice
on record vide list Exh. 10/3. On perusing said notice, it appears that it
is received by the defendants. The defendants received the notice
however, failed and neglected to pay the balance amount. Therefore,
plaintiff lodged complaint bearing No. 295/SS/2019 before the Ld.
Metropolitan Magistrate, 14th Court, Girgaon, Mumbai u/sec 138 of
Negotiable Instrument Act. Thereafter, defendants filed false reply and
contended that they are liable only to pay an amount of Rs. 9,191/-.
the plaintiff has filed said reply on record vide list Exh. 10/4.
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09] It is the contention of the plaintiff that therefore, it is
entitle for balance amount of Rs.87,408/- alongwith interest at the rate
of 18% p.a. and Rs. 500/- towards charges of dishonour of cheque.
Further, the defendants are liable to pay an amount of Rs.87,908/-
towards balance and Rs.39,558/- towards interest at the rate of 18%
p.a., total amounting to Rs.1,27,466/-. However, the defendants failed
to pay outstanding amount despite of receipt of notice. As discussed
above, the defendants have failed to comply order dated 30/10/2025
passed on Summons for Judgment No.28/2023. The defendants vide
reply dated 29/04/2019 given to the notice sent by the plaintiff has
contended that they have not received any goods since 04/04/2016.
However, it is admitted that they have received goods to the tune of
Rs.9,191/- as per Invoice No.1208.01. However, the defendants have
not adduced any evidence to that effect. Therefore, the evidence of
plaintiff has remained unchallenged. Thus, I am of the view that
plaintiff has proved that it is entitled for an amount of Rs.1,27,466/-.
10] So far as further interest is concerned, the plaintiff has
claimed interest at the rate of 18% p.a. However, I am of the view that
the same is excessive as compared to the rate of interest of
Nationalized Banks. Therefore, having regard to the provision of
Section 34 of the Civil Procedure Code, I am of the view that granting
the further interest at the rate of 7% per annum on Rs.87,908/- from
the date of filing of the suit would be just, proper and reasonable.
Hence, I hold that the plaintiff is entitled to interest at the rate of 7%
p.a. on Rs.87,908/- from the date of filing the suit till its full
realization. Defendant No.1 is a General Store and defendants No. 2
and 3 are proprietors of it. Therefore, they are jointly and severally
liable to pay outstanding amount including interest to the plaintiff.
Hence, I answer point No. 1 accordingly. In the result, in answer to
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point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No. 964 of 2019 is hereby decreed with the
costs.
2) Defendants shall jointly and severally pay an amount of
Rs.1,27,466/- (Rupees One Lakh Twenty Seven Thousand Four
Hundred and Sixty Six only) to the plaintiff.
3) Defendants shall jointly and severally pay to the plaintiff simple
interest on Rs.87,908/- (Rupees Eighty Seven Thousand Nine
Hundred and Eight only) at the rate of 7% p.a. from
03/07/2019, the date of issuance of respective cheques till its
full realization.
4) The plaintiff may be entitled to get refund the court fees paid, if
provided for in Rules.
5) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court, Mazgaon, Mumbai.
C.R.No.81
Date- 24/04/2026
Dictated on : 24/04/2026
Corrected & signed on : 24/04/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
24/04/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri. Sangram S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER
24/04/2026
JUDGMENT/ORDER signed by P. O. on 24/04/2026
JUDGMENT/ORDER uploaded on 24/04/2026
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