Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.735/2018 1
Received on : 06062018
Registered on : 20072018
Decided on : 16/10/2019
Duration : 01Y 04M 11D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.735 OF 2018
(CNR NO.: MHCC010067722018)
Hemant Surgical Industries Ltd.
A private Ltd.Company
Through its authorized representative
Datta A, More, Age 47 yrs.
Having its registered office at
Ecstasy Office No502, 6th floor,
City of Joy Commercial,
J.S.D. Road, Mulund West,
Mumbai400 080. ...Plaintiff
Versus
1. Chikitsa Diagnostic & Imaging Centre
Having office at Sumati Krishna Niwas
Near Hotel Ameys, Shiv Sena Bhavan Path
Dadasr West, Mumbai400028.
2. Dr.Nandkumar Y Tasgaonkar
Chairman and Managing Director of
Chikitsa Diagnostic & Imaging Centre
Having office at Sumati Krishna Niwas
Near Hotel Ameys, Shiv Sena Bhavan Path
Dadar West, Mumbai400028.
3. Tasgaonkar Institute
Raigad Hospital and Research Centre
Village Diksal, Post Koshane,
TalKarjat,DistrictRaigad ….Defendants
Appearances:
Advocate Mr.Mujib Khan for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.735/2018 2
CORAM :HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE :16TH OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs.7,31,250/(Rupees Seven Lakhs
Thirty One Thousand Two Hundred and Fifty only).
2. Plaintiff case in nut shell is that pursuant to the order of
defendant, plaintiff sold, supplied and delivered goods to defendant.
The invoice of Rs.15,75,000/ was raised and defendant has paid
Rs.8,43,750/. The defendant had refused to pay the balance amount
and is in default of Rs.7,31,250/(Rupees Seven Lakhs Thirty One
Thousand Two Hundred and Fifty only). Hence this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
he has supplied goods to defendants?
Yes
2. Whether plaintiff proves that
amount of Rs.7,31,250/(Rupees
Seven Lakhs Thirty One Thousand Two
Hundred and Fifty only) is due and
recoverable from defendants?
Yes
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SUMMARY SUIT NO.735/2018 3
3. Whether plaintiff is entitled for
recovery of Rs.7,31,250/(Rupees
Seven Lakhs Thirty One Thousand Two
Hundred and Fifty only) with interest
as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Ramesh Mavani, authorised person
vide Exh.5 and filed resolution, purchase order, delivery chalan,
installation report,correspondence, memorandum of understanding,
cheque along with bank memo, advocate notice and postal
acknowledgement .
6. Heard Ld.Counsel for plaintiff.
7. The affidavit is supported by documents. The resolution, purchase
order, delivery chalan, installation report,correspondence,
memorandum of understanding, cheque along with bank memo,
advocate notice and postal acknowledgement shows that pursuant to
the order of defendant, plaintiff sold, supplied and delivered goods to
defendant. The invoice of Rs.15,75,000/ was raised and defendant has
paid Rs.8,43,750/. The defendant has refused to pay the balance
amount and is in default of Rs.7,31,250/(Rupees Seven Lakhs Thirty
One Thousand Two Hundred and Fifty only). As far as rate of interest is
concerned plaintiff has prayed for rate of 10% p.a. The said rate of
interest is mentioned in invoice and can be granted. Therefore, point
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SUMMARY SUIT NO.735/2018 4
No.1 to 3 is answered as 'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs.7,31,250/
(Rupees Seven Lakhs Thirty One Thousand Two Hundred and Fifty
only) with interest @ 10% p.a. from the date of filing of the suit till full
and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 16/10/2019 City Civil Court,Gr. Bombay
Dictated on : 16/10/2019
Transcribed on : 17/10/2019
Signed on : 18/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
19/10/2019at 3.40 p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
16/10/2019
Judgment/Order signed by P.O. on 18/10/2019
Judgment/Order uploaded on 19/10/2019
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