Order 1

Order Details: Ex-parte Judgement
Pdf Text: JUDGMENT 1 SUM.SUIT 951/2018
Received on : 07062018
Registered on : 07062018
Decided on : 05072018
Duration : 01Y 0M 29D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 951 OF 2018
CNR NO.: MHCC010068652018
Jeevandeep Edumedia Pvt.Ltd.
Having Reg.office at
Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai 400 013.
Through its Legal Assistant Manager
Mrs.Tirumala Reddy
Age 31, Occ.Service ...Plaintiff
Versus
Mr.Babanrao Wabale
Age not known
Director
Prayatna English Medium School
(Prayatna Gram Vikas Mandals,
At & Post: Ghanegaon414301
Tal.:Parner Dist: Ahmednagar
Maharashtra ….Defendant
Appearances:
Advocate J.R.Vakil & Associates for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 5th JULY 2019
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JUDGMENT 2 SUM.SUIT 951/2018
J U D G M E N T
This is a suit for recovery of Rs.1,39,337/(Rupees One Lac
Thirty Nine Thousand Three Hundred and Thirty Seven only).
2. The plaintiff case in nut shell is that plaintiff carries a business as
educational publishers. Pursuant to the purchase orders of defendant
plaintiff had sold,supplied and delivered various goods to defendant.
The defendant is in default of Rs.Rs.1,39,337/(Rupees One Lac Thirty
Nine Thousand Three Hundred and Thirty Seven 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 arise for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff proves
that he had supplied various goods to
defendant from time to time?
Yes
2. Whether the plaintiff proves that
amount of Rs.1,39,337/(Rupees
One Lac Thirty Nine Thousand Three
Hundred and Thirty Seven only) is
due and recoverable from
defendants?
Yes
3. Whether the plaintiff is Yes
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JUDGMENT 3 SUM.SUIT 951/2018
entitled for recovery of Rs.1,39,337/
(Rupees One Lac Thirty Nine
Thousand Three Hundred and Thirty
Seven only) along with interest as
claimed?
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 Smt.Neha Nachiket Kulkarni vide
Exh.5 and filed original board resolutions, email order, two original
LR, copy of invoices, copy of credit note, copy of sales ledger, copy of
notice, copy of postal receipt.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The email order, two
original LR, copy of invoice, copy of debit note, copy of sales ledger,
copy of notice shows that pursuant to the purchase orders of defendant
plaintiff had sold,supplied and delivered various goods to defendant.
The defendant is in default of Rs.1,39,337/(Rupees One Lac Thirty
Nine Thousand Three Hundred and Thirty Seven only).As far as rate of
interest is concerned, the plaintiff has claimed interest @ 18% p.a. The
invoice states that late payment will be charged with interest @ 18%
p.a.hence, such rate can be granted. Therefore, point No.1 to 3 is
answered as Yes and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
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JUDGMENT 4 SUM.SUIT 951/2018
2. Defendant do pay amount of Rs.1,39,337/(Rupees One Lac
Thirty Nine Thousand Three Hundred and Thirty Seven only) with
interest @ 18% p.a. from the date of filing of suit till the date of
realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 05/07/2019 City Civil Court,Gr. Bombay
Dictated on : 05/07/2019
Transcribed on : 06/07/2019
Signed on : 08/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/07/2019 at 4.35p.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
05/07/2019
Judgment/Order signed by P.O. on 08/07/2019
Judgment/Order uploaded on 10/07/2019
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