Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.1029/2018
Received on : 07.06.2018
Registered on : 12.09.2018
Decided on : 03.05.2019
Duration : Y M D
00 10 27
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1029 OF 2018
CNR NO.: MHCC010068692018
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, Occup : Service ...Plaintiff
Versus
Mr. Pravin Kode
Age : not known
Founder,
Lotus English School,
Ambajogai Road,
Near Varad Hospital, Kingaon – 413523
Tal: Ahmedpur, Dist : Latur,
Maharashtra ...Defendant
Appearances:
Advocate Ms. Ritika Iyer for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd MAY, 2019.
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[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that pursuant to defendant verbal and
purchase order from time to time, it sold supplied and delivered to
defendant said goods through Delivery challans from time to time
which were acknowledged by defendant without any protest for quality,
quantity till date. Plaintiff has further stated that in due course of
business it raised Invoices upon defendant vide Invoice bearing
No.PT65056 dated 13.06.2016 for the sum of Rs.123,870.00, Invoice
bearing No.II60122 dated 10.06.2016 for the sum of Rs.188.00, in
aggregate to sum of Rs.124,058.00. Plaintiff has further stated that after
lot of persuasion and followup defendant have failed to make payment
till date. Plaintiff has further stated that as per its Sales ledger now a
sum of Rs.1,24,058.00 is due and payable by defendant to it.
2. Plaintiff has further stated that it through their Advocate sent
legal Notices dated 28.05.2018 which was posted on 28.05.2018 by
Regd. A.D. which was received by defendant on 30.05.2018 as per
postal Track Report calling upon defendant to make payment of balance
sum of Rs.1,24,058.00. Therefore, plaintiff filed this suit.
3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below:
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Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.1,67,986/ from
defendant along with interest @ 18%
p. a. on the sum of Rs.1,24,058/
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
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Copy of Board Resolution dated 01st January 2018.
2. Exh.9 Copy of Board Resolution dated 14th July 2018.
3. Exh.10 Xerox copy of Purchase Order dated 06.06.2014
4. Exh.11 Original Lorry Receipt dated 10.06.2016
5. Exh.12 Original Lorry Receipt dated 11.06.2016
6. Exh.13 Office copy of Invoice dated 13.06.2016
7. Exh.14 Office copy of Invoice dated 10.06.2016
8. Exh.15 Office copy of Sales Ledger dated 01.04.2015 to
24.05.2018
9. Exh.16 Office copy of Notice dated 28.05.2018
10. Exh.17 Original postal receipt dated 28.05.2018
11. Exh.18 Original A.D. Card dated 30.05.2018
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has adduced evidence of Ms. Rutuja Suraj Sarfare (P.W.1)
in the form of affidavit below Exh.6 and she has stated in her evidence
that pursuant to defendant verbal and purchase order bearing
No.32227, 32228 dated 06.06.2016, plaintiff sold supplied and
delivered to defendant said goods through PROFESSIONAL COURIES
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L.R. No.0210435251 dated 10.06.2016 and SHAH ROADWAYS
TRANSPORT CONTRACTORS, L.R. No. 98505 dated 11.06.2016
respectively which were acknowledged by defendant without any
protest for quality, quantity till date.
8. Ms. Rutuja Suraj Sarfare (P.W.1) has further stated that in due
course of business plaintiff raised Invoices upon defendant Invoice
bearing No.PT65056 dated 13.06.2016 for the sum of Rs.123,870.00,
Invoice bearing No.II60122 dated 10.06.2016 for the sum of Rs.1,88.00,
in aggregate sum of Rs.124,058.00.
9. Ms. Rutuja Suraj Sarfare (P.W.1) has further stated that as
defendant failed to make payment of outstanding amount and therefore
plaintiff through their Advocate sent legal Notices dated 28.05.2018
which was posted on 28.05.2018 by Regd A.D. which was received by
defendant on 30.05.2018 as per A.D. Card calling upon defendant to
make payment of balance sum of Rs.1,24,058.00. She has further stated
that Notice sent is delivered to defendant on 30.05.2018 as per A.D.
card as Notice was sent on true and correct address registered with
plaintiff. She has further stated that now, a sum of Rs.1,67,986/ is due
and payable by the defendant to the plaintiff inclusive of interest upto
31.05.2018 as per the particular of claim.
10. Plaintiff has produced all the corroborating documents which are
Copy of Board of Resolutions, Xerox copy of Purchase Order, Original
Lorry Receipts, Office copy of invoices, Office copy of Sales Ledger,
Office copy of Notice, Original postal receipt and Original A.D. Card on
record as documentary evidence. The oral evidence of plaintiff is
corroborated by documentary evidence. Defendant has failed to
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challenge all the allegations in the plaint and evidence of plaintiff.
Therefore, plaintiff has proved that it is entitled to get sum of
Rs.1,67,986/ from defendant.
11. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.1,24,058/ 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 is directed to pay sum of Rs.1,67,986/ to plaintiff
along with interest @ 9% p.a. on the sum of Rs.1,24,058/
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: 03.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.05.2019
Transcribed on : 03.05.2019
Signed on : 03.05.2019
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:6: Summary Suit No.1029/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23.05.2019 At 3:09 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
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 23.05.2019
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