Final Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1 SUM.SUIT 939/2018
Received on : 07062018
Registered on : 07062018
Decided on : 05072019
Duration : 01Y 0M 29D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 939 OF 2018
(Under order xxxvii of code of civil procedure, 1908)
CNR NO.: MHCC010068782018
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.Sevice ...Plaintiff
Versus
Mr.Vaibhav Dinkar Garad
Age not known, Director
Dnyansanskar PreSchool (Adhar S)
At & Post: Khed 413 501, Tal: Osmanabad,
Dist.: Osmanabad, Maharashtra ...Defendant
Appearances:
Advocate J.R.Vakil & Associates for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 5th JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.28,198/(Rupees Twenty Eight
Thousand One Hundred and Ninety Eight only).
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JUDGMENT 2 SUM.SUIT 939/2018
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.28,198/(Rupees Twenty Eight
Thousand One Hundred and Ninety Eight 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.28,198/
(Rupees Twenty Eight Thousand
One Hundred and Ninety Eight
only) is due and recoverable from
defendants?
Yes
3. Whether the plaintiff is
entitled for recovery of
Rs.28,198/(Rupees Twenty Eight
Thousand One Hundred and
Ninety Eight only) along with
interest as claimed?
Yes
4. What order and decree? As per final order
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JUDGMENT 3 SUM.SUIT 939/2018
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.6 and filed original board resolutions, email order, two original
LR, copy of invoice, copy of debit note, copy of sales ledger, copy of
notice, copy of postal receipt and RPAD.
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.28,198/(Rupees Twenty Eight
Thousand One Hundred and Ninety Eight 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.
2. Defendant do pay amount of Rs.28,198/(Rupees Twenty Eight
Thousand One Hundred and Ninety Eight 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.
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JUDGMENT 4 SUM.SUIT 939/2018
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 4.25p.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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