Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment ..1.. Sum Suit No.766/2019
MHCC010068932019 Presented on : 06/07/2019
Registered on : 01/08/2019
Decided on : 21/08/2026
Duration : 07 Y: 00 M : 20 D
Exhibit : 17
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMARY SUIT NO.766 of 2019
SHARAD RATILAL MEHTA
Proprietor of Vardhman Corporation, having
registered Office at 3/103, C-Ramabai Wadi,
Pariwar Co-op. Housing Society, Ground Floor,
J.N. Road, Mulund (West), Mumbai – 400080.
]
]
]
]
] ...Plaintiff
Versus
S. M. BIRADAR,
Proprietor of M. K. Industries, Registered Office,
Bhakti Park, Phase No.1, 601, 6th floor, “C” Wing,
Near Anand Nagar Bus Stop, Ghod Bunder Road,
Thane (West) – 400 607.
Factory Address:- Plot No.A/343, Road No.25,
Near Hindustan Forgings Steel, Wagle Industrial
Estate, Thane (West) – 400 607.
]
]
]
]
]
]
]
] ...Defendant
Appearance :-
Ld. Adv. Harsha Mehta for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HHJ P. B. LOKHANDE (C.R.No.82)
DATE : 21/08/2026
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Judgment ..2.. Sum Suit No.766/2019
J U D G M E N T
This summary suit is filed for recovery of amount vide
Order XXXVII of Code of Civil Procedure, 1908.
The facts in brief are as under :-
2. The plaintiff Sharad Ratilal Mehta is proprietor of
Vardhaman Corporation having registered office at Mulund, carrying
on business of hardware. The Defendant S. M. Biradar is Proprietor of
“M. K. Industries” is manufacture of hydraulic cylinders etc. The
plaintiff supplied material to the defendant, raised server invoices
against the defendants total amounting Rs.1,10,791/-. The defendant
issued payment through seven cheque dated 11.06.2018 of DNS Bank,
Branch Naupada, Thane, specifically mentioned in para 4 of the plaint.
The plaintiff deposited said cheque returned with remark account
closed. As per conversation between the defendant, he assured to pay
the dues. Even several reminders, defendant failed to pay dues.
Therefore plaintiff issued legal demand notice 05.07.2018 through
advocate. The defendant failed to pay as per demand. The plaintiff is
entitled for recovery of outstanding demand alongwith interest at the
of 18% p.a. The plaintiff claiming decree against the Defendant of
Rs.1,10,791/- towards principal amount and Rs.35,275/- towards
interest 01.06.2019 i.e. total Rs.1,46,066/- and further interest @ of
18% p.a. on principal amount from the date of filing suit till final
realization of the amount with cost.
3. The writ of summons was served upon the defendants, they
failed to appear. Hence, my Ld. Predecessor passed ex-parte order on
12.12.2025.
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Judgment ..3.. Sum Suit No.766/2019
4. Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I record my findings with
reasons thereon as under :
Sr. No. POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of suit claim along-with interest
@ 18% p.a.?
...In the Affirmative
2. What order ? ...As per final order.
R E A S O N S
5. The plaintiff has filed claim affidavit at Exh.8 and list of
document at Exh.9, Invoices and delivery challan (total-9) at Exh.10
colly., Cheques return with bank memos (total-7) at Exh.11 colly.,
Legal Notice returned unclaimed at Exh.12 and Exh.13, ledger account
of defendant in the books of account of the plaintiff Exh.14, certificate
under section 65b of IEA at Exh.15 and evidence closed pursis at
Exh.16.
AS TO POINT NOS.1 & 2 :-
6. The plaintiff Sharad Ratilal Mehta reiterated the contents
of plaint in chief examination affidavit at Exh.8. It is stated that, the
plaintiff is proprietor of Vardhaman Corporation having registered
office at Mulund, carrying on business of hardware. The Defendant S.
M. Biradar is Proprietor of “M. K. Industries” is manufacture of
hydraulic cylinders etc. The plaintiff supplied material to the
defendant, raised server invoices against the defendants total
amounting Rs.1,10,791/-(Exh.10 colly). The defendant issued payment
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Judgment ..4.. Sum Suit No.766/2019
through seven cheque dated 11.06.2018 of DNS Bank, Branch
Naupada, Thane, specifically mentioned in para 4 of the plaint. The
plaintiff deposited said cheque returned with remark account closed
(Exh.11 colly). As per conversation between the defendant, he assured
to pay the dues. Even several reminders, defendant failed to pay dues.
Therefore plaintiff issued legal demand notice 05.07.2018 through
advocate(Exh.12 and 13). The defendant failed to pay as per demand.
The plaintiff is entitled for recovery of outstanding demand along with
interest @ of 18% p.a. The plaintiff claiming decree against the
Defendant of Rs.1,10,791/- towards principal amount and Rs.35,275/-
towards interest 01.06.2019 i.e. total Rs.1,46,066/- and further
interest @ of 18% p.a. on principal amount from the date of filing suit
till final realization of the amount with cost.
7. Admittedly, the plaintiff evidence has gone unchallenged,
the plaintiff in support of claim substantiate the documentary evidence
as above. However, the plaintiff is claiming interest @ of 18% p.a. on
the outstanding dues against the Defendant. The Ld. Advocate
vehemently argued that, being commercial transaction between the
parties, on invoice 18% interest is to be levied after 90 days. In my
view, being commercial transaction and agreed upon as per invoice.
The plaintiff is entitled for decree and interest as prayed. Accordingly, I
answer point No.1 in the Affirmative and as to findings of point No.2, I
proceed to pass the following order:-
ORDER
1. Summary Suit No.766 of 2019 is decreed with costs.
2. The Defendant S. M. Biradar, proprietor of M. K.
Industries shall pay to the plaintiff the amount of
Rs.1,46,066/- (Rupees One Lakh Forty Six Thousand
and Sixty Six Only) and further interest at the rate of
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Judgment ..5.. Sum Suit No.766/2019
18% p.a. from 01.08.2019 on principal balance
amount of Rs.1,10,791/- till realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
(P. B. Lokhande)
Adhoc Judge,
City Civil & Sessions Court,
Mazgaon, Mumbai,
Court No.82
Dated : 21/08/2026
Dictated and typed on : 21/08/2026.
Signed by HHJ on : 21/08/2026.
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Judgment ..6.. Sum Suit No.766/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Pooja R. Sonune
Name of Typist21/08/2026 At about 05:40
p.m.
Name of the Judge (With C.R. No.) HHJ Pramod B. Lokhande
(COURT ROOM NO.82)
Date of Pronouncement of
JUDGMENT / ORDER
21/08/2026
JUDGMENT / ORDER signed by
P.O. on
21/08/2026
JUDGMENT / ORDER uploaded on 21/08/2026
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