Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.961/2018 1
Received on : 11062018
Registered on : 06092018
Decided on : 18122019
Duration : 01Y 06M 08D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.961 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010069352018)
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.Suraj Chandrakant Mane
Director
Balaji English Medium School
(Balaji Education Society's)
Market Yard, Sankheshwar Road,
Gadhinglaj 416 502, Dist.Kolhapur,
Maharashtra. ….Defendant
Appearances:
Advocate Ms.Ritika Iyyar for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE: 18TH DECEMBER 2019
J U D G M E N T
1. This is summary suit for recovery of Rs.1,09,650/(Rupees One
Lakh Nine Thousand Six Hundred and Fifty only) with interest @ 18%
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SUMMARY SUIT NO.961/2018 2
p.a..
2. According to the plaintiff, it is registered company carrying on the
business as Educational Publishers. Pursuant to the orders placed by the
defendant, the plaintiff sold, supplied and delivered to the defendant
certain goods. The plaintiff raised invoices regarding the same as
mentioned in para 4 of the plaint for total sum of Rs.1,36,304/. The
defendant made part payment of Rs.53,872/. Credit notes were also
issued in favour of the defendant. Considering the amount of part
payment and amount of credit note, the outstanding amount due and
payable by the defendant is Rs.43,662/. The defendant failed to pay
the same amount. Therefore, the plaintiff is entitled to the interest @
18% p.a. Despite legal notice dated 22/03/2018 the defendant did not
pay the same amount. At the institution of the suit, the amount due and
payable by the defendant was Rs.1,09,650/. Therefore, the plaintiff
prayed decree for said amount with interest @ 18% p.a.
3. Despite service of summons the defendant failed to appear.
Therefore, suit proceeded exparte against the defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed?
Yes
2. What order & decree? As per final order
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SUMMARY SUIT NO.961/2018 3
REASONS
AS TO POINTS NO.1 &2.
5. The plaintiff filed evidence affidavit of its authorized person
P.W.1 Rutuja at Exh.6 and produced documents below list Exh.7. the
testimony of P.W.1 Rutuja speaks that the plaintiff sold and delivered
goods to the defendant and raised invoices as mentioned in para 5 of
her chief examination for the sum of Rs.1,36,304/. The defendant
made part payment of certain amount and also credit was given to the
defendant vide certain credit notes as referred in the para 6 of her
evidence/affidavit. The outstanding due and payable amount by the
defendant is Rs.43,662/. The plaintiff is entitled for interest @ 18%
p.a. At the institution of the suit, amount due and payable by the
defendant was Rs.1,09,650/. The documents placed on record as
Purchase order, Lorry receipt and the invoices reveal that the plaintiff
sold the books to the defendant as claimed by the plaintiff. Thus, the
testimony of P.W.1 Rutuja and the documents support case of the
plaintiff. The defendant failed to appear and challenge the plaintiffs
contention. In these circumstances, the plaintiff is entitled to recovery of
the amount with interest as prayed. Hence, point No.1 is answered in
affirmative and in answer to point No.2 order as follows is passed:
ORDER
1. The suit is exparte decreed with costs as under:
2. The defendant shall pay to the plaintiff amount of Rs.1,09,650/
(Rupees One Lakh Nine Thousand Six Hundred and Fifty only)
with interest @ 18% p.a. on the principal amount of Rs.43,662/
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SUMMARY SUIT NO.961/2018 4
from the date of the suit till realization of the amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 18/12/2019 City Civil Court, Gr. Mumbai
Dictated on : 18/12/2019
Transcribed on : 22/12/2019
Signed on : 26/12/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
01/01/2020 at 1.40p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 18/12/2019
Judgment/Order signed by P.O. on 26/12/2019
Judgment/Order uploaded on 01/01/2020
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