Final Order 1

Order Details: Copy of Judgment
Pdf Text: MHCC010071312018
Presented on 14.06.2018
Registered on 20.07.2018
Decided on 03.03.2020
Duration Yrs. M. Days
01 07 14
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SHORT CAUSE SUIT NO.1813 OF 2018
Mr. Venkateshwararao Satyanarayan
Masaram
Proprietor of M/s. Vishvak Creation,
Hindu, Adult, Aged about 45 years, Indian
Inhabitant, carrying out business at 162,
1/2, Kamgar Nagar No.2, N.M. Joshi Marg,
New Prabhadevi, Dhan Mill Naka,
Mumbai – 400 013. ...Plaintiff.
V/s.
Proprietor of Nakshatra Fashion
Hindu, Adult, Age not known, Indian
Inhabitant, Carrying out business at 1966,
HAL 3rd, Stage,
New Thippsandra Main Road,
Bengaluru – 560 087. ....Defendant.
MHCC01-007131-2018
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Appearances:
Ld. Adv Mr. Prakash Deshpande for plaintiff.
None present for defendant.
Suit proceeded ex-parte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.BORLEPWAR
(C.R.No.20)
DATED : 3rd March, 2020
J U D G M E N T
(Ex-parte)
1. Plaintiff filed this suit for recovery of amount.
2. In brief, it is contention of the plaintiff that plaintiff is a
proprietor of M/s. Vishvak Creation, carrying out his business as address
mentioned in the title clause of the plaint. He was engaged in the
business of stitching and / or manufacturing of Formal and
Technological Trousers and selling goods on a commercial basis.
3. The defendant is a proprietor of Nakshatra Fashion,
situated at 1966, HAL, 3rd , stage, New Thippsandra Main Road,
Bengaluru – 560 087. He is engaged in selling of the finished garments
along with the finished goods of the plaintiff after buying the goods
from the plaintiff. Defendant approached the plaintiff in Mumbai and
bought the finished goods from the plaintiff at Mumbai. The defendant
did not make payment of the total bill amount of Rs.36,888/-. Plaintiff
contacted defendant through telephonic media to pay entire balance
amount but in vain. Plaintiff is entitled for the said sum of Rs.36,888/-
alongwith interest @ 18% p.a. Plaintiff delivered the goods to the
defendant on 03.09.2013 therefore, plaintiff is entitled to charge
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interest at the rate of 18% p.a. principal amount of Rs.36,888/- from
03.09.2015. Therefore, suit be decreed as prayed for.
4. The suit is proceeded ex-parte against the defendant as per
Roznama dated 13.02.2019.
5. Plaintiff examined himself by filing evidence affidavit at
Exh.3. He relied upon documents which are filed at Exh.4.
6. I have heard Learned Advocate appearing for the plaintiff.
7. Plaintiff supported his contention made in the plaint by
filing evidence affidavit. He states that defendant approached him in
Mumbai. Thereafter, defendant bought the finished goods from him at
Mumbai. As per the order of defendant and as per the standard practice
he dispatched the goods from Mumbai on 13.09.2015 through cargo
services Shreeji Transport Services situated at Mumbai. The defendant
did not pay total bill amount of Rs.36,888/-. He sent notice dated
02.11.2017 through his advocate to the defendant and thereby call
upon to pay the said amount. Defendant received said Notice on
06.11.2015.
8. PW 1 further states in his evidence affidavit that he seeks to
recover a total sum of Rs.55,137/- including the interest comprising of
Rs.36,888/- as principal amount and interest @ 18% p.a. amounting to
Rs.18,249/- from the date of delivery of goods i.e. 03.09.2015 on the
principal amount of Rs.36,888/-. He prays to decree the suit directing
to pay principal amount of Rs.36,888/- along with interest @ 18% p.a.
from the 03.09.2015 till its full realization.
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9. Perused Tax Invoice Exh.5. It is addressed to the
defendant. Total amount of Tax Invoice is mentioned Rs.36,888/-. The
Tax Invoice dated 03.09.2015. Perused Transport receipt Exh.6.
Perused Ledger Account Exh.7. It shows Rs.36,888/- is outstanding
amount.
10. Perused Notice dated 02.11.2017. It is addressed by the
defendant, by the said Notice plaintiff claimed said amount of
Rs.36,888/- along with professional fees of Rs.10,000/-. In this way by
the said notice plaintiff claimed total amount of Rs.46,888/- from the
defendant. By the said notice defendant is called upon to make
payment of Rs.46,888/- to the plaintiff.
11. According to the plaintiff, he dispatched finished goods on
03.09.2015 amounting to Rs.36,888/-. The suit is filed on 14.06.2018.
In this way suit is filed within three years from the sell of the said
goods. Hence, suit is filed within law of limitation.
12. There is nothing on record to disbelieve the contention of
the plaintiff that he sold goods to the defendant and defendant brought
the said goods in Mumbai and he dispatched the said goods from
Mumbai to the defendant.
13. The plaintiff has claimed interest @ 18% p.a. on the said
principal amount of the goods. There is no documents on record to
show that there was agreement between the parties and defendant
agreed to pay the said amount with interest @ 18% p.a.
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14. Perused Section 34 of the Code of Civil Procedure. It states
where and in so far as a decree is for the payment of money, the Court
may, in the decree, order interest at such rate as the Court deems
reasonable to be paid on the principal sum adjudged, from the date of
the suit to the date of the decree, in addition to any interest adjudged
on such principal sum for any period prior to the institution of the suit,
with further interest at such rate not exceeding six percent per annum,
as the Court deems reasonable on such principal sum, from the date of
the decree to the date of payment, or to such earlier date as the Court
thinks fit;
15. Therefore, I am of the opinion that plaintiff is entitled to
recover the said amount alongwith interest @ 9% p.a. from the date of
sell i.e. from 03.09.2015 on the principal amount of Rs.36,888/- as
prayed for. Hence, I proceed to pass the following order.
ORDER
The suit is decreed with costs as under :
1. The Defendant is hereby directed to pay to the plaintiff amount
of Rs. 36,888/- (Thirty Six Thousand Eight Hundred Eighty Eight
Only) alongwith with interest at the rate of 9 % per annum from
the date of Sale i.e. 03/09/2015 till it's full realisation.
2. Decree be drawn-up accordingly.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 03/03/2020 City Civil Court, Gr. MUMBAI
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Dictated on : 03/03/2020
Transcribed on : 12/03/2020
Checked on : 21/03/2020
Due to Covid-19 lockdown, the
Court was not functioning and
therefore Signed on: 12/06/2020
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
Due to Covid-19 lockdown, the
Court was not functioning and
therefore upload on
13.06.2020 at 02.10 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 03.03.2020
Judgment/order signed by P.O. on 12.06.2020
Judgment/order uploaded on 13.06.2020
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