Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.1449/2018
Received on : 24.06.2018
Registered on : 13.12.2018
Decided on : 25.04.2019
Duration : Y M D
00 10 02
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1449 OF 2018
CNR NO.: MHCC010071342018
Mr. Venkateshwararao Satyanarayana Masaram
Proprietor of M/s. Vishvak Creation and
Shesha Garments
Hindu, Adult, Aged about 40 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
Versus
Shridhar Jeans and Textiles
Having its office situated at
Behind Ponnamma Hotel, Near Shanthi Store,
Doddapet Cross, Kolar – 563101, Karnataka. ...Defendant.
Appearances:
Advocate Mr. Sampanna S. Walavalkar for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 25th APRIL, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
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1. Plaintiff has stated that as per his standard practice, he
dispatched the goods from Mumbai on 16.09.2013, 03.02.2014,
05.10.2015, 05.10.2015, 05.10.2015, and 21.12.2015 through cargo
services situated at Mumbai. The Bills dated 16.09.2013, 03.02.2014,
05.10.2015, 05.10.2015, 05.10.2015 and 21.12.2015, bearing Nos. 72,
109, 213, 214, 215 and 216 respectively was sent in the name of M/s.
Vishvak Creation, along with the finished cargo goods and the cargo
receipt. He has further stated that the Consignor Copies of the cargo
receipts was delivered to him.
2. Plaintiff has further stated that the defendant till date has made
part payment of Rs.1,30,000/ of the total Bill amount of Rs.3,81,346/
towards the account of the defendant with him, leaving the balance of
Rs.2,51,346/, due and payable to him by the defendant. Therefore the
defendant has accepted and acknowledged the total amount due and
payable to him by the defendant. Therefore, Summary suit is
maintainable. Plaintiff has further stated that the said fiscal transaction
is reflected in the Ledger Account of Shridhar Jeans and Textiles in the
computer entry of the Proprietary Concern of him.
3. Plaintiff has further stated that he contacted the defendant
through telephonic medium to call for the payment of the entire
balance amount but availed no response. Thereafter, he sent Legal
Notice dated 02.11.2017 through his Advocate to call upon the
defendant to make the payment of balance amount of Rs.2,51,346/. He
has further stated that the Registered Card is not received back by him
due to some reasons. Plaintiff has further stated that he depends upon
the Tracking Consignment Report of the said item. Plaintiff has further
stated that the defendant has not replied to the said Legal Notice dated
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02.11.2017 till date. Therefore, it implies that the defendant has
accepted his liability to pay to him the sum of Rs.2,51,346/, which is
the balance amount due and payable to him by the defendant.
4. Plaintiff has further stated that he seeks to recover a total sum of
Rs.3,68,216/ comprising of Rs.2,51,346/ as principal amount and
interest @ 18% p.a. amounting to Rs.1,16,870/ from the date of last
payment, 04.11.2015 on the principal amount of Rs.2,51,346/. Plaintiff
has stated that he further seeks interest @ 18% p.a. on the principal
amount of Rs.2,51,346/ or at any other rate which the Court may
deem fit and proper, till realization. Therefore, plaintiff filed this suit.
5. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
6. Heard the Ld. Advocate for the plaintiff.
7. Following points arise for determination and their findings
followed by reasons are as stated below:
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.3,68,216/ from
defendant along with interest @ 18%
p. a. on the principal sum of
Rs.2,51,346/ 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
8. Plaintiff relied upon the following documents as documentary
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evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Original Copy of the Tax Invoices dated 16.09.2013,
03.02.2014, 05.10.2015, 05.10.2015, 05.10.2015 and
21.12.2015, bearing Nos. 72, 109, 213, 214, 215 and
216
2. Exh.8 Original copy of Cargo Consignor receipts of V.R.L.
Logistic Ltd.
3. Exh.9 Computer Copy of Ledger Account of Shridhar Jeans and
Textiles
4. Exh.10 Copy of Bank Statement of HDFC Bank sealed and
signed by Bank Authority
5. Exh.11 Office copy of the said Legal Notice dated 02.11.2017
6. Exh.12 Original receipt of R.P.A.D. service.
AS TO POINT NOS. 1 AND 2:
9. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.5 and stated that then the as per his order, standard practice
he dispatched the goods from Mumbai on 16.09.2013, 03.02.2014,
05.10.2015, 05.10.2015, 05.10.2015, and 21.12.2015 through cargo
services V.R.L. Logistics Ltd. situated at Mumbai. The Tax Invoices
dated 16.09.2013, 03.02.2014, 05.10.2015, 05.10.2015, 05.10.2015
and 21.12.2015, bearing Nos. 72, 109, 213, 214, 215 and 216 was sent
in the name of M/s. Vishvak Creation, along with the finished goods
and the cargo receipt. He has further stated that the Consignor Copy of
the cargo receipt was delivered to him by the cargo service.
10. Plaintiff has further stated that the defendant till date has made
part payment of Rs.1,30,000/ out of the total Bill amount of
Rs.3,81,346/ towards amount due from the defendant to him, leaving
the balance of Rs.2,51,346/, due and payable to him by the defendant.
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He has further stated that therefore, suit is maintainable. Plaintiff has
further stated that the said fiscal transaction is reflected in the Ledger
Account of Shridhar Jeans and Textiles in the computer entry of his
Proprietary Concern.
11. Plaintiff has further stated that he had contacted the defendant
through telephonic medium calling upon payment of the entire balance
amount, but there was no response from the defendant. Thereafter, he
sent Legal Notice dated 02.11.2017 through his Advocate calling upon
the defendant to make the payment of entire balance amount of
Rs.2,51,346/.
12. Plaintiff has adduced original copies of Tax invoices, original
cargo Consignor receipts, Ledger Account, Bank Statement, Office copy
of Legal Notice and Receipt of R.P.A.D. on record as documentary
evidence. The oral evidence of plaintiff is corroborated by documentary
evidence. Defendant has failed to challenge all the allegations in the
plaint and evidence of plaintiff. Therefore, plaintiff has proved that he is
entitled to get sum of Rs.3,68,216/ from defendant.
13. 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.2,51,346/ 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 amount of Rs.3,68,216/ to plaintiff
along with interest @ 9% p.a. on the principal sum of Rs.2,51,346/
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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: 25.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 25.04.2019
Transcribed on : 25.04.2019
Signed on : 25.04.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.05.2019 At 3:04 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
25.04.2019
Judgment/Order signed by P.O. on 25.04.2019
Judgment/Order uploaded on 20.05.2019
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