Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Summary Suit No.72/2025
MHCC010071562019 Presented on : 10/07/19
Registered on : 31/08/19
Decided on : 09/01/26
Duration : 06 Y : 05 M : 30 D
Exhibit : 22
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
COMMERCIAL SUMMARY SUIT NO.72 OF 2025
CHAMADIA AGENCY LLP,
A LIMITED LIABILITY PARTNERSHIP REGISTERED
UNDER THE PROVISIONS OF LIMITED LIABILITY
PARTNERSHIP ACT, 2008 HAVING ITS REGISTERED
OFFICE AT PLOT NO.16/A, CTS - 1194/15-16-17,
SHOP NO.2, SHIVAJINAGAR, PUNE-411 005,
MAHARASHTRA AND ALSO HAS ITS OFFICE AT
CHAMADIA AGENCY LLP C/O ROHIT MAMJI NISAR
PRABHAT APARTMENT, GODOWN NO.1 A, GROUND
FLOOR, CTS NO.4/124, GUNPOWDER ROAD,
MAZGAON MUMBAI- 400 010.
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Versus
1. FASTSPEED MULTI TRADING AND SERVICES
PVT. LTD.
A PRIVATE LIMITED COMPANY REGISTERED
UNDER THE PROVISIONS OF COMPANIES ACT,
2013 HAVING ITS REGISTERED OFFICE AT 602
B-67, MORESHWAR SHANTI NAGAR, CHS LTD.
SECTOR-1, SHANTI NAGAR, MIRA ROAD EAST,
THANE 401107.
And administrative office at
MUMBAI LOCAL MINT MART, SHOP NO.9,
KOHINOOR CORNER BUILDING, VEER
SAVARKAR MARG, PRABHADEVI, MUMBAI-400
025.
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..2.. Commercial Summary Suit No.72/2025
2.
3.
RIZWAN AHMEED SIDDIQUI ADULT,
INDIAN INHABITANT, OCC: BUSINESS
DIRECTOR IN FASTSPEED MULTI TRADING AND
SERVICES PVT. LIMITED R/AT, 301, PLOT 11,
NEELKANTH APARTMENT, S.S. NO. 517, NAYA
NAGAR, MIRA ROAD, BHAYANDER MIRA ROAD,
THANE- 401107.
TASNEEM RASHID SAYYED ADULT,
INDIAN INHABITANT, OCC: BUSINESS
DIRECTOR IN FASTSPEED MULTI TRADING AND
SERVICES PVT. LIMITED R/AT, T81,
MAKHDUMAIYA NAGAR, DARYASARANG
ZOPADPATI, KHAND 4, MAHIM (WEST),
MUMBAI- 400 016.
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Appearance :-
Ld. Adv. Atharva Hadawale i/b Dhanuka and Partners for plaintiff.
None for defendants.
(Ex-parte)
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.32.
DATE : 09/01/2026.
J U D G M E N T
1) This commercial summary suit is filed for recovery of amount.
2) The facts in brief are as under -
Defendant had purchased goods from the plaintiff on credit.
Accordingly on supply of goods plaintiff raised various invoices dated
31/05/2018 of Rs.2,93,990/- GST/CA-MG/5564, 01/06/2018 of
Rs.1,04,759/- GST/CA-MG/5656, 04/06/2018 of Rs.81,479/- GST/CA-
MG/5933 and dated 04/06/2018 of Rs.1,04,759/- GST/CA/MG/5934 .
The material delivered to defendants was worth Rs.5,84,987/-.
Defendant No.1 had issued cheque bearing No. 020828 for the amount
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..3.. Commercial Summary Suit No.72/2025
of Rs.5,84,987/- in favour of plaintiff for payment of the amount.
However, it got dishonored for the reasons fund insufficient. Thereafter,
plaintiff issued the demand notice on 29.09.2018. However, defendant
did not make the payment. Amount of Rs.6,49,228/- is due from the
defendant alongwith interest. Hence, the Suit for recovery of amount.
3) The writ of summons was served upon the defendants.
Defendants did not appear. Hence, matter proceeded ex-parte against
the defendants.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons as under :
Sr.
No.
POINTS DECISIONS
1. Whether the plaintiff is entitled for recovery
of sum of Rs.6,49,228/- with interest @ 18%
P.A. ? ...Partly Yes
2. What order and decree? ...As per final order.
R E A S O N S
5) Plaintiff's witness Mr. Govind Agarwal has filed evidence affidavit
at Exhibit-11. Plaintiff has relied upon documentary evidence produced
at Exh-14 to 20.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Govind Agarwal has deposed that, Defendant had
purchased goods from the plaintiff on credit. Accordingly on supply of
goods plaintiff raised various invoices dated 31/05/2018 of
Rs.2,93,990/- GST/CA-MG/5564, 01/06/2018 of Rs.1,04,759/-
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..4.. Commercial Summary Suit No.72/2025
GST/CA-MG/5656, 04/06/2018 of Rs.81,479/- GST/CA-MG/5933 and
dated 04/06/2018 of Rs.1,04,759/- GST/CA/MG/5934 . The material
delivered to defendants was worth Rs.5,84,987/-. Defendant No.1 had
issued cheque bearing No. 020828 for the amount of Rs.5,84,987/- in
favour of plaintiff for payment of the amount. However, it got
dishonored for the reasons fund insufficient. Thereafter, plaintiff issued
the demand notice on 29.09.2018. However, defendant did not make
the payment. Amount of Rs.6,49,228/- is due from the defendant
alongwith interest.
7) On perusal of documents produced by the plaintiff it is evident
that plaintiff had supplied goods to the defendant and raised various
invoices for amount of Rs.5,84,987/-. Defendant had issued cheque in
favour of plaintiff which got dishonored for the reason fund insufficient
(Exhibit-16). As per the evidence of plaintiff. Defendant has not
appeared and contested the suit. Therefore, the evidence of plaintiff
has remained unchallenged. Plaintiff has claimed interest @ 18% P.A.
on principal amount of Rs.5,84,987/-. However, plaintiff has not
produced any documents to show that defendant agreed to pay interest
@ 18% P.A. The invoices filed by the plaintiff do not mention the
interest @ 18% P.A. Therefore, in my view interest claimed by the
plaintiff seen to be excessive. In present case, interest @ 10% P.A will
meet the ends of justice. Hence, while answering point No.1 in partly
affirmative, I pass the following order.
ORDER
1. Commercial Summary Suit No.72 of 2025 is partly
decreed with costs.
2. Defendants shall jointly and severally pay amount of
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..5.. Commercial Summary Suit No.72/2025
Rs.5,84,987/- (Rupees Five Lakh Eighty Four
Thousand Nine Hundred Eighty Seven Only) to
plaintiff with interest at the rate of 10% p.a. from
29.09.2018 till realization of the amount.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.32
Dated : 09/01/2026
Dictated and typed on : 09/01/2026.
Signed by HHJ on : 09/01/2026.
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..6.. Commercial Summary Suit No.72/2025
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mahesh S. Lugade
Name of Stenographer09/01/26 5.30 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
09/01/26
JUDGMENT / ORDER signed by
P.O. on
09/01/26
JUDGMENT / ORDER uploaded on 09/01/26
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