Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Suit No. 914 of 2018
Received on : 20.06.2018
Registered on: 01.09.2018
Decided on : 30.09.2019
Duration : Y M D
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.914 OF 2018
CNR NO.: MHCC010073562018
M/s. Prompt Data Products Pvt. Ltd.
Having its office at C/6, NandJyot
Industrial Estate, Kurla Andheri Road,
Safed Pool, Mumbai – 400 072.
Through its authorized representative
Mr. Rajender Bamane ...Plaintiff
Versus
1. M/s. Micromate Computers,
Office Nos. 1 & 2, Shahpuri Complex,
R.S. No. 590, Ground Floor,
Vyapari Peth, Shahpuri,
Kolhapur – 416001.
2. Mr. Shailesh Latkar, Age 50 years,
Proprietor M/s. Micromate Computers
Office Nos. 1 & 2, Shahpuri Complex,
R.S. No. 590, Ground Floor,
Vyapari Peth, Shahpuri,
Kolhapur 416001 ….Defendants
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2 Suit No. 914 of 2018
Appearances:
Adv. Prashant Jadhav along with Amo Suryawanshi for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 30TH SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.13,74,798/(Rupees Thirteen
Lacs Seventy Four Thousand Seven Hundred and Ninety Eight only).
2. Plaintiff case in nut shell is that pursuant to the order of
defendant plaintiff sold, supplied and delivered goods to defendant. The
various invoices of Rs.12,81,800/ was raised and defendant has paid
Rs.2,50,000/. The defendant has refused to pay the balance amount
and is in default of Rs.13,74,798/(Rupees Thirteen Lacs Seventy Four
Thousand Seven Hundred and Ninety Eight only). Hence this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that he
has supplied goods to defendants?
Yes
2. Whether plaintiff proves that
amount of Rs.13,74,798/(Rupees
Thirteen Lacs Seventy Four
Thousand Seven Hundred and
Ninety Eight only) is due and
Yes
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3 Suit No. 914 of 2018
recoverable from defendants?
3. Whether plaintiff is entitled for
recovery of Rs.13,74,798/
(Rupees Thirteen Lacs Seventy
Four Thousand Seven Hundred
and Ninety Eight only) with
interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Rajendra Bamane, authorized person
vide Exh.5 and filed Purchase Order Exhibit 7, Tax Invoice Exhibit 8,
Cheque Exhibit 9, Advocate's Notice Exhibit 10 and copy of Board
Resolution Exhibit 12.
6. Perused the written notes of argument Exhibit 13 filed by
Advocate for plaintiff and heard Learned Counsel for plaintiff.
7. The affidavit is supported by documents. The Purchase Order
Exhibit 7, Tax Invoice Exhibit 8, Cheque Exhibit 9, Advocate's Notice
Exhibit 10 and copy of Board Resolution Exhibit 12 shows that pursuant
to the order of defendant plaintiff sold, supplied and delivered goods to
defendant. The various invoices of Rs.12,81,800/ was raised and
defendant has paid Rs.2,50,000/. The defendant has refused to pay the
balance amount and is in default of Rs.13,74,798/(Rupees Thirteen
Lacs Seventy Four Thousand Seven Hundred and Ninety Eight only). As
far as rate of interest is concerned plaintiff has prayed for rate of 15%
p.a. The relationship between plaintiff and defendant is contractual
relationship and therefore this rate of interest can be granted. Further
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4 Suit No. 914 of 2018
defendant no. 1 is a Proprietary Firm of defendant no. 2. The
Proprietary Firm has no separate existence and defendant no. 2 is liable
for all its activity. In this case, defendant no. 2 alone will be liable for
payment of decretal amount. Therefore, point Nos.1 to 3 is answer as
'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant No. 2 do pay to the plaintiff the amount of Rs.
Rs.13,74,798/(Rupees Thirteen Lacs Seventy Four
Thousand Seven Hundred and Ninety Eight only) with
interest @ 15% p.a. from the date of filing of the suit till
full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 30/09/2019 City Civil Court,
Gr. Bombay
Dictated on : 30/09/2019
Transcribed on : 30/09/2019
Signed on : 01/10/2019
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5 Suit No. 914 of 2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/10/2019 1.04 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Shri. M.S.Lone
(C.R.NO.28)
Date of Pronouncement of
Judgment/Order.
30/09/2019
Judgment/order signed by P.O on 01/10/2019
Judgment/order uploaded on 03/10/2019
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