Final Order 1

Order Details: Ex-parte Judgement
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MHCC010073712018
Presented on : 27/04/2018
Registered on : 19/06/2018
Decided on : 05/04/2022
Duration : Y M D
03 11 22
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO. 680 OF 2021
(SUMMARY SUIT NO.635 OF 2018) Ex.05
Refinitiv India Pvt.Ltd.
Thomson Reuters India Pvt. Ltd.
A company incorporated under the
provisions of the Companies Act, 1956
And having its Corporate office at
12th Floor, Tower 1C, One India Bulls
Centre, Senapati Bapat Marg,
Elphinstone Road, Lower Parel,
Mumbai 400013, Maharashtra, India ..Plaintiff
(Amended as per order
dated 24/02/2020)
VERSUS
Pushpak Bullions Private Limited
A company incorporated under the
Provisions of the Companies Act, 1956
Having its registered office at S F/3
Abhishek Complex, Above Girish Cold
Drinks, C.G.Road, Ahmedabad Gujrat
India 380006 and another office at
No.6, Thakkar Niwas, No.93,
Bhuleshwar Road, Mumbai400 002. ..Defendant
Ld. Advocate Charusheela More for plaintiff.
Ld.Adv.Aishwarya Teli i/b P.D.Jain for defendant.
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ORAL ORDER
(05th day of April 2022)
Suit is for recovery of an amount of Rs.15,88,364/
alongwith future interest at the rate of 18% p.a. from the date of filing
of suit till it's realization.
Briefly stated, plaintiff's case, is as under:
2. Plaintiff company is engaged in the business of providing
information and information technology based business solutions and is
a part of the Reuters Group. Defendant is a private limited company.
By a 'Reuters Services Contract' dated 24/12/1999, defendant
subscribed to certain services provided by plaintiff. Plaintiff and
defendant entered into an order form dated 24/12/1999. The services
ordered by defendant are also mentioned in the Order form dated
31/08/2009. For availing the services rendered by plaintiff, defendant
agreed to pay aggregate sum of 1658 USD per month, at the then
prevailing exchange rates. In November 2009, defendant subscribed to
an additional services 'Connect 3000 Xtra ADD', for USD 108.
Defendant agreed to abide by the terms and conditions of the
agreement. Defendant availed the services given by plaintiff and made
payment of invoices raised by plaintiff till March 2015. However,
defendant failed to make the payment of invoices raised by plaintiff
from April 2015 to October 2015.
3. As per 'Reuters Services Contract' dated 24/12/1999, Order
form dated 31/08/2009 and Order form dated 03/03/2010, defendant
agreed to adhere to the 12 months notice period for the termination of
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services. Defendant used the services rendered by plaintiff without any
protest. However, defendant failed to make the payment of the invoices
from April 2015 to October 2015. By email dated 27/11/2015 and
03/12/2015, plaintiff called upon defendant to make the payment of
the outstanding invoices. But, defendant failed to make the payment of
outstanding amount of Rs.10,96,142.44/. As per the terms of the
contract, defendant is also liable to pay interest at the rate of 18% p.a.
Plaintiff issued notice dated 04/07/2016 through advocate and asked
for the outstanding amount. But, defendant failed to make the payment
of outstanding amount. Hence, this suit is filed u/o.37 Rule 2 of C.P.C.
4. After service of summons, defendant appeared within
stipulated period. Thereafter, plaintiff applied for summons for
judgment. After service of summons for judgment, defendant filed
reply affidavit and prayed for unconditional leave to defend the suit. By
an order dated 03/09/2021, Summons for Judgment No.267/2018 was
disposed of directing defendant to deposit an amount of Rs.10 lacs
within a period of 12 weeks from the date of order. However, defendant
failed to comply order dated 03/09/2021. Therefore, as per order
dated 16/03/2022, suit proceeded exparte.
4. Heard Ld. advocate for plaintiff.
5. Following points arise for determination, findings thereon
for the reasons to follow are as under:
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Sr. No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.15,88,364/ is
outstanding against defendant?
Proved
2. What order? Suit is decreed as per
final order.
REASONS
Point No.1
7. Summary suit is filed u/o.37 Rule 2 of C.P.C. In support
suit claim, plaintiff has filed claim affidavit of PW1 Yogesh Gadkari
(Ex.3)and documents below list Ex.4.
8. PW1 Yogesh Gadkari reiterated all the facts pleaded in the
plaint. Documents filed on record show that by virtue of Reuters
Services Contract dated 24/12/1999, order dated 31/08/2009 and
03/03/2010, defendant subscribed to certain services provided by
plaintiff. The email correspondence on record shows that plaintiff
raised invoices. All the invoices were served to defendant through e
mail. The email correspondence further shows that plaintiff made
demand of outstanding amount against defendant. But, defendant
failed to pay the same. Defendant failed to make the payment,
therefore, plaintiff sent notice dated 04/07/2016 asking defendant to
make the payment of outstanding amount.
9. Plaintiff's claim for outstanding amount of invoices is well
supported by documents filed on record. As per order in Summons for
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Judgment, leave to defend the suit was granted to defendant subject to
payment of an amount of Rs.10 lacs. But, defendant failed to comply
said order. The principal amount towards the invoices outstanding
against defendant was Rs.10,96,142.44/. As per the terms of contract,
plaintiff is entitled to claim interest at the rate of 18% p.a. Plaintiff has
applied interest @18% p.a. to the principal outstanding amount and by
applying interest @18% p.a. on the principal amount of
Rs.10,96,142.44/, total outstanding amount comes to Rs.15,88,364/.
Plaintiff is entitled for the same. From all above discussion, it is held
that plaintiff has proved that an amount of Rs.15,88,364/ is
outstanding against defendant. Point No.1 is answered accordingly.
10. Plaintiff has claimed interest @ 18% p.a. from the date of
filing suit till it's realization. As per the terms of the Order Form and
nature of transaction, plaintiff is entitled to interest @ 18% p.a. from
the date of filing suit till it's realization. In the result, following order.
ORDER
1. Commercial Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.15,88,364/ (Rupees Fifteen
Lacs Eighty Eight Thousand Three Hundred and Sixty Four only)
alongwith interest @ 18% p.a. on the principal amount of
Rs.10,96,142.44/ to plaintiff from the date of the suit till it's realization
within two months.
3. Court fees be refunded as per (E) Rules framed under Section
11(2) of the Bombay City Civil Court Act, 1948, for the refund of
Institution Fee.
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3. Decree thus follow.
(S. U. HAKE)
JUDGE,
Dt. 05/04/2022 CITY CIVIL COURT, GR.MUMBAI.
Dictated on : 05/04/2022
Transcribed on : 05/04/2022
Signed on : 05/04/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
05.04.2022 03.30 pm Tanushree C.Kamble
Name of the Judge HHJ Shri S.U.HAKE
(CR No.14)
Date of Pronouncement of
Judgment/Order.
05.04.2022
Judgment/order signed by P.O on 05.04.2022
Judgment/order uploaded on 05.04.2022
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