Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.855/2018
Received on : 20.06.2018
Registered on : 16.08.2018
Decided on : 03.05.2019
Duration : Y M D
00 10 14
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 855 OF 2018
CNR NO.: MHCC010073802018
Jeevandeep Edumedia Pvt. Ltd
having Reg. Office at
Sun Paradise Business Plaza,
First Floor, Senapati Bapat Marg,
Lower Parel, Mumbai 400 013.
Through its Legal Assistant Manager
Mrs. Tirumala Reddy
Age : 31, Occup : Service ...Plaintiff
Versus
Mrs. Rachna Pandurang Pagare
Principal
Age : not known
KRANTI PUBLIC SCHOOL
Near Ambedkar Chowk,
Lasur Station – 423 702,
Tal.: Gangapur, Dist.: Aurangabad,
Maharashtra. ….Defendant.
Appearances:
Advocate Ms. Ritika Iyer for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that pursuant to defendant verbal and
purchase order from time to time, it sold supplied and delivered to
defendant said goods through Delivery challans from time to time
which were acknowledged by defendant without any protest for quality,
quantity till date. Plaintiff has further stated that in due course of
business it raised Invoices upon defendant vide Invoice bearing
No.T65547 dated 21.06.2016 for the sum of Rs.77,944.00. Plaintiff has
further stated that after lot of persuasion and followup defendant has
failed to make payment, Credit Note was raised upon defendant vide
Credit Note No.R63149 dated 26.09.2016 for the sum of Rs.40,102.00.
After giving due credit for amount of credit note, Debit given as per it
statement of account now a sum of Rs.37,842.00 is due and payable by
defendant to it.
2. Plaintiff has further stated that as per terms and condition as
agreed if defendant failed to make payment on due date then it is
entitled to charge interest @ 18% p.a. from due date till date. Plaintiff
has further stated that now it is to receive from defendant the amount
of Rs.53,311/ alongwith interest upto date. Plaintiff has further stated
that it through their Advocate sent legal Notices dated 22.03.2018
which was posted on 22.03.2018 by Regd. A.D. which was received by
defendant on 26.03.2018 calling upon defendant to make payment of
balance sum of Rs.37,842.00. Therefore, plaintiff filed this suit.
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3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
4. Heard the Ld. Advocate for the plaintiff.
5. 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.53,311/ from
defendant along with interest @ 18%
p. a. on the sum of Rs.37,842/ 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
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Copy of Board Resolution dated 01.01.2018
2. Exh.8 Copy of Board Resolution dated 25.02.2019
3. Exh.9 Xerox copy of Purchase Order dated 14.04.2016
4. Exh.10 Original Lorry Receipt dated 21.06.2016
5. Exh.11 Office copy of Invoice dated 21.06.2016
6. Exh.12 Office copy of Sales Ledger
7. Exh.13 Office copy of Notice dated 22.03.2018
8. Exh.14 Original postal receipt dated 22.03.2018
9. Exh.15 Original A.D. Packet dated 26.03.2018
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has adduced evidence of Mrs. Neha Nachiket Kulkarni
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(P.W.1) in the form of affidavit below Exh.5 and she has stated in her
evidence that pursuant to defendant verbal and purchase order bearing
No.32067 dated 14.04.2016, plaintiff sold supplied and delivered to
defendant said goods through G.S. Transport Corporation, L.R.
No.235601 dated 21.06.2016., respectively which were acknowledged
by defendant without any protest for quality, quantity till date.
8. Mrs. Neha Nachiket Kulkarni (P.W.1) has further stated that in
due course of business plaintiff raised Invoices upon defendant Invoice
bearing No.T65547 dated 21.06.2016 for the sum of Rs.77,944.00. She
has further stated that after lot of persuasion and followup defendant
has failed to make payment, Credit Note was raised upon defendant
vide credit Note No.R63149 dated 26.09.2016 for the sum of
Rs.40,102.00. After giving due credit for amount of credit, Debit given
as per plaintiff statement of account now a sum of Rs.37,842.00 is due
and payable by defendant to plaintiff.
9. Mrs. Neha Nachiket Kulkarni (P.W.1) has further stated that as
per terms and condition as agreed if defendant failed to make payment
on due date i.e. Invoice date then plaintiff is entitled to charge interest
@ 18% p.a. from due date till date. She has further stated that as
defendant failed to make payment of outstanding amount. Therefore
plaintiff through their Advocate sent legal Notices dated 22.03.2018
which was posted on 22.03.2018 by Regd. A.D. which was received by
defendant on 26.03.2018, calling upon them to make payment of
balance sum of Rs.37,842.00. She has further stated that now, a sum of
Rs.53,311/ is due and payable by the defendant to the plaintiff
inclusive of interest upto 15.06.2018 as per the particular of claim.
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10. Plaintiff has produced all the corroborating documents which are
Copy of Board of Resolutions, Copy of Purchase order, Original Lorry
Receipt, Office copy of Invoice, Office copy of Sales Ledger, Office copy
of Notice, Original Postal receipt, Original A.D. Card 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 it is entitled to get sum of Rs.53,311/ from defendant.
11. 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.37,842/ 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 sum of Rs.53,311/ to plaintiff along
with interest @ 9% p.a. on the sum of Rs.37,842/ 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: 03.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.05.2019
Transcribed on : 03.05.2019
Signed on : 03.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.05.2019 At 12:43 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
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 22.05.2019
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