Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment in Commercial Suit No. 694/2021
Lodged on : 21.06.2018
Admitted on : 20.07.2018
Decided on : 20.08.2022
Duration : Y M D
4 1 30
COMMERCIAL SUIT NO. 694 OF 2021
CNR NO. : MHCC010074402018
Exh.18
M/s. Trishala Steel Engineering Co.
A Proprietary firm, having office at
17/A Kantibhavan, 1st Parsiwada Lane,
Mumbai – 400 004 through its
Proprietor Mr. Ravindra P. Angara ...Plaintiff
Versus
1. Concept Conveyors Pvt. Ltd.
A company incorporated under the
Companies Act, 1956 having its
registered office at Gat No. 185/1,
Mouje Agar, Dattanagar, Taluka
Shirol, Jaysingpur, Kolhapur 416 120.
2. Mr. Raju Sasane
Director, Concept Conveyors Pvt. Ltd.,
Aged – not known, Occ – Business,
Having address at P.N. 30, Jijamata
Hsg. Society, Sangli – 416 416.
3. Mr. Sunil Patil
Director, Concept Conveyors Pvt. Ltd.,
Aged – not known, Occ – Business,
Having address at Plot No. 31,
Kachare Hsg. Soc., A.P. Jaysingpur,
Tal – Shirol, Kolhapur – 416 101. ...Defendants
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2 Judgment in Commercial Suit No. 694/2021
Appearance:
Adv. Mr. Aviraj Tarar for the Plaintiff.
Defendants exparte.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 20th AUGUST 2022
J U D G M E N T
(Delivered on : 20.08.2022)
The plaintiff has filed the suit for recovery of the amount of
Rs.7,17,595/ from the defendants.
The brief facts of the plaintiff's case is as under:
2. The plaintiff is a proprietary firm of Mr. Ravindra P.
Angara, doing business as mentioned in the title clause. The plaintiff is
in business of stockiest and trading of ferrous and non ferrous metals.
The defendant is a Limited Company carrying on its business as
mentioned in the plaint. The other defendants are the Directors of the
defendant no. 1 Company. In May, 2015 one Mr. Ganesh Ponkshe from
Roquette Riddhi Siddhi Pvt. Ltd. informed to the plaintiff that the
defendant is in need of certain steel goods. The defendant nos. 2 and 3
approached the plaintiff and placed oral purchase order for S.S. loose
screw flight. Thereafter, the plaintiff sold and delivered the goods to the
defendants and raised necessary invoices being Invoice No. 03 dated
23.05.2015 for sum of Rs.4,20,259/. As per the understanding between
the parties, the defendants were supposed to make payments within 30
days from the date of receipt of goods and in case of delay, the
defendants are liable to pay interest at the rate of 24% per annum. The
goods were transported through ACPL Cargo and on 26.05.2015 the
defendants received the goods and put their stamp and sign on the
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3 Judgment in Commercial Suit No. 694/2021
transport challan. The goods were duly received by the defendants and
defendants never raised any objection regarding quantity, quality and
the rates of the same. The plaintiff from time to time requested the
defendants to pay the outstanding amount, but the defendants failed to
make repayment. Therefore, the plaintiff through his Advocate sent
legal notice to the defendants on 04.01.2017 and called upon them to
make payment of outstanding amount. The said notice was duly served
to the defendants. The said notice was replied by the defendants
through Advocate. According to the plaintiff, an amount of
Rs.4,20,259/ towards principal amount and Rs.2,97,336/ towards
interest at the rate of 24% per annum till 10.06.2018 i.e. total
amounting to Rs.7,17,595/ is outstanding from the defendants. Hence,
the plaintiff has filed the present suit and prayed that the defendants be
directed to pay the plaintiff a sum of Rs. 7,17,595/ along with interest
at the rate of 24% per annum.
3. The suit summons was duly served to the defendant nos. 1
and 2. The defendant no. 2 refused to accept the said Writ of Summons.
Therefore, the suit was proceeded exparte against the defendant nos. 1
and 2 on 05.07.2019.
4. The defendants have filed the Chamber Summons and it
was allowed on 19.10.2019 for delay caused to defendants to file
appearance subject to cost of Rs.1,000/ and the defendants were
directed to make payment of costs and his Vakalatnama shall be taken
on record. However, the defendants failed to comply the said order.
Therefore, as per order dated 31.01.2020, the suit was proceeded
further without the appearance of the defendants.
5. From the above facts and circumstances, following points
arise for my determination and I have recorded my finding against each
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4 Judgment in Commercial Suit No. 694/2021
of them with the reasons to follows:
POINTS FINDING
1) Whether plaintiff proves that the
total amount of Rs.7,17,595/ is
outstanding from the defendants?
In the affirmative.
2) Whether plaintiff is entitled to
recover an amount of Rs.7,17,595/
from the defendants. If yes, at what
rate of interest?
In the affirmative.
Interest at the rate of Rs.12% per
annum on the principal amount of
Rs. 4,20,259/
3) What order and decree? Suit is decreed with costs.
R E A S O N S
6. In support of the pleading, the plaintiff namely Ravindra
Angara is examined at Exh.2. The plaintiff also placed on record the
documentary evidence i.e. the copy of ROC details at Exh.4, office copy
of Invoice at Exh.5, Original Transport Receipt at Exh.6, Office copy of
Demand Notice at Exh.7, Original Postal Receipts at Exh.8, Two original
acknowledgment cards at Exh.9 colly, original reply at Exh.11, office
copy of rejoinder of the plaintiff at Exh.12, Postal Receipt at Exh.13 and
email dated 27.01.2017 at Exh.15, original Certificate under Section
65/B of Evidence Act at Exh.16. The evidence closure pursis of the
plaintiff is at Exh.17.
7. Heard Learned Advocate Mr. Aviraj Tarar for the plaintiff at
length.
As to point nos. 1 to 3
8. It is the case of the plaintiff that on the request of the
defendants, the plaintiff sold and delivered the goods to the defendants
and raised necessary Invoice No. 3 for the sum of Rs.4,20,259/. The
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defendants have purchased the said goods from plaintiff. The said goods
were transported through ACPL Cargo and defendants received the said
goods. According to the plaintiff, the defendants failed to make
repayment of the said amount. Therefore, the demand notice was issued
to the defendants. Therefore, the plaintiff prayed that he be entitled to
recover an amount of Rs.4,20,259/ together with interest from the
defendants i.e. total amount of Rs.7,17,595/. At the outset, it is to be
noted that the suit is not contested by the defendants. The defendants
have not filed any Written Statement on record. The defendants have
not denied or disputed about the averment made by the plaintiff in the
plaint. Therefore, inference can be drawn that the defendants have
deemed to have admitted the averment made in the plaint.
9. According to the plaintiff, it sold and delivered the goods to
the defendants on 23.05.2015. The goods were delivered on 26.05.2015
with credit days of 30 days from the date of receipt of the goods.
Admittedly, the suit was filed by the plaintiff on 21.06.2018. If the
aforesaid period is calculated, it can be said that the suit filed by the
plaintiff is within limitation.
10. In support of the pleading, the plaintiff namely Ravindra
Angara is examined at Exh.2. He has reiterated the contents of the
plaint in his affidavit of examination in chief. According to this witness,
on the request of the defendants, the plaintiff has sold and delivered the
goods to the defendant no. 1 for the sum of Rs.4,20,259/. As per the
terms and conditions, the defendants agreed to make payment within
30 days. Inspite of various reminders, the defendants did not pay the
invoice amount. Therefore, the plaintiff was constrained to send legal
notice to the defendants by RPAD to pay the outstanding amount.
According to this witness, the total amount of Rs. 7,17,595/ is
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6 Judgment in Commercial Suit No. 694/2021
outstanding from the defendants.
11. The aforesaid oral evidence of the plaintiff is not
challenged by the defendants. The defendants failed to take cross
examination of the plaintiff. Therefore, the evidence tendered by the
plaintiff is remained unchallenged. The oral evidence of the plaintiff is
also supported by documentary evidence at Exh.4 to 16. The copy of
invoice dated 23.05.2015 at Exh.5 shows that the goods were delivered
to the defendants and raised necessary invoices for the sum of
Rs.4,20,259/. Transport Receipt at Exh.6 also shows that the said
goods were delivered to the defendants. The defendants never raised
any objection regarding quality, quantity and rates of the goods. The
copy of invoice also shows that the goods worth Rs.4,20,259/ were
supplied by the plaintiff to the defendants. The copy of notice at Exh.7
shows that the plaintiff issued demand notice to the defendants calling
upon them to pay the outstanding amount. The copy of said notice was
duly served to the defendants as per acknowledgment receipt at Exh.9.
Again notice was sent to the defendants as per Exh.12, but no reply was
sent to the said notice.
12. The oral and documentary evidence tendered by the
plaintiff was not challenged by the defendants. Therefore, I have no
reason to disbelieve the version of the plaintiff. In short, the plaintiff by
leading oral and documentary evidence sufficiently established that the
amount of Rs. 7,17,595/ is outstanding from the defendants. Hence,
the plaintiff is entitled to recover the said amount from the defendants.
13. So far as interest rate is concerned, the plaintiffs have
claimed interest at the rate of 24% per annum.. Said interest is
exorbitant and the Court can exercise discretion while granting further
interest. Interest at the rate of 12% per annum would be just and proper
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considering commercial nature of transaction. Costs of the suit is liable
to be imposed on the defendants. In the light of above discussion, I
record my finding as to points nos. 1 in the affirmative and point no. 2
accordingly. Hence, I pass the following order:
ORDER
1) Commercial Suit No. 694 of 2021 is decreed with costs.
2) The defendants are directed to jointly and severally pay
to the plaintiff an amount of Rs.7,17,595/ (Rs. Seven
Lakh Seventeen Thousand Five Hundred and Ninety
Five Only) with further interest at the rate of 12% per
annum on the principal amount of Rs.4,20,259/ from
the date of filing of the suit till realization.
3) The defendants shall bear the costs of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Dated : 20.08.2022 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 20.08.2022
Typed on : 24.08.2022
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8 Judgment in Commercial Suit No. 694/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24.08.2022 3.15 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
20.08.2022
Judgment/order signed by P.O on 24.08.2022
Judgment/order uploaded on 24.08.2022
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