Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. S. C. Suit No.2052/2019
MHCC010074942019 Presented on : 08/06/2018
Registered on : 16/07/2019
Decided on : 20/09/2024
Duration : 06Y 03M 13D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT NO.15
S. C. SUIT NO.2052 OF 2019
(CNR NO.MHCC01-007494-2019)
1. MANISHA KULKARNI,
an adult Indian Inhabitant, carrying on their
business at 139, Bhansali Building, Opposite
Paranjpe Motiwala, J.S.S. Road, Mumbai-400 004.
2. SANCHITA KULKARNI,
an adult Indian Inhabitant, carrying on their
business at 139, Bhansali Building, Opposite
Paranjpe Motiwala, J. S. S. Road,
Mumbai – 400 004.
]
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] ...Plaintiffs
Versus
RAMKRISHNA MED AGENCY
having their address at Anant Tirth Society, Par Naka,
Opp. Shankar Mandir, Kalyan (West) – 421 301.
]
]
] ..Defendant
Appearance :-
Learned Advocate Rudra Madhusudan Dani instructed by Shukla and
Associates for plaintiffs.
None for defendant.
(Ex-parte)
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 20/09/2024.
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J U D G M E N T
1 This summary suit is filed for recovery of amount,
contending that the plaintiffs are partners carrying their business in the
name and style M/s. M. K. Distributor, a partnership firm. Plaintiffs are
Super Stockist and into Ayurvedic medicines
(hereinafter referred to as
“the goods”). Defendant is a distributor of Ayurvedic products. In
pursuant to the orders placed by defendant, plaintiffs have sold,
supplied and delivered goods to the defendant and have raised invoice
worth Rs.33,035/-. The defendant received the goods supplied and did
not at no point of time raise any grievance or dispute with regards to
the quality of the goods. It is the contention of plaintiff that on
September-2018, defendant had an outstanding amount of Rs.32,263/-
at the foot of the account. Thus, the amount of Rs.32,263/- is balance
and recoverable from defendant. It is contended that plaintiffs have
issued a notice through their advocate on 22/09/2018, calling upon
the defendant to pay the amount of Rs.32,263/- under invoice, but in
vain. Having failure on the part of defendant to pay the amount of
Rs.32,263/-, plaintiffs have filed this suit for recovery of amount and
calculated its claim applying interest at the rate of 24% per annum
from 18/06/2019 till payment/realization.
2 As per the writ of summons, defendant has refused the
summons which was served upon it through Registered Post A.D., and
has failed to appear before the Court. Hence, suit is proceeded ex-parte
against defendant as per the order in roznama dated 17/07/2023.
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..3.. S. C. Suit No.2052/2019
3 Having regard to the contentions of plaintiffs, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Do plaintiffs prove that the defendant is
in due of amount of Rs.32,263/- ?
Affirmative
2 Do plaintiffs prove that they are entitled
to charge interest as prayed for ?
Partly Affirmative
3 Are plaintiffs entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, plaintiff entered
the witness box and relied upon various documents (Exhibit-07 to 13)
under list (Exhibit-06). Heard learned advocate for plaintiff.
As to Point Nos.1 to 3 :
5 The evidence of plaintiff remain unchallenged. The record
discloses that the plaintiff has filed invoice (Exhibit-08) of Rs.33,035/-
alongwith transport receipt (Exhibit-09). Plaintiff has also filed notice
to defendant to produce consignee copy (Exhibit-10) alongwith notice
to transporter to produce transport’s copy (Exhibit-11), copy of bank
statement (Exhibit-12) and advocate notice dated 22/09/2018
(Exhibit-13). During the course of argument, the learned advocate for
plaintiffs submitted that though the invoice is raised for Rs.33,035/-,
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..4.. S. C. Suit No.2052/2019
defendant has paid an amount of Rs.772/-, hence, amount of
Rs.32,263/- is due and recoverable from defendant. Inconsequence of
failure to respond to the legal notice and to pay the amount
demanded, it appears that the plaintiff has established its claim for
recovery of amount of remaining amount of Rs.32,263/-.
6 The absence and omission on the part of the defendant to
appear before the Court and to raise defence shows that the defendant
has no good defence to challenge the claim of plaintiffs, hence, they
are entitled for decree of amount of Rs.32,263/- under the invoice.
7 So far as interest is concerned, the plaintiffs are claiming
interest at the rate of 24% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiffs have suffered loss in business and profit, due to failure to
repay the amount by the defendant. Had it been paid to the plaintiffs
as per demand, they would have invested and would have earned
profit therefrom. Therefore, I am of the view that the plaintiffs are
entitled for interest at the rate of 9% per annum from date of default
i.e. 22/09/2018, till its full realisation. Consequently, I answer Point
Nos.1 in Affirmative and Point Nos.2 and 3 in Partly Affirmative.
8 As the defendant has made plaintiffs constrained to file
the suit, it is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. S. C. Suit No.2052 of 2019, is hereby partly decreed
with costs.
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..5.. S. C. Suit No.2052/2019
2. Plaintiffs are entitled to recover the amount of
Rs.32,263/- alongwith interest at the rate of 9% per
annum from 22/09/2018, till its full realisation from
the defendant.
3. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 20/09/2024.
Dictated and typed on : 20/09/2024.
Draft checked on : 21/09/2024.
Signed by HHJ on : 21/09/2024.
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“Certified to be true and correct copy of the original signed order”.
24/09/2024
at about 1.50 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 20/09/2024
Order signed by Hon'ble Judge on : 21/09/2024
Order uploaded on : 24/09/2024
at about 1.50 p.m.
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