Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.938/2018
Received on : 07.06.2018
Registered on : 04.09.2018
Decided on : 26.06.2019
Duration : Y M D
01 00 20
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 938 OF 2018
CNR NO.: MHCC010068762018
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
Mr. Nandkishore Sinha
Age : Not known
Founder
SUNRISE PUBLIC SCHOOL
Shivaji Nagar Garkheda,
Aurangabad – 431 005.
Maharashtra ...Defendant
Appearances:
Advocate Ms. Hetal Vakil for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 26th JUNE, 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, plaintiff 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.
2. Plaintiff has stated that in due course of business plaintiff raised
Invoice upon defendant vide Invoice bearing No.T52896 dated
08.05.2015 for the sum of Rs.43,665.00.
3. Plaintiff has further stated that after lot of persuasion and
followup defendant failed to make payment, thereafter Credit Note was
raised upon defendant, vide Credit Note No.R51953 dated 19.08.2015
for the sum of Rs.15,345.00, Credit Note No.R54209 dated 16.10.2015
for the sum of Rs.6,203/ in aggregate sum of Rs.21,548.00. After
giving due credit for amount of credit Note, Debit given as per plaintiff
statement of account now a sum of Rs.22,117.00 is due and payable by
defendant to plaintiff.
4. Plaintiff has further stated that as per terms and condition as
agreed if defendant failed to make payment on due date then plaintiff
is entitled to charge interest @ 18% p.a. from due date till date.
Plaintiff has further stated that now plaintiff is to receive from
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defendant the amount of Rs.35,616/ alongwith interest upto date.
5. Plaintiff has further stated that 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 31.03.2018 calling
upon defendant to make payment of balance sum of Rs.22,117.00.
6. Plaintiff has further stated that in the premises aforesaid, a sum
of Rs.35,616/ is due and payable by the defendant to the plaintiff
inclusive of interest upto 31.05.2018 as per the particular of claim.
Therefore, plaintiff filed this suit.
7. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
8. Heard the Ld. Advocate for the plaintiff.
9. 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
sum of Rs.35,616/ from defendant
along with interest @ 18% p. a. on
the sum of Rs.22,117/ 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
10. Plaintiff relied upon the following documents as documentary
evidence which are as under :
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Sr.
No.
Exhibits Particulars
1. Exh.8 Copy of Board Resolution dated 01.01.2018
2. Exh.9 Copy of Board Resolution dated 14.07.2018
3. Exh.10 Xerox Copy of Purchase Order dated 27.04.2015
4. Exh.11 Xerox Copy of Purchase Order dated 27.04.2015
5. Exh.12 Original copy of Lorry receipt dated 07.05.2015
6. Exh.13 Office copy of Invoice dated 08.05.2015
7. Exh.14 Office copy of Sales Ledger dated 01.04.2015 to
31.03.2019
8. Exh.15 Office copy of Notice dated 22.03.2018
9. Exh.16 Original postal receipt dated 22.03.2018
10. Exh.17 Original Return Envelope Packet dated 31.03.2018
AS TO POINT NOS. 1 AND 2:
11. Plaintiff has adduced evidence of Ms. Rutuja Suraj Sarfare
(P.W.1) in the form of affidavit below Exh.5 and she has stated in her
evidence that pursuant to defendant verbal purchase order bearing
No.10529 dated 27.04.2015, bearing No.10536 dated 27.04.2015
plaintiff sold supplied and delivered to defendant said goods through
MAHANAGAR TRANSPORT L.R. No.18607 dated 07.05.2015
respectively which were acknowledged by defendant without any
protest for quality, quantity till date.
12. Ms. Rutuja Suraj Sarfare (P.W.1) has further stated that in due
course of business plaintiff raised Invoice upon defendant Invoice
bearing No.T52896 dated 08.05.2015 for the sum of Rs.43,665.00.
13. Ms. Rutuja Suraj Sarfare (P.W.1) has further stated that after lot
of persuasion and followup defendant failed to make payment,
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thereafter Credit Note was raised upon defendant, vide Credit Note
No.R51953 dated 19.08.2015 for the sum of Rs.15,345.00, Credit Note
No.R54209 dated 16.10.2015 for the sum of Rs.6,203/ in aggregate
sum of Rs.21,548.00. After giving due credit for amount of credit Note,
Debit given as per plaintiff statement of account now a sum of
Rs.22,117.00 is due and payable by defendant to plaintiff.
14. Ms. Rutuja Suraj Sarfare (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 and 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 unclaimed
by defendant as per Returned Envelope Packet on 31.03.2018 calling
upon defendant to make payment of balance sum of Rs.22,117.00.
15. Ms. Rutuja Suraj Sarfare (P.W.1) has further stated that Notice
sent to defendant is delivered to defendant on 31.03.2018 as Notice
was sent on true and correct address registered with plaintiff therefore
it is deemed Service upon defendant.
16. Plaintiff has produced all the corroborating documents which are
Copies of Board of Resolutions, Xerox copies of Purchase Orders,
Original copy of Lorry Receipt, Office copy of Invoice, Office Copy of
Sales Ledger, Office copy of Notice, Original Postal receipt and original
Return Envelope Packet 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
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evidence of plaintiff. Therefore, plaintiff has proved that it is entitled to
get sum of Rs.35,616/ from defendant.
17. 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.22,117/ 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 amount of Rs.35,616/ to plaintiff
along with interest @ 9% p.a. on the sum of Rs.22,117/ 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: 26.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 26.06.2019
Transcribed on : 26.06.2019
Signed on : 26.06.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10.07.2019 At 11:56 a.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
26.06.2019
Judgment/Order signed by P.O. on 26.06.2019
Judgment/Order uploaded on 10.07.2019
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