Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Presented on :28/06/2018
Decided on :05/03/2020
Durationon :01Ys.08Ms.06Ds.
CNR No.MHCC01-007717-2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C.SUIT NO.2786 OF 2018
IN
COMMERCIAL SUIT NO.110 OF 2020
IKF Marine and Consultancy Private Limited,
a private limited company, incorporated
under the Companies Act, 1956
having its registered office at
Office No.34, Sucheta Niwas,
285, Old Custom House Road,
Ballard Estate, Fort,Mumbai-400 001. ...Plaintiff
V/s
1.Super Plus Packaging
A partnership concern, having its principal
office at, 166-B, Madhav Darshan,
Waghawadi Road, Bhavnagar 364002
2. Mr.Naresh A.Khuman,
Partner of Super Plus packaging,
having its principal, office at 116-B,
Madhav Darshan, Waghawadi Road,
Bhavnagar 364002 ....Defendants
APPEARANCE:-
Advocate Shrima Joshi for plaintiff.
Exparte against defedant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO.32)
DATE : 05th March, 2020
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EXPARTE JUDGMENT
This is the suit for recovery of Rs.14,67,771/-alongwith
interest.
2. This is the suit for recovery of amount of Rs.14,67,771/-
alongwith interest at the rate of 8% p.a. The plaintiff is a private
limited company. The defendant no.1 is a partnership firm. The
defendant no.2 is apartner and representative of defendant no.1.
3. In or around March 2017 the defendant no.2, expressed his
desire to monthly charterhire the tug boat. Defendant no.2
requested the plaiantiff to grant sea trial of the vessel. In or
around end of April 2017, it was informed to the plaintiff by its
sources that the defendants are installing a winch and generator
without intimation and approval of the plaintiff. Therefore, the
plaintiff caused an email dated 27/4/2017 issued to the defendants.
, emphasising on the aforesaid installation of which without any
intimation and approval. The plaintiff’s email dated 27/4/2017,
the defendants have allegedly carried out installations on the vessel
without any intimation and approval of the plaintiff and the same
was communicated to plaintiff by the defendant through an email
dated 29/4/2017 and 24/5/2017. The plaintiff issued an email dated
1/5/2017 to the defendant no.2 stating that the expenses incurred
is raised a bill upon the plaintiff and further inquired about the
approval taken for any installation on board the vessel. The
defendant no.2 replied by way of an email dated 1/5/2017
informing the plaintiff that in order to keep the plaintiff in loop of
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such expenses. The defendant no.2 issued an email dated 8/7/2017
to the plaintiff requesting to amend the contract. In breach of
terms of the contract the defendants failed to remit the monthly
charter hire for the month of June 2017. The plaintiff was
constrained to issue another reminder by way of an email dated
11/7/2017. In respoonse the aforesaid the defendant no.2 issued an
email dated 12/7/2017 providing baseless and lame excuses for not
paying the wages of crew as well as the monthly charter hire.
The plaintiff was further compelled to issue an email dated
20/7/2017 to remind the defendants. The defendant no.2 issued an
email dated 9/8/2017 to the plaintiff requesting an invocie for the
month of July 2017. The plaintiff reminded the defendant no.2 by
way of an email dated 10/8/2017 stating that the contract stands
terminated owing to non payment. The plaintiff was entirely
perplexed and shocked to receive the defendant no.2’s email dated
21/12/2017 wherein the defendant no.2 have demanded payment.
The defendant further issued a letter dated 20/3/2018 demanding
an outstanding payment. Therefore, the plaintiff issued legal
notice dated 16/5/2018 claiming the charter hire for the month of
July 2017 and August 2017 alongwith reimbursement of crew
wages for the month of June 2017, July 2017 and August 2017.
Therefore, the suit.
4. Writ of summons was issued to the defendants. The service
affidavit is also on record. Inspite of the same, defendant did not
appear in the matter and did not contest the suit. Therefore, the
suit is proceeded exparte against defendant. Affidavit of evidence of
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Mr.Vijendra Kumar Vatsa (Exh-4), List of documents (Exh-5),
Original Board Resolution dated 20/6/2018 (Exh-6), Original of the
fixture note dated 1/4/2017 (Exh-7), Print of the email dated
27/4/2017 from plaintiff to defendant (Exh-8), Print of the emails
dated 29/4/2017 and 24/5/2017 from defendant to plaintiff (Exh-9),
Print of the emails dated 1/5/2017 exchanged between the parties
(Exh-10), Print of the emails dated 8/7/2017 and 10/7/2017
exchanged between the parties (Exh-11), Print of the emails dated
11/7/2017, 12/7/2017 and 20/7/2017 exchanged between the
parties (Exh-12), Print of the emails dated 1/8/2017 and2/8/2017
exchanged between the parties (Exh-13), Print of the emails dated
9/8/2017 and 10/8/2017 exchanged between the parties (Exh-14),
Original of the unpaid invoices for the month of July and August
2017 raised upon the defendant (Exh-15), Print of email dated
21/12/2017 from defendant to plaintiff (Exh-16), Print of the email
dated 21/12/2017 from plaintiff to defendant (Exh-17), Original of
the letter dated 20/3/2018 from defendant to plaintiff (Exh-18),
Office copy of the legal notice dated 16/5/2018 from plaintiff to
defendant alongwith original AD Card and RPAD receipt (Exh-19),
Print of the quotation dated 24/4/2018 of Prabhat Maritime
Services Private Limited (Exh-20), Original of salary vouchers and
crew wages paid by the plaintiff (Exh-21).
5. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is
proceeded exparte against defendants. No rebuttal evidence is
brought on record by the defendants to disbelieve the version of
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the plaintiff to hold that the amount which is claimed is due and
payable to the plaintiff by the defendants with interest.
6. Hence, I pass following order.
ORDER
1) Suit is decreed with costs.
2) Defendants do pay jointly and severally principal amount of
Rs.14,67,771/-with interest @ 8% p.a. to the plaintiff till
realization of entire amount within three months.
3) Necessary Court fee stamp be refunded to the plaintiff if rule
permits.
4) Decree be drawn up accordingly.
Date:-05/03/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Direct Dictated on :- 05/03/2020
H.H.J.Signed on :- 05/03/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/03/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R.NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
05/03/2020
JUDGMENT/ORDER signed by P.O. on 05/03/2020
JUDGMENT/ORDER uploaded on 05/03/2020
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