Final Order 1

Order Details: Ex-parte Judgement
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MHCC010077352018 Presented on : 28-06-2018
Registered on : 21-08-2018
Decided on : 21-10-2021
Duration : Y M D
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BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.933 OF 2021
(S.C.SUIT NO.2199 OF 2018)
Ex.11
M/s. Eagle Sales Corporation, ]
a firm, duly registered under the ]
provisions of the Indian Partnership ]
Act, 1932, having their office at ]
95, Tavawala Bldg., 147, Lohar Chawl, ]
Mumbai400 002. ]
Through their partner Mr.Tanmay ]
Vrajesh Desai, aged 34 years. ] ..Plaintiff
VERSUS
M/s. K. K. Electrical Engineers ]
having their office at A/302, ]
AmanOAamaan CHS Ltd. ]
Sanjay Nagar, Old MumbaiPune ]
Highway, Mumbra, Thane400612 ]
and at Flat No.1004, 10th Floor, ]
Riviera Building, CWing, Lodha Palava ]
Casa Bella, Dombivali(E), ]
Dist.Thane421 201. ] ..Defendant
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____________________________________________________
Ld. Advocate Ganesh Shetty for plaintiff.
DefendantEx parte.
______________________________________________________
JUDGMENT
(Dated this 21st day of October, 2021.)
1. Suit is for recovery of an amount of Rs.9,85,015/
alongwith future interest.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff does the business of trading in electrical
goods. As per defendant's purchase orders, plaintiff supplied
goods to defendant. Plaintiff maintained account regarding
supplied goods. Defendant duly received the invoices raised by
plaintiff. Defendant also acknowledged delivery challans.
Defendant accepted the goods without raising objection as to
quantity, quality and price of the goods. As per books of accounts
maintained by plaintiff, an amount of Rs.9,16,293/ as on
10/02/2018 was outstanding against defendant. Plaintiff by
notice dated 06/04/2018, through advocate, asked defendant to
make the payment of the due amount, but, defendant failed to
make the payment of outstanding amount. Hence, this suit.
3. As per Service Affidavit (Ex.2), defendant deemed to
be served with writ of summons. But, defendant failed to tender
it's appearance before the Court and therefore suit proceeded
exparte against defendant as per order dated 21/01/2019.
4. Heard Ld. advocate for plaintiff.
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5. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.9,85,015/is outstanding
against the defendant?
Proved
2. What order? Suit is decreed as per
final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff has
examined PW1 Tanmay Vrajesh Desai at Ex.3. PW1 Tanmay
deposes that as per purchase orders placed by defendant, plaintiff
supplied goods during the period from 03/03/2017 to
06/01/2018 to defendant. Plaintiff also raised invoices. Those
invoices were duly acknowledged by defendant. As per invoices
raised by plaintiff, an amount of Rs.9,16,293/ was outstanding
against defendant. The oral evidence of PW1 Tanmay is well
supported by invoices (Ex.6) and delivery chalans (Ex.7). As
discussed above, suit proceeded exparte, therefore, oral and
documentary evidence remain unchallenged. As per statement of
account maintained by plaintiff, an amount of Rs.9,16,293/ is
outstanding against defendant.
7. The delivery challans contain stipulation regarding
interest at the rate of 27% p.a. However, plaintiff claimed interest
at the rate of 18% p.a. Taking into consideration, the nature of
transaction, plaintiff is entitled to the interest at the rate of 18%
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p.a. As per ledger account maintained by plaintiff, an amount of
Rs.9,16,293/ was outstanding against defendant as on
10/02/2018. Plaintiff has claimed interest at the rate of 18% p.a.
on the said amount till filing of the suit which comes to
Rs.9,85,015/. Thus, plaintiff has proved that an amount of Rs.
9,85,015/ is outstanding against defendant. Point No.1 is
answered accordingly. In the result, following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.9,85,015/ (Rs.
Nine Lacs, Eighty Five Thousand, Fifteen only) along
with interest @ 18 % p.a. on the principal amount of
Rs.9,16,293/ from the date of the suit till it's
realization within two months.
3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948,
for the refund of Institution Fee.
4. Decree thus follow.
21/10/2021 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 21/10/2021
Transcribed on : 22/10/2021
Signed on : 22/10/2021
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'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
22/10/21 at 05.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 21/10/21
Judgment and order signed by P.O. 22/10/21
Judgment/order uploaded on 22/10/21
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