Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No.
285 of 2021 1
MHCC010077362018
Presented on : 28-06-2018
Registered on : 17-07-2018
Decided on : 05-07-2023
Duration : 5 Yr, 0 M, 7 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.285 OF 2021.
Exh. 27.
Ankur Vasantrai Doshi, ]
An adult Indian Inhabitant, age 35 years, ]
Proprietor of M/s. V.J.Corporation, ]
having its office at Gala No. 4081, 4th Floor, ]
Bhandup Industrial Estate, ]
Pannalal Silk Mill Compound, ]
LBS Marg, Bhandup (West), Mumbai 400 078. ]....Plaintiff.
Vs.
1.M/s. Chau Enterprises ]
A Proprietary firm having a office at ]
Room No.1201, Building No. 4, ]
Altlanta Residency, Anjur Phata, Bhiwandi, ]
Mumbai – 421 302. ]
2. Mahadev Patil. ]
An Adult Indian inhabitant, age not known, ]
Proprietor of M/s. Chau Enterprises, ]
-- 1 of 7 --
Judgment in Suit No.
285 of 2021 2
Room No. 1201, Building No. 4, ]
Atlanta Residency, Anjur Phata, ]
Bhiwandi, Mumbai – 421 302. ]….Defendants.
Appearance:
Adv. Akash Waghmare i/b HSB Legal Associates for the plaintiff
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :05th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.6,15,371/- at the
rate of interest 24% p.a.
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that he is carrying business of to sale
Retail acid and he used to supply acid and chemicals to the various parties
as per their order. Defendants being a customer of the plaintiff also used
to approach the plaintiff to purchase acid and other materials from the
plaintiff.
3. The plaintiff further contends that there is no dispute
regarding the goods sold and supplied to defendants by plaintiff. The
-- 2 of 7 --
Judgment in Suit No.
285 of 2021 3
plaintiff had issued bills from time to time on defendants against the
delivery of the goods. Defendants failed to pay an amount of Rs.
3,59,699/- for goods supplied on 16.04.2015, 07.05.2015, 15.06.2015,
20.06.2015 and 09.07.2015. Since 03.06.2015 to 17.06.2018, the
defendants are liable to pay an amount of Rs. 2,55,672/- against interest
of the principal amount. Thus, the plaintiff claimed an amount of Rs.
6,15,371/-. Defendant failed to pay outstanding amount of Rs. 6,15,371/-.
Hence, this suit.
4. Defendant Nos. 1 & 2 are duly served with writ of summons
but they failed to appear. Therefore, vide order dated 26.09.2019, the suit
proceeded exparte against them.
5. After suit proceeded ex-parte. In order to prove the case, the
plaintiff filed affidavit of evidence at Exh.7 along with List of Documents at
Exh. 8. Plaintiff filed following documents along with Exh. 08 which he
has proved the same in evidence as follows..
Sr.
No.
Documents. Exhibit No.
1. Tax Invoice Number 1056 Exh. 9
2 Tax Invoice Number 1122 Exh. 10
3 Tax Invoice Number 1263 Exh. 11
4. Tax Invoice Number 1340 Exh. 12
5. Tax Invoice Number 1243 Exh. 13
6. Delivery Challan Dated 07.05.2015 Exh. 14
7. Delivery Challan dated 09.07.2015 Exh. 15
8. Delivery Challan Exh. 16
-- 3 of 7 --
Judgment in Suit No.
285 of 2021 4
9. Delivery Challan Dated 15.06.2015 Exh. 17
10. Delivery Challan Exh. 18
11. Account Statement Exh. 19
12. Demand Notice dated 17.06.2018 Exh. 20.
13. Postal Track Record Exh 21
14 Cheque Number 050156 Exh. 22
15. Cheque Number No. 050162 Exh. 23
16. Cheque Number 050161 Exh.24
6. It is submission made by Ld.advocate for the plaintiff that the
suit is proceeded exparte. The pleading and evidence of the plaintiff
remained unchallenged. Hence, there is no reason to discard the suit.
Consequently, prayed to decree the suit.
7. Considering the facts, evidence and law applicable to the case,
following points arise for determination.:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it is
entitled to recover an amount of
Rs.6,15,371/- with interest at
the rate of 24% p.a. from the
defendants from the date of the
suit?
..Yes..
with interest @
6% p.a
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
-- 4 of 7 --
Judgment in Suit No.
285 of 2021 5
:REASON:
As to point No. 1 & 2:
8. It is needless to say that as suit proceeded exparte, hence, the
pleading and evidence of the plaintiff has remained unchallenged.
Therefore, there is no reason as to discard the case. It is specific case of
the plaintiff that defendant failed to repay an amount of Rs. 3,59,699/-
due and payable against delivery of goods. The plaintiff specifically
contends that defendants have made part payment of goods on
02.06.2015. The plaintiff has filed on record tax invoices at Exh. 9 to 13
which fortify the statement of the plaintiff that defendants were due to pay
an amount of Rs. 3,59,699/-. The plaintiff has also filed on record
delivery challan at Exh. 14 to 18, the statement of account at Exh. 19. He
has also issued notice at Exh. 20 which is returned to the plaintiff.
Defendant had issued cheque at Exh. 22 to 24. An amount of Rs.
2,65,706/- which are dishonoured. All these documents supports the
contentions of the plaintiff that defendants were due to pay aforesaid
amount to the plaintiff.
9. The plaintiff specifically contends that defendants have to pay
an amount of Rs. 2,75,652/- as interest amount on principal amount at the
rate of 24% p.a. On perusal of the bills, it is seen that interest would be
charged at the rate of 18% p.a. and not 24% p.a. Therefore, an amount
assessed by the plaintiff against the interest on principal amount is an
excess amount. The statement of account Exh.19 substantiate the
contentions of the plaintiff that the defendants have paid part of amount
-- 5 of 7 --
Judgment in Suit No.
285 of 2021 6
due by him to plaintiff on 02.07.2015. Hence, sufficiently brought on
record that defendants are due to pay an amount of Rs.3,59,699/- on
09.06.2015. Considering the part payment of made by defendants, the suit
of the plaintiff is within the limitation. The plaintiff claims an interest at
the rate of 24% p.a.. Tax invoices/Bills speaks that interest at the rate of
18% p.a. shall be levied, if amount of goods is not paid within 30 days.
However, ledger account of defendants mentioned by the plaintiff is silent
that the plaintiff has levied such interest. Therefore, the plaintiff would
not entitle interest at the rate of 18 % p.a. too. In such case, it would be
levy the interest at the rate of 6% p.a. on the amount adjudicated. . Thus,
the plaintiff is entitled to receive an amount of Rs. 3,59,699/- and interest
at the rate of 6 % p.a. Accordingly, point Nos. 1 & 2 are answered in
affirmative.
10. The suit of the plaintiff is going to be partly decreed. Hence, it
is just and proper to direct both parties to bear their own costs.
Accordingly, in answer to point No. 3, following order is passed :
ORDER
1. Suit NO. 285 of 2021 is partly decreed with costs.
2. Defendant Nos. 1 and 2 to pay jointly and severally an
amount of Rs.3,59,699/- with interest at the rate of 6% p.a.
from the date of filing of the suit till its realisation.
3. Defendants to pay aforesaid decreetal amount within 2
months of the order.
4. Both parties bear their own costs.
-- 6 of 7 --
Judgment in Suit No.
285 of 2021 7
5. Decree be drawn up accordingly.
6. Suit No. 285 of 2021 is disposed off accordingly. .
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:05.07.2023 Greater Bombay (CR 59)
Declared on : 05.07.2023
Dictated on : 05.07.2023
Transcribed on : 24.07.2023
Checked on : 24.07.2023
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.08.2023 at 5.45 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 05.07.2023
Order signed by P.O. on 03.08.2023
order uploaded on 03.08.2023
-- 7 of 7 --