Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 700/2018 1
Received on : 28062018
Registered on : 10072018
Decided on : 07102019
Duration : 0Y 07M 10D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.700 OF 2018
Shri Lalita Jewellers & Co.
A firm carrying on their business at
A/1803, Shreepati Castle, 11th Lane
Khetwadi, Girgaon, Mumbai400 004. ...Plaintiff
Versus
1.Jaipur Jewels & Gems, A firm
2.Smt. Shanta w/o Kiran Bafna
3.Raj s/o Kiran Bafna
4.Harish s/o Kiran Bafna,
Nos.2 to 4 are the Partners of
M/s. Jaipur Jewels & Gems, and
Residing and carrying on their
Bsines at “Kiran”, 465/D,
Ghokhale Cross Road, Next to
Mafatlal Bungalow,
Pune – 411016, Maharashtra. ...Defendants
Appearances:
Advocate Shri. Sohanraj Chopda for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 07th OCTOBER 2019
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SUMMARY SUIT 700/2018 2
J U D G M E N T
This is a suit for recovery of Rs. 7,86,000/(Rupees Seven Lacs
and Eighty Six Thousand only).
2. Plaintiff case in nut shell is that pursuant to the order of
defendants plaintiff sold supplied and delivered diamonds to the
defendants. Against the supply plaintiff had issued invoice of Rs.
7,21,000/. Defendants accepted the diamonds and made a part of Rs.
2,00,000/ by cheque. However the cheque is dishounoured therefore
inspite of demand defendants did not pay any amount. The defendants
are in default of Rs. 7,86,000/(Rupees Seven Lacs and Eighty Six
Thousand only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
he has supplied goods to
defendants?
Yes
2. Whether plaintiff proves that
amount of Rs. 7,86,000/(Rupees
Seven Lacs and Eighty Six
Thousand only). is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 7,86,000/
(Rupees Seven Lacs and Eighty
Yes
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SUMMARY SUIT 700/2018 3
Six Thousand only). with interest
as claimed?
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff filed copy of invoice, original cheque with bank
memo, advocate demand notice with postal acknowledgements and
reminder letter.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The copy of invoice,
original cheque with bank memo, advocate demand notice with postal
acknowledgements and reminder letter shows that pursuant to the
order of defendants plaintiff sold supplied and delivered diamonds to
the defendants. Against the supply plaintiff had issued invoice of Rs.
7,21,000/. Defendants accepted the diamonds and made a part of Rs.
2,00,000/ by cheque. However the cheque is dishounoured therefore
inspite of demand defendants did not pay any amount. The defendants
are in default of Rs. 7,86,000/(Rupees Seven Lacs and Eighty Six
Thousand only). As far as rate of interest is concerned plaintiff has
prayed for rate of 18% p.a. As the relationship between plaintiff and
defendant is contractual relationship interest @ 18% can be granted.
Therefore, point No.1 to 3 is answered as 'Yes', point No. 4 is answered
as per final order and following order is passed.
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SUMMARY SUIT 700/2018 4
ORDER
1. Suit is exparte decreed with costs.
2. Defendant nos. 1, 3 and 4 do jointly and severally pay to the
plaintiff the amount of Rs. 7,86,000/(Rupees Seven Lacs and Eighty
Six Thousand only) with interest @ 18% p.a. from the date of filing of
the suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 07/10/2019 City Civil Court,Gr. Bombay
Dictated on : 07/10/2019
Transcribed on : 09/10/2019
Signed on : 11/10/2019
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SUMMARY SUIT 700/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/10/2019 at 5.30p.m. Mr. A. S. Sugdare
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
07/10/2019
Judgment/Order signed by P.O. on 11/10/2019
Judgment/Order uploaded on 15/10/2019
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