Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SS No. 1031/2019 Suvidha Dresses Vs. Maatram Judgment (Exh.15) 1 of 5
MHCC010077712019 Suit Lodged on : 22.07.2019
Suit Admitted on : 22.10.2019
Suit Decided on : 07.07.2026
Duration : 06 Y : 11M : 16D
Exhibit : 15
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 - Summary Court
Summary Suit No. 1031 OF 2019
Suvidha Dresses,
A partnership firm registered under the Indian
Partnership Act, 1932 having its address at,
416, Parasgopal Opp. Bhoomi Plaza,
Bhavani Shankar Raod, Dadar (West),
Mumbai - 400 028; through its Partner
Mr. Vijay Singh Amar Singh Rajpurohit,
Also at :
Shop No.8, Vallabh CHS, Opp. Police Station,
90 Feet Road, Sion Dharavi, Mumbai -400 017. … Plaintiff.
Versus
Maatram
a proprietorship firm, having its address at ,
Office No.164, Lakshmi Complex,
Velachery Main Road, Aadhi Nagar,
East Tambaram, Chennai - 600 059. … Defendant.
Appearances :
Plaintiff : Adv. Harshal Damania
defendant : Ex-parte.
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 07.07.2026.
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SS No. 1031/2019 Suvidha Dresses Vs. Maatram Judgment (Exh.15) 2 of 5
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JUDGMENT
(Delivered on this 7th day of July, 2026)
Suit for recovery of amount of Rs.47,694/- with interest.
1. Plaintiff sued defendant to recover Rs.47,694/- and also
prayed for interest @ 18% per annum on principal amount Rs.33,946/-
from the date of filing of the suit till realization of entire amount.
Facts giving rise to the dispute are as under :
2. Plaintiff is a partnership firm and is engaged in business of
manufacturing, sale, supply and delivery of Baba Suit. Defendant is a
proprietorship concern. As requested by defendant plaintiff supplied
goods to defendant and raised invoice No.141 Dt.28.02.2017 for
Rs.33,946/-. Amount was to be paid within 30 days. However,
defendant fail to repay it. Plaintiff issued legal notice to defendant on
09.07.2019 as amount is not paid, plaintiff filed present suit.
3. Writ of summons was issued against defendant. Plaintiff filed
service affidavit Exh.03 before the then Presiding Officer. Inspite of
service of writ of summons, defendant did not appear. Hence, suit
proceeded ex-parte against defendant vide order dated 04.08.2025.
4. In order to prove its case, plaintiff filed evidence affidavit of
Mr. Vijay Singh at Exh.03 and relied on various documents vide Exh.07
to Exh.13. Perused written notes of argument Exh.14.
5. Considering nature of dispute, following points arise for my
determination and I have recorded my findings for the reasons
discussed as follows:
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Sr. Points Findings
1. Does plaintiff prove that it supplied
goods to defendant and defendant
failed to reply ?
In the Affirmative.
2. Whether plaintiff is entitled to recover
any amount from defendant with
interest? If yes, what would be that
amount and rate of interest?
Plaintiff is entitled to
recover Rs. 47,694/- and
entitled to 9% interest
p.a. on principal amount
Rs.33,946/- from the
date of suit till
realization of entire
amount.
3. What Order and decree? Suit is partly decreed
with costs.
R E A S O N S
Reasons as to Point Nos. 1 to 3
As all points are interconnected with each other, so they are discussed
together as under :-
6. I have gone through evidence affidavit of plaintiff which is at
Exh.04. Said affidavit is nothing but replica of the plaint. Plaintiff
deposed how as per request of defendant it supplied goods. Plaintiff
relied on invoice Exh.07, Challan Exh.08, Legal Notice Exh.10. I have
gone through all these documents. Invoice Exh.07 clearly shows Coat
Suit, Full Suit of different colour were supplied by plaintiff to
defendant. Exh.07 also specify quantity and quality of goods supplied.
7. Inspite of receiving notice Exh.05 defendant did not repay
amount. Inspite of having opportunity, defendant did not appear in the
suit and contested the claim on merit. Suit is filed well within
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limitation. Hence, plaintiff is entitled to recover principal amount of
Rs.47,694 /-. Said amount also include amount of interest till date of
filing suit. So far as rate of interest is concerned, plaintiff is claiming
18% p.a. which is exorbitant. In the facts and circumstances of present
case interest @ 9% p.a. on principal amount would be justified.
8. Hence, I answer point Nos.1 in affirmative and point No.2 as
Plaintiff is entitled to recover Rs. 47,694/- and entitled to 9% interest
p.a. on principal amount Rs.33,946/- from the date of suit till
realization of entire amount.’ Suit thus deserves to be partly decreed
with costs. As answer to point No.3, following order is passed :
ORDER
1. Summary Suit No. 1031 of 2019 is partly decreed with costs.
2. Plaintiff is entitled to recover Rs.47,694/- (Rupees Forty
Seven Thousand Six Hundred Ninety Four Only) and entitled
to 9% interest p.a. on principal amount Rs.33,946/- (Rupees
Thirty Three Thousand Nine Hundred Forty Six only) from
the date of suit till realization of entire amount.
3. Defendant shall pay above referred amount with interest to
plaintiff within three months from date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Mumbai
Dated : 07.07.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF CLERK-TYPIST
07.07.2026 05.30 p.m. Mrs. Swapnali Jagtap
(Clerk-Typist)
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
07.07.2026
Judgment/order signed by P.O on 07.07.2026
Judgment/order uploaded on 07.07.2026
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