Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010077722019
Presented on 22-07-2019
Registered on 09-09-2019
Decided on 01-11-2022
Duration Yrs. M. Days
03 03 10
CNR No. MHCC010077722019
EXH.13
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.902 OF 2019
CHETANA PUBLICATION (I) LLP
(Formerly known as Chetana Book Depot)
a Partnership Firm, Through their
Constituted Attorney Mr. Rajesh Kamble
4th Floor, Trade Link, EWing, “B” Block ,
Kamala City, Above Bombay Canteen,
Lower Parel, Mumbai 400013. ...Plaintiff.
V/s.
1. SAKAL NARAYAN INTER COLLEGE,
Ataura Bujurg, Raebareli, Uttar Pradesh –
229121.
2. NEW SANJAY BOOK DEPOT,
Ataura Bujurg, Raebareli, Uttar Pradesh –
229121.
3. MR. SANJAY SINGH,
Ataura Bujurg, Raebareli, Uttar Pradesh –
229121. ....Defendants.
Appearances:
Ld. Adv. Vedastu Rane for plaintiff.
None present for defendant.
Suit proceeded exparte against defendants.
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Summ Suit 902 of 2019 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 01st NOVEMBER, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.2,25,064/(Rupees Two Lacs Twenty Five Thousand
Sixty Four only) alongwith interest at the rate of 18% p.a. on the
principal sum of Rs.1,76,210/(Rupees One Lakh Seventy Six Thousand
Two Hundred and Ten only) from the date of filing of the suit till its
realization.
2. The facts in brief are as follows:
The plaintiff is a Limited Liability partnership Firm carrying
out its business. The defendant No.1 is a Inter College Institution and
defendant Nos.2 is being operated and managed by Defendant No.3
who is also running the Defendant No.1. Pursuant to the receipt of the
orders placed online by the defendants for supply of educational books.
The plaintiff sold, supplied and delivered to the defendants the
educational books. The plaintiff submitted their invoices for the same
aggregating Rs.4,79,964/. The defendants made part payment.
However, the defendants failed to make the balance payment of the
amount of Rs.1,76,210/ in respect of invoices. The plaintiff made
repeated request but the defendant failed to pay the remaining amount
and therefore, plaintiff filed the present suit and prayed to decree the
outstanding amount with interest.
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3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against them as per order
dated 08.06.2022.
4. The plaintiff in order to prove its claim, filed claim affidavit
vide Exh.04 and the documents as per list of documents vide Exh.05.
The plaintiff filed copy of Power of Attorney vide Exh.06, copy of
purchase orders vide Exh.07, copy of invoices vide Exh.08, Defendant's
letter dt.06.09.2011 alongwith the demand Notice dated 30.04.2019
vide Exh.9 and Exh.10. Plaintiff also filed Statement of Accounts vide
Exh.11 The Invoice vide Exh.08 shows that the goods were sold and
supplied to the defendants however the defendants failed to pay the
outstanding amount. Inspite of accepting the same the defendant failed
to make the payment. The plaintiff also issued legal notice of the
defendant however the defendant failed to comply the same.
5. The defendants remained absent and failed to challenge the
oral and documentary evidence of plaintiff. The evidence of plaintiff has
therefore gone unchallenged. The defendants placed order and the
goods were supplied to the defendants. Hence defendants were under
obligation to pay the outstanding amount but the defendants failed to
pay the same and hence, plaintiff is entitled for the outstanding
amount.
6. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
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of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
ORDER
1. The Summary Suit No.902 of 2019 is decreed with costs.
2. Defendants shall jointly and severally pay amount of
Rs.2,25,064/(Rupees Two Lacs Twenty Five Thousand Sixty
Four only) to the plaintiff along with interest at the rate of 9
percent per annum on the principal amount of Rs.1,76,210/
(Rupees One Lakh Seventy Six Thousand Two Hundred and Ten
only) from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 01112022 City Civil Court, Gr. MUMBAI
Directly typed on : 01112022
checked on : 01112022
Signed on : 01112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
02.11.2022 at 05.35 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order 01.11.2022
Judgment/order signed by P.O. on 01.11.2022
Judgment/order uploaded on 02.11.2022
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