Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 258/2019. 1 Ex-parte Judgment.
MHCC010077852019
Presented on : 25-07-2019
Registered on : 10-12-2019
Decided on : 30-03-2021
Duration : 1 years, 8 months, 5 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 258 OF 2019
Exh.20.
M/s Mangalam )
A proprietary concern )
having its current address at )
206207, 2 nd Floor, Jai Gopal Industrial )
Estate, Bhawani Shankar Road, )
Dadar (West), Mumbai – 400028 )
Through its power of attorney holder )
Mr. Pradip Mansukhlal Mehta )...Plaintiff
Versus
1. M/s Shakambari Silks )
Having its address at )
T. Nagar, G N Chetty Road, )
Opp to Hotel Residency, )
First Floor, Chennai – 600 017 )
Tamil Nadu )
2. Mr. Charanya Narayanaswamy )
Partner of Shakambari silks )
having his office at )
T. Nagar, G N Chetty Road, )
Opp to Hotel Residency, )
First Floor, Chennai – 600 017 )
Tamil Nadu )
3. Mrs. Radha Naryanaswamy )
Partner of Shakambari silks )
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Comm.Suit No. 258/2019. 2 Ex-parte Judgment.
T. Nagar, G N Chetty Road, )
Opp to Hotel Residency, )
First Floor, Chennai – 600 017 )
Tamil Nadu )...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 30th MARCH, 2021.
Mr. Akash Shah, Advocate for Plaintiff.
None for Defendant Nos.1 to 3. (Exparte).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.8,05,684/ (Rupees Eight
Lakhs Five Thousand Six Hundred Eightyfour Only) with further
interest at the rate of 18% p.a. The suit is based on different invoices
and cheques.
Plaintiff's case is narrated as follows :
2. Plaintiff is a proprietary concern, engaged in the business
of wholesale supply of salwar kameez and garments. Defendant no.1 is
a partnership firm and defendant nos.2 and 3 are the partners of the
defendant no.1 firm. Defendant no.2 approached the plaintiff and
showed willingness to purchase garment items from the plaintiff
company as per his requirement. On assurance of prompt payment by
defendant no.2, the plaintiff agreed to supply the said goods to the
defendants. As per the order placed by the defendants, the plaintiff
raised the invoices and the concerned goods were supplied to the
defendants at the premises directed by him alongwith delivery challans.
The defendants accepted the delivery of the goods without any
complaint about the quality and quantity of the goods and endorsed its
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Comm.Suit No. 258/2019. 3 Ex-parte Judgment.
acknowledgement of receipt of delivery challans. The particulars of the
relevant invoices raised on the defendants for payment are shown in
following chart :
Sr.No. Invoice No. Date of Invoice Amount
1. 0668 19/09/2016 Rs.62,174/
2. 0669 19/09/2016 Rs.39,811/
3. 0670 19/09/2016 Rs.33,068/
4. 0771 03/10/2016 Rs.72,593/
5. 0804 15/10/2016 Rs.86,445/
6. 0856 23/11/2016 Rs.30,855/
7. 0884 02/12/2016 Rs.66,836/
8. 0885 02/12/2016 Rs.77,321/
9. 0886 02/12/2016 Rs.78,484/
10. 0887 02/12/2016 Rs.82,508/
Total Rs.6,30,095/
3. As mentioned in the invoices, the defendants agreed to
make the payment within 30 days from the date of invoice. The
defendants also agreed to pay interest at the rate of 18% p.a. in case of
nonpayment of the invoice within stipulated period. Out of the
amount of Rs.6,30,095/ (Rupees Six Lakhs Thirty Thousand Ninety
five Only) the defendants only paid the amount of Rs.54,862/ (Rupees
Fiftyfour Thousand Eight Hundred Sixtytwo Only) and Rs.5,75,233/
(Rupees Five Lakhs Seventyfive Thousand Two Hundred Thirtythree
Only) is due and payable by the defendants to the plaintiff. In
discharge of the liabilities, the defendants issued some cheques, but
they were dishonoured. Despite repeated request made by the plaintiff,
the defendant failed and neglected to pay the balance amount.
Therefore, the plaintiff through advocate issued demand notice dated
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Comm.Suit No. 258/2019. 4 Ex-parte Judgment.
04/01/2019 calling upon the defendants to pay the balance amount.
Even after receipt of the said demand notice, the defendants neither
made the payment nor replied the notice. Hence, this suit.
4. As per roznama dated 04/12/2020, service affidavit is filed
by plaintiff at Exh.3. The suit summons was served on the defendants,
but they failed to appear. Hence, the suit is proceeded exparte against
the defendants.
5. In support to the plaint, plaintiff has examined only one
witness and closed the evidence vide pursis Exh.19. PW 1 Mr.
Jayantilal Sanghavi submitted claim affidavit vide Exh.3 alongwith list
of documents Exh.4. In view of testimony of PW 1, the documents are
marked from Exh.5(colly.) to 18. Six invoices raised by the plaintiff
bearing No. 0666, 0667, 0668, 0669, 0670 and 0771 are marked
Exh.5(colly.). Six invoices raised by the plaintiff bearing No. 0804,
0856, 0884, 0885, 0886, 0887 are marked as Exh.6(colly.). Copy of
five courier receipts is at Exh.7 and copy of five delivery challans/lorry
receipts is at Exh.8. Perused the copy of bank statement of plaintiff
which is at Exh.9. Five cheques issued by the defendants in favour of
plaintiff for payment of the invoices are at Exh.10 to 14 and five bank
memos are at Exh.15. Notice dated 04/01/2019 vide Exh.16 was
issued by the plaintiff through advocate to the defendants. It was
served on the defendants. The postal receipt is at Exh.17 and
acknowledgement card is at Exh.18. Despite service of notice,
defendants failed to appear before the Court. It infers that they admit
the suit claim. Hence, the suit deserves to be decreed.
6. The interest claimed by the plaintiff at the rate of 18% p.a.
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Comm.Suit No. 258/2019. 5 Ex-parte Judgment.
appears to be exorbitant. The interest at the rate of 12% p.a. appears to
be appropriate. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant nos.1 to 3 shall pay, jointly and severally, an
amount of Rs.8,05,684/ (Rupees Eight Lakhs Five
Thousand Six Hundred Eightyfour Only) with interest @
12% p.a. from the date of suit till realization, within two
months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 30/03/2021. Mumbai.
1. Dictated on : 30/03/2021.
2. Transcribed on : 03/04/2021.
3. Signed on : 05/04/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/04/2021. 2.30 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 30/03/2021.
Judgment/Order signed by P.O. on 05/04/2021.
Judgment/Order uploaded on 05/04/2021.
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