Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Presented on : 23/07/2019
Decided on : 05/02/2020
Durationon :00Ys.06Ms.13Ds.
CNR No.MHCC01-007798-2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
COMMERCIAL SUIT NO. 166 OF 2019
Megamet Steels Pvt.Ltd.
A private limited Company
incorporated under Companies
Act,1956 having office at
411, EMBASSY CENTRE,
Nariman Point, Mumbai-400 021 ....Plaintif
V/s
M/s.Sharma ConstructionCompany
A frm having address at
H.O.Verka Majitha By Pass,
Near Fortis Escorts Hospital,
Amritsar-143 004 ....Defendant
APPEARANCE:-
Advocate Pooja Rathod for plaintif.
Defendant already proceeded exparte.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE :05th February, 2020
JUDGMENT
This is the suit for recovery of Rs.5,39,480/-alongwith
interest.
2. This is the suit for recovery of amount of Rs.5,39,480/-
alongwith interest at the rate of 24% p.a. The plaintif is a
private limited company. The defendant is a frm. The
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defendant approached the plaintif at their office and
represented that they are interested in purchasing Bio Ignite
Oil from the plaintif. The defendant promised and assured
that they will make payment of the invoice value within 30
days from the date of invoice. The defendant did not raise
any objection regarding the quality, quantity, rate, terms and
conditions etc. of the said invoice. The defendant however
did not make payment of the said invoice as promised. The
plaintif therefore by their advocate’s notice dated 21/2/2018.
The defendant received the said notice and made part
payment. Thereafter, the defendant by their advocate’s letter
dated 26/3/2018, falsely denied their liability. On receipt of
the said reply, the plaintif sent a rejoinder dated 17/4/2018
and recorded the facts therein. Therefore, the suit.
3. Writ of summons was issued to the defendants. The
service affidavit is also on record. Inspite of the same,
defendant did not appear in the matter and did not contest
the suit. Therefore, the suit is proceeded exparte against
defendant. Affidavit of evidence plaintif ( Exh-4), List of
original documents (Exh-5), List of document (Exh-6), Office
copy of Invoice no.207 dt.22/5/2017 (Exh-7), Office copy of
delivery challan dt.22/5/2017(Exh-8), Office copy of notice
dated 21/2/2018 (Exh-9), Downloaded copy of Bank
Statement(Exh-10), Reply dt.26/3/2018(Exh-11), Office copy
of rejoinder dtd.17/4/2018 (Exh-12), Downloaded copy of
bank statement (Exh-13),Extract of Board Resolution (Exh-
14), Evidence close pursis (Exh-15).
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4. The testimony of the witness of the plaintif and the
documents produced on record remained unchallenged as the
matter is proceeded exparte against defendants. No rebuttal
evidence is brought on record by the defendants to disbelieve
the version of the plaintif to hold that the amount which is
claimed is due and payable to the plaintif by the defendants
with interest.
5. Hence, I pass following order.
ORDER
1. Suit is decreed with costs.
2. Defendant do pay principal amount of Rs.5,39,480/- with
interest @ 24% p.a. to the plaintif till realization of
entire amount within three months.
3. Decree be drawn up accordingly.
Date:-05/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :- 05/02/2020
Typed on :- 05/02/2020
H.H.J.Signed on :- 05/02/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.02.2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
05.02.2020
JUDGMENT/ORDER signed by P.O. on 05.02.2020
JUDGMENT/ORDER uploaded on 05.02.2020
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