Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 756 of 2019
Filed on : 25.07.2019
Registered on : 25.07.2019
Decided on : 21.01.2020
Duration : Year 00 Month06 Days27
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.756 OF 2019
(CNR NO. MH CC010078262019)
Exhibit06
M/s. Chetana Book Depot,
A partnership firm (Now known
as Chetana Publication India, (LLP)
having its registered office at 4th Floor,
'B' Wing, Building 'E' Trade Link,
Kamla City, Above Bombay Canteen,
Lower Parel, Mumbai – 400 013. ….Plaintiff
V/s.
1. New Life Nursery & Primary School,
Address : 369/383, Pannagaram Main Road,
Vekke Goundan Palayam (Village)
Dharmapuri (Post & Taluka)
Tamilnadu – 636 703
2. Mr. M. Murugan,
Address : New Life Nursery & Primary School,
369/383, Pennagaram Main Road,
Vekke Goundan Palayam (Village,
Dharmapuri (Post & Taluka)
Tamilnadu – 636703. ... Defendants.
SUIT FOR RECOVERY OF RS.83,089/
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Appearance:
Mr.Sudhakar G.Lakhani, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 21 th January, 2020
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The Plaintiff ''M/s. Chetana Book Depot'', is a registered
Partnership firm under the Indian Partnership Act, 1932 having their
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place of business at the Mumbai. The defendant no. 1 is a school and
defendant no.2 is the trustee of the defendant no.1 having their address
at Tamilnadu. Pursuant to the purchase Order received from the
Defendant's at Plaintiff's aforesaid place of business situated at Mumbai,
plaintiff sold, dispatched and delivered educational school books as per
their requirement and raised invoice as provided on defendant's
purchase orders which were duly accepted and acknowledged by the
defendants. It is case of the plaintiff that defendants have returned
goods for an aggregate amount of Rs.36,606/ and have also made
payment of a sum of Rs.20,000/ in cash on 29.06.2018. The
defendants have issued certain cheques for balance amount but the
same were dishonoured. It is further contended that defendants have
failed and neglected to make payment of the balance amount to the
plaintiff inspite of demands, reminders and receipt of the legal notice
dated 29th December, 2018. The total suit claim of the plaintiff for
Rs.83,089/.
3. The suit summons were duly served on the defendant but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
Sr.
No.
POINTS FINDINGS.
1. What is due and payable
from the defendant to the
plaintiff ?
A] If yes, what would be the
Amount of
Rs.83,089/ with
interest
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rate of interest? @ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit7 This document is invoice
no.17/7353.
dated 23/05/2017
Exhibit 8 This document is demand notice
issued by plaintiff's advocate.
dated 29/12/2018
AS TO POINT NO.1
6. All the documents produced by the plaintiff at list Exhibit 7 and
8 goes to establish that plaintiff has given total goods of Rs.83,089/ to
defendants. The documents further prove that the amount of
Rs.83,089/ is due and payable to the plaintiff company from
defendants towards the education books supplied to the defendant.
But, defendants have paid sum of Rs.20,000/ to the plaintiff and failed
to pay balance amount of Rs.83,089/ towards purchase of books. The
documents at list Exhibit 7 and 8 goes to establish that defendants are
liable to pay Rs.83,089/ to the plaintiff on the date of filing of the suit
towards the goods and therefore he has giving false excuse for not
repaying the balance amount of purchase of goods, he failed and
neglected to reply the outstanding amount which was taken as goods
from the plaintiff. In this background, it is held that plaintiff is entitled
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to recover sum of Rs.83,089/ from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 18% per annum, if the transaction is commercial
and there is no contract pertaining to the same between the parties. In
the present case the transaction is a commercial one and there is no
express contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.83,089/. Hence, point no.1 is answered in the
affirmative.
As to point no.2:
8. In view of discussion and finding on point no.1 it is held that the
plaintiff is entitled to recover Rs.83,089/ from the defendant with
interest at the rate of Rs.10% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2 I proceed to pass
the following order :
: ORDER:
1. Defendant No.1 and 2 jointly and severally shall pay
Rs.83,089/ (Rupees Eighty Three Thousand and
Eighty Nine only) to the plaintiff with interest at the
rate of 10% per annum from the date of filing of the
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suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 21/01/2020
Typed on : 21.01.2020
Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
21.01.2020 at 4.00p.m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.G.Shaikh
(Court Room No.59)
Date of pronouncement of Judgment 21.01.2020
Judgment signed by P.O. on 21.01.2020
Judgment uploaded on 23.01.2020
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