Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.840/2018 1
Received on : 30062018
Registered on : 13082018
Decided on : 07012020
Duration : 01Y 06M 08D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.840 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010078942018)
Jeevandeep Edumedia Pvt.Ltd.
Having reg. Office at
Sun Paradise Business Plaza,
First floor, Senapati Bapat Marg,
Lower Parel, Mumbai 400 013,
Through its Legal Assistant Manager,
Mrs.Tirumala Reddy,
Age: 31, Occup.: Service ...Plaintiff
Versus
Mr.Shrikant Raut
Age: 46 years,
Founder
Cambridge Indapur English
Medium School (Shri Swami Samarth)
Bahu Uddeshiya Sanstha's
Gujar Samaj Karyala, Near Mandai,
Indapur 412 102, Dist.: Pune
Maharashtra. ….Defendant
Appearances:
Advocate Mr.Ritika Iyer for the Plaintiff.
Defendant exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE: 07TH JANUARY 2020
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SUMMARY SUIT NO.840/2018 2
J U D G M E N T
1. This is summary suit for recovery of Rs.29,387/ (Rupees Twenty
Nine Thousand Three Hundred and Eighty Seven only) with interest @
18% p.a.
2. According to the plaintiff, it is a registered company carrying on
business as Educational Publishers. As per the orders of defendant the
plaintiff sold, supplied and delivered to the defendant certain goods
that is books as per the invoice No. T57198 dtd.01.07.2015 for total
amount of Rs.19,076/. However, the defendant failed to make
payment. Thus, principal amount of Rs.19,076/ is due and payable by
the defendant. Since the defendant failed to pay the principal amount,
the plaintiff is entitled to interest @ 18% p.a.. Despite demand notice
dated 22/03/2018 the defendant failed to pay the amount. At the
institution of the suit the amount due and payable by the defendant was
Rs.29,387/ including interest on the principal amount. Therefore, the
plaintiff requested to grant decree for said amount with interest.
3. Despite service of summons the defendant failed to appear.
Therefore, suit proceeded exparte against the defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed?
Yes
2. What order & decree? As per final order
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SUMMARY SUIT NO.840/2018 3
REASONS
AS TO POINTS NO.1 &2
5. The plaintiff filed chief examination affidavit of its authorized
person P.W.1 Neha at Exh5 and also produced documents below list
Exh.6. The testimony of P.W.1 Neha speaks that the plaintiff sold the
goods to the defendant and invoice for total amount of Rs.19,076/ was
raised. However, despite demand notice dated 22/03/2018 the
defendant failed to pay the amount. At the institution of the suit the
outstanding amount due and payable by the defendant was
Rs.29,387/. The documents that is copy of sales order, invoice, delivery
challan, sales ledger support the contention of the plaintiff. Thus, the
evidence of P.W.1 Neha along with the documents and the circumstance
that the defendant did not challenge case of the plaintiff, prove that the
plaintiff is entitled to recovery of the amount with interest as prayed. In
view of Para499 of Civil Manual court fees has to be refunded to the
plaintiff, this being summary suit where the defendant did not appear.
Hence, point No.1 is answered in the affirmative and in answer to point
No.2 order as follows is passed.
ORDER
1. The suit is exparte decreed with costs as under:
2. The defendant shall pay to the plaintiff amount of Rs.29,387/
(Rupees Twenty Nine Thousand Three Hundred and Eighty Seven
only) with simple interest @ 18% p.a. on the principal amount of
Rs.19,076/ from the date of suit till realization of amount.
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SUMMARY SUIT NO.840/2018 4
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 07/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 07/01/2020
Transcribed on : 07/01/2020
Signed on : 08/01/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08/01/2020 at 11.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 07/01/2020
Judgment/Order signed by P.O. on 08/01/2020
Judgment/Order uploaded on 08/01/2020
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