Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010078982019
Presented on 30-07-2019
Registered on 19-09-2019
Decided on 08-10-2021
Duration Yrs. M. Days
02 02 09
CNR No. MHCC010078982019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.921 OF 2019
ANUPAM COLOURS & CHEMICALS
INDUSTRIES
A partnership firm under the
The Indian Partnership Act, 1932 having its
Registered Office address: 101-102, Kaveri
Complex, Next to Hotel Holiday Inn,
Jagannath Mandir Road,
Sakinaka Junction,
Mumbai – 400 072, India
Factory address: A-2 / 2324,
III Phase, G.I.D.C.
Industrial Estate, Vapi – 396195,
District: Bulsar, Gujarat, India. ...Plaintiff.
V/s.
ARYA COLOUR CHEM
GST: 23AAZFA8760GIZ0
Plot No.54, Sector-A, Industrial Growth Centre
M
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Borgaon, Sausar, District:Chhindwada,
Madhya Pradesh, Pin:480106
Mobile:09823014388
Email:manish@shardagrp.com
/finance@shardagrp.com ....Defendant.
Appearances:
Ld. Adv Ms. Soumya Kamat for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th October, 2021
J U D G M E N T
(Ex-parte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,77,866/- (Rs. Two Lakh Seventy Seven Thousand Eight
Hundred Sixty Six only) alongwith interest at the rate of 18% per
annum from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff is a partnership firm and is engaged in the business
of manufacturing, supplying, trading, importing and exporting a wide
range of the finest grade of colours and Inorganic Pigments. The
defendant was regular customer of plaintiff. As per common practice
between them, the defendant Company used to place oral order on
phone and by way of email and the plaintiff used to supply the goods as
per the orders. The plaintiff Company used to raise invoice and goods
and it was transported to the defendant Company. The defendant used
to issue C-Forms and the dates of the bill and amount payable. Keeping
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in view the past payment track record of defendant Company the
plaintiff transported the goods to the defendants. However, the
defendant failed to make payments within the specified period of 60
days. The plaintiff issued legal notice dated 19.06.2018 however the
defendant failed to make payment. The defendant admitted their
financial libility and issued three cheques. Two cheques were
dishonoured. Therefore, the plaintiff filed the present suit seeking the
repayment of Rs.2,77,866/- alongwith interest at the rate of 18% per
annum and prayed to decree the suit.
3. The defendant even after service of writ of summons, failed
to appear hence, suit was proceeded Ex-parte against the defendant as
per order dated 18.02.2020.
4. Plaintiff filed his evidence and filed all the original
documents. The plaintiff filed Invoices dated 04.11.2016 and
07.12.2016. The plaintiff filed the cheques and the invoice memos
alongwith lorry receipts and C-Forms issued by the defendant towards
invoices from Exh.6 to Exh.16 respectively. Claim Affidavit Exh.4
alongwith Compilation of Documents vide Exh.5. Plaintiff filed the
Original Promisory Note and Notice of demand vide Exh.6 and 7
respectively. Heard argument advanced by Learned Advocate for
plaintiff. The suit is proceeded Ex-parte. The defendant failed to
appear and challenge the evidence of plaintiff. The defendant also
failed to cross-examine the plaintiff. The documentary evidence and the
oral evidence of plaintiff has gone unchallenged. It seems that plaintiff
supplied the goods to the defendant and raised invoices. The defendant
though accepted the laibility but failed to repay the same. The
defendant issued cheques. However, the cheques were dishonoured.
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The plaintiff also filed the lorry receipts to show that the goods were
transported and received by the defendant. The defendant issued C-
Form towards the same. The defendant failed to fulfill the liability and
therefore, plaintiff is entitled for the decreetal amount.
5. The plaintiff is claiming interest at the rate of 18% per
annum towards the outstanding due payment. It seems that the rate of
interest of 18% per annum is exorbitant and therefore, the interest at
the rate of 9% per annum would meet the ends of Justice. I, therefore,
proceed to pass the following order:
ORDER
1. The Summary Suit no. 921 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,77,866/-(Rs. Two Lakh
Seventy Seven Thousand Eight Hundred Sixty Six only) to the plaintiff
alongwith interest at the rate of 9 percent per annum from the date of
filing the suit till its actual realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 08-10-2021 City Civil Court, Gr. MUMBAI
Dictated on : 08-10-2021
Transcribed on : 11-10-2021
checked on : 20-10-2021
Signed on : 20-10-2021
( 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”
20.10.2021 at 05.32 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
08.10.2021
Judgment/order signed by P.O. on 20.10.2021
Judgment/order uploaded on 20.10.2021
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