Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010079152019 Presented on 30/07/2019
Registered on 21/08/2019
Decided on 19/05/2025
Duration 05Y: 09M: 20D
Exhibit 26
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 841 OF 2019
Jeevandeep Edumedia Pvt. Ltd., ]
Having registered office at ]
Sun Paradise Business Plaza, ]
First Floor, Senapati Bapat Marg, ]
Lower Parel, Mumbai 400 013. ]
Through its Authorized Representative ]
Ms. Hima Amit Gosalia ]
Age: 26 years, Occupation: Service ]...Plaintiff
Vs. ]
1. Mr. Ramdas Mane ]
Secretary KalambBarshi Road ]
At & Post: massa Khandeshwari-413507 ]
Tal: Kalamb, Dist: Osmanabad, ]
Maharashtra. ]...deleted
At Post: Shingoli, Tal: Kallamb ]
Dist: Osmanabad-413405, Maharashtra ]
Mobile No. 9657656631. ]
2. Siddhivinayak Balbhavan ]
Kalamb Barshi Road ]
At & Post: massa Khandeshwari-413507 ]
Tal: Kalamb, Dist: Osmanabad, ]
Maharashtra. ]...deleted
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At Post: Shingoli, Tal: Kallamb ]
Dist: Osmanabad-413405, Maharashtra ]
Mobile No. 9657656631. ]...Defendants
Appearance :-
Ld. Advocate Mr. Jitendra Gupta h/f. J. R. Vakil & Associates for
plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 19/05/2025.
JUDGMENT
( Dictated and pronounced in open Court)
01] This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (CPC) for recovery of amount of
Rs.41,904 alongwith further interest.
Brief facts of the plaintiff’s case may be summarized as under:
02] The plaintiff is a Private Limited registered company and
carrying on business as educational publishers under name and style as
'Jeevandeep Edumedia Pvt. Ltd.', previously it was known as
(Jeevandeep Prakashan Pvt. Ltd.). Plaintiff company has authorized
Mrs. Neha Nachiket Kulkarni, as its representative of plaintiff.
Defendant No.2 is a School and defendant No.1 is a Secretary of
defendant No. 2, who is liable for day to day affairs of defendant No.2
School. As per plaintiff, it had supplied goods to defendants as per
verbal and purchase order by Gujarat Transport Services and Tirupati
Courier Services Pvt. Ltd. The plaintiff has supplied goods to the tune
of Rs.27,413/- and raised invoice bearing No.PT70134 dated
08/08/2016. Further, if defendant fails to pay due amount then
plaintiff is entitled to charge interest at the rate of 18% p.a. As
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defendants failed to pay amount to the plaintiff, they had issued legal
notice dated 16/05/2019 by RPAD to the defendants and called upon
to pay an amount of Rs. 27,413/- alongwith interest. The said notice
returned with the remark, ‘closed’. Therefore, plaintiff is entitled for
an amount of Rs.41,904/- including interest and further interest. So far
as limitation, cause of action arose on 08/08/2016, therefore suit is
within limitation. Hence, this suit.
03] The writ of summons sent to the defendants is returned
with remark, "refused". Therefore, writ of summons is deemed to be
served on the defendants. As defendants failed to appear therefore,
order was passed to proceed matter ex-parte against them on
08/01/2024.
04] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover an amount of
Rs.41,904/- from defendants?
If yes, at what rate of interest?
Yes, defendants shall pay to the
plaintiff simple interest on
Rs.27,413/- at the rate of 7% p.a
from 30/07/2019, the date of filing
of suit till its full realization.
2. What order and decree? As per final order.
05] In support of claim, the plaintiff has filed affidavit of claim
of Ms.Swati Arvindkumar Kalatme as P.W.1, an authorized
representative of plaintiff at Exh.10 and additional evidence at
Exh.10A, who has reiterated her contention in the plaint for recovery
of Rs.41,904/- along with the further interest at the rate of 18% p.a.
from defendants. The plaintiff has filed and relied upon the following
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documents at Exh.11. Plaintiff has filed evidence closed pursis at
Exh. 24.
Sr.
No. Exhibit Particulars
1 Exh.12 colly. Original Board resolution dated 25/02/2019 and
05/08/2023
2 Exh.13 Original lorry receipt dated 08/08/2016
3 Exh. 14 Office copy of Invoice dated 08/08/2016
4 Exh. 15 colly
Office copy of sales ledger dated 01/04/2016 to
27/04/2019 supported by certificate u/s. 65B of The
Indian Evidence Act
5 Exh.16 colly Office copy of notice dated 16/05/2019 along with
original Postal receipt
6 Exh.17 Returned envelope
7 Exh.23 Original purchase order bearing No.36424.
R E A S O N S
As to points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence on record.
Heard Ld. counsel for plaintiff. The plaintiff witness Swati P.W.1 has
reiterated the contentions in the plaint in her evidence affidavit at Exh.
10 and 10A. Plaintiff has filed Extract of Board Resolution dated
25/02/2019 and 05/08/2023 at Exh. 12 colly to show that Mrs. Neha
Nachiket Kulkarni is authorized to file suit and Miss. Swati Kalatme
P.W.1 is authorized to depose in the present suit. Further, it has come
in the evidence of plaintiff that as per purchase order bearing
No.36424 at Exh.23 received from defendants, plaintiff supplied and
delivered goods to the defendants through Transporters Amar Travels.
The plaintiff has raised invoice dated 08/08/2016 at Exh.14. Further,
plaintiff to support its contention that goods were transported through
transporter has filed Lorry Receipt dated 08/08/2016 at Exh.13 on
record. The plaintiff has filed Certificate u/s. 65B of Indian Evidence
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Act at Exh.19. It is pertinent to note that plaintiff has specifically
pleaded that goods were supplied through transports as discussed
above to defendants.
07] It has further come in the evidence of plaintiff that invoice
was raised against defendants to the tune of Rs.27,413/-. As
defendants failed to pay outstanding amount, plaintiff had issued legal
notice dated 16/05/2019 at Exh. 16colly. to defendants which are
returned with remark, ‘refused’. However, defendants failed to pay
outstanding amount to plaintiff and also failed to reply to said notice.
The plaintiff in order to support its contention that an amount of
Rs.27,413/- is due against defendants has filed extract of ledger
account along with certificate u/s. 65 B of the Indian Evidence Act at
Exh.15 colly. Further, as defendants have not appeared in the matter
and have not cross examined the plaintiff witness. Therefore, evidence
of plaintiff has remained unchallenged. Thus, considering the facts and
circumstances of the case as well as oral and documentary of evidence
on record, I am of the view that plaintiff has proved that as per
purchase order, they had supplied and delivered goods to the
defendants.
08] So far as limitation is concerned, the invoice is dated
08/08/2016 and suit is filed on 30/07/2019. Therefore, suit is within
limitation. Thus, as discussed above, plaintiff has proved its
contentions therefore plaintiff is entitled for amount of Rs. 27,413/-
and interest Rs.14,491/- at the rate of 18% p.a., total amounting to
Rs.41,904/- from defendants jointly and severally along with interest.
09] Even, I hold that the plaintiff is entitled to the further
interest on the said amount from the date of filing the suit till
realization of amount. The plaintiff has prayed for the further interest
at the rate of 18% p.a. on the basis of invoice. However, I am of the
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view that the same is excessive as compared to rate of interest of
Nationalized Banks. Therefore, having regard to the provision of
section 34 of the Civil Procedure Code, I am of the view that granting
the interest at the rate of 7% p. a on the principal amount would be
just, proper and reasonable. Hence, I hold that the plaintiff is entitled
to further interest at the rate of 7% p.a. on the principal amount, from
the date of filing the suit till its full realization. Further, as discussed
above, defendant No.2 is a school and defendant No.1 is Secretary of
defendant No.2. Therefore, they are jointly and severally are liable to
pay outstanding amount with interest to the plaintiff. Hence, I answer
point No. 1 accordingly. In the result, in answer to point No. 2, I
proceed to pass following order.
O R D E R
1) Summary Suit No. 841 of 2019 is hereby decreed with the costs.
2) The defendants shall jointly or/and severally pay an amount of
Rs.41,904/- (Rupees Forty One Thousand Nine Hundred and
Four only) to the plaintiff.
3) The defendants shall pay to the plaintiff simple interest on
Rs.27,413/- at the rate of 7% p.a. from 30/07/2019, the date of
filing of suit till its full realization.
4) The plaintiff may be entitled to get refund the court fees paid, if
provided for in Rules.
5) The decree be drawn up accordingly.
(Sangram S.Shinde)
Ad-hoc Judge,
City Civil Court, Mazgaon, Mumbai.
Dated: 19/05/2025 C.R.No.81
Dictated on: 19/05/2025
Corrected & signed on: 20/05/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
21/05/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 19/05/2025
JUDGMENT/ORDER signed by P. O. on 20/05/2025
JUDGMENT/ORDER uploaded on 21/05/2025
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