Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.808/2019
Filed on : 30.07.2019
Registered on : 08.08.2019
Decided on : 20.02.2020.
Duration : Year-00 Month-06 Days-14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 808 OF 2019
(CNR NO.MHCC01-007916-2019)
Exhibit-18
Jeevandeep Edumedia Pvt. Ltd.
Having Reg. Office at Sun Paradise Business Plaza,
1st floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Assistant
Mrs. Neha Nachiket Kulkarni,
Age : 28 years. ...Plaintiff
V/s.
1. Mr. degaraj Manohar Mhaske (Director)
Chhatrapati Shahu Maharaj,
Prathmik Vidhyalay,
Address: At.: Avalgaon,
Land Mark: Near Samaj Mandir,
Parbhani 431 516. Tal.: Sonpeth.
Dist.: Maharashtra.
2. Chhatrapati Shahu Maharaj,
Prathmik Vidhyalay,
Address: At.: Avalgaon,
Land Mark: Near Samaj Mandir,
Parbhani 431 516. Tal.: Sonpeth.
Dist.: Maharashtra.
... Defendants
SUIT FOR RECOVERY OF RS.29,844/-
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Judgment 2 Summ. Suit No.808/2019
Appearance:-
Ms. Hetal Vakil I/b M/s. J.R. Vakil & Associates, Advocate for the
plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 20th February, 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 is a private limited company under the Companies
Act doing business as educational publishers. In Pursuant of the
purchase order of the defendants the plaintiff has supplied goods worth
Rs.43,778/- and plaintiff has issued invoice dated 10.08.2016 for the
said goods in the name of defendants. According to the plaintiff
defendants has failed to pay balance amount of Rs.19,539/-. It is the
case of plaintiff that amount of Rs.29,844/- is duel payable by the
defendants. The defendants but failed to pay the total sum of
Rs.29,844/- inspite of various requests made by the plaintiff and receipt
of legal notice dated 23.03.2019 Hence, plaintiff is constrained to file
the suit for recovery of the said amount. The total suit claim of the
plaintiff for Rs.29,844/-.
3. The suit summons were duly served on the Defendants 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.
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Judgment 3 Summ. Suit No.808/2019
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
Defendants to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.29,844/- with
interest
@ 18 % per annum.
2. What order and decree? As per final order.
REASONS
5. The witness Ms. Hima Gosalia has filed her affidavit at Exhibit-6.
In order to prove the case of the plaintiff filed following documentary
evidence.
Exhibit.
No.
Description of documents Date
8 Copy of Board Resolution 25.02.2019
9 Copy of Board Resolution 03.02.2020
10 Original Purchase Order 08.08.2016
11 Original L.R. No.03836132 10.08.2016
12 Copy of Invoice 10.08.2016
13 Copy of Sales Debit 31.03.2017
14 Office copy of Sales Ledger 01.04.2016 to
09.07.2019
15 Office copy of Notice 23.03.2019
16 Original Postal Receipt 25.03.2019
17 Original Reg A.D. Card --
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Judgment 4 Summ. Suit No.808/2019
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-8
to 17 goes to establish that plaintiff has supplied goods to the
Defendants. The documents further prove that the amount of
Rs.29,844/- is due and payable to the plaintiff company from
Defendants towards delivered of goods. But, Defendants failed to pay
total amount of Rs.29,844/- towards purchase of goods. The documents
at list Exhibit-8 to Exhibit-17 go to establish that Defendants is liable to
pay Rs.29,844/- to the plaintiff on the date of filing of the suit towards
the purchase of goods and therefore the Defendants is avoid to pay the
balance amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.29,844/- from the Defendants.
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 6% 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
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest at the rate of 18% per annum
would be just and proper to be awarded on the principal sum adjudged
i.e. amount of Rs.29,844/-. 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.29,844/- from the Defendants with
interest at the rate of Rs.18% per annum from the date of filing of the
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Judgment 5 Summ. Suit No.808/2019
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the Defendants. Hence, in answered to point no.2, I proceed to
pass the following order :
: ORDER:
1. The Defendants shall pay Rs.29,844/- (Rs. Twenty
Nine thousand eight hundred and forty four Only) to
the plaintiff with interest at the rate of 18% per
annum from the date of filing of the 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)
Ad-hoc Judge
City Civil Court,
Date :20.02.2020 Gr. Bombay
Typed on : 20.02.2020.
Described on : 20.02.2020.
Signed on : 20.02.2020.
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Judgment 6 Summ. Suit No.808/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
20.02.2020 05.20 p.m.
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 20.02.2020
Order signed by P.O. on 20.02.2020
Order uploaded on 20.02.2020
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