Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 725/21. 1 Ex-parte Judgment (Exh.19).
MHCC010079272018
Presented on : 02-07-2018
Registered on : 06-09-2018
Decided on : 07-03-2022
Duration : 3 years, 8 months, 5 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 725 OF 2021
(ORIGINAL SUMMARY SUIT NO. 946 OF 2018)
Exh.19.
Thomson Reuters India Private Limited )
Refinitiv India Pvt. Ltd. )
A company incorporated under the )
Provisions of the Companies Act, 1956 )
And having its Corporate office at )
12th Floor, Tower 1C, One India Bulls )
Centre, Senapati Bapat Marg, )
Elphinstone Road, Lower Parel, )
Mumbai 400013, Maharashtra, India )...Plaintiff
Versus
Banwari Lal Khaitan, adult Indian Inhabitant )
Residing at 604, Flora Apartment, Sector 19, )
Near Sector Police Station, Faridabad 121001 )...Defendant
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 7th MARCH, 2022.
Ms. Charusheela More, Advocate for the plaintiff.
Defendant – (Exparte).
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Comm.Suit No. 725/21. 2 Ex-parte Judgment (Exh.19).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a leading company in India engaged
in the business of providing information and technology based business
solutions and is a part of the reuters group. The defendant carries on
business at Faridabad. The defendant subscribed to certain services
provided by the plaintiff as per agreement dated 13/10/2014 (Exh.6)
for the price of USD $331 payable in INR at the exchange rate
prescribed by the RBI. Accordingly, security deposit of Rs.1,37,793/
was paid by the defendant. The parties were required to give 12
months notice prior to termination of the agreement as per clause 2.2 of
the agreement. If payment of the invoices is not made within stipulated
period, interest at the rate of 1.5% per month can be charged. The
billing would commence from 01/07/2014. The defendant admitted
use of Eikon services for one year and change of his billing address as
per email dated 26/09/2014 (Exh.9). As the defendant continued to
use services and failed to make payment of invoices from 01/07/2015,
he is liable to pay interest at the rate of 18% p.a. on outstanding
amount as per invoices issued during 01/07/2015 to 05/07/2015. The
plaintiff had sent emails dated 08/12/2016 and 05/01/2017 (Exh.10
colly.) to the defendant with copies of invoices, but in vain. Total
amount of Rs.5,96,143.84 is outstanding as per breach of contract
notice dated 28/04/2017 (Exh.11). One more notice dated
11/09/2017 (Exh.12 colly.) was issued to the defendant, but it does not
yield the result. Ultimately, the plaintiff filed the suit for recovery of
outstanding amount of Rs.6,54,450/ as per invoices (Exh.14 colly.).
The plaintiff also claimed further interest thereon at the rate of 18%
p.a. from the date of the suit till realization with costs.
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Comm.Suit No. 725/21. 3 Ex-parte Judgment (Exh.19).
3. The defendant is duly served with writ of summons as per
affidavit of service dated 10/09/2018, but he failed to appear and
oppose the claim of the plaintiff. Therefore, I passed the exparte order
against him on 08/12/2021.
4. PW 1 Yogesh Gadkari is the Manager of the plaintiff,
deposed on evidence affidavit (Exh.4) and proved documents filed with
list of documents (Exh.5). Proved documents are at Exh.6 to 17. The
plaintiff closed evidence vide pursis (Exh.18). Heard learned counsel
Miss Charusheela More for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.6,54,450/ from the defendant ? If
yes, at what rate of interest ? In the Affirmative.
@ 18% p.a.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is decreed.
REASONS
AS TO POINTS NO.1 AND 2 :
6. PW 1 Yogesh Gadkari has specifically stated that the
services were provided to the defendant in the form of product EIKON
FOR INDIA as per the agreement dated 13/10/2014 (Exh.6). He
further proved the cheque (Exh.8) regarding payment of deposit
amount of Rs.1,37,793/ by the defendant. In addition to it, email
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Comm.Suit No. 725/21. 4 Ex-parte Judgment (Exh.19).
conversations between the parties prove the fact of services rendered by
the plaintiff. Accordingly, invoices (Exh.14 colly.) were forwarded to
the defendant, but payment of outstanding amount was not made. Two
notices (Exh.11 and 12) are sent to the defendant and the second notice
is duly served, but no payment is made. The plaintiff has proved his
case with the help of oral and documentary evidence.
7. So far as interest rate is concerned, the plaintiff has claimed
interest on the strength of clause 3.2 in the agreement (Exh.6) and it is
liable to be granted. Costs of the suit is liable to be imposed on the
defendant. In the light of above discussion, I record my finding as to
point no.1 in the affirmative. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 725/2021 is decreed.
2. The defendant is directed to pay amount of Rs.6,54,450/
(Rupees Six Lakhs Fiftyfour Thousand Four Hundred Fifty
Only) to the plaintiff with interest @ 18% p.a. from the
date of the suit till the date of realization within three
months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge, City Civil Court,
(Court Room No.31)
Date : 07/03/2022. Mumbai.
1. Dictated online on : 07/03/2022.
2. Signed on : 08/03/2022.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 725/21. 5 Ex-parte Judgment (Exh.19).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
08/03/2022. 1.55 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 07/03/2022.
Judgment/Order signed by P.O. on 08/03/2022.
Judgment/Order uploaded on 08/03/2022.
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