Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.825/2019 1
Received on : 31-07-2019
Registered on : 20-08-2019
Decided on : 05-02-2020
Duration : 00Y 06M 06D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 825 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-008007-2019)
National Metal Industries
A partnership firm, carrying on
Business at 47/51, Kika Street,
Gulalwadi, 2nd floor, Mumbai-400 004. ....Plaintiff
Versus
1. Metal Austinizers Pvt.Ltd.
A Company incorporated under
the Companies Act, 1956.
2. S.Manoj Kumar,
Age: Adult, Occ.:Business,
Defendants Nos.1 & 2 having
their business address at A-85,
Rajaji Nagar Industrial Estate,
Bangalore 560 010 &
Also having office at A-2/9-1,
Rajaji Nagar Industrial Estate,
Bangalore 560 010. ...Defendants
Appearances:-
Advocate Mr.R.S.Champawat for the Plaintiff.
Defendants Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 5th February 2020
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SUMMARY SUIT NO.825/2019 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,93,105/-
(Rupees One Lakh Ninety Three Thousand One Hundred and Five Only)
with interest at the rate of 24% p.a..
2. According to the plaintiff, it is a registered partnership firm
carrying on business in metal goods. Defendant No.1 is a registered
company which also deals in metal goods. Defendant No.2 is director of
defendant No.1. As per the orders of the defendants the plaintiff sold
metal goods vide invoice dtd.31.05.2018 of Rs.1,55,730/- to the
defendants. The payment of invoice was to be made within 15 days
otherwise interest at the rate of 24% p.a. was chargeable. The goods
were dispatched by VRL logistics transport on 31.05.2018. The goods
were received by the defendants. The defendants issued cheque
dtd.04.03.2019 for Rs.80,000/- and cheque dtd.16.03.2019 for
Rs.75,730/- towards the payment of due amount. However, when the
plaintiff deposited the same cheques, the same were dishonored with
remark 'Funds insufficient'. The plaintiff also issued demand notice
dtd.10.04.2019. However, the defendant did not comply with the
notice. At the institution of the suit, including the amount of interest,
the total amount due and payable by the defendants was Rs.1,93,105/-.
Therefore, the plaintiff claimed recovery of said amount with future
interest.
3. Despite service of summons the defendants failed to appear.
Therefore, the suit proceeded ex-parte against the Defendants.
4. Considering the material on record and submissions made on
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SUMMARY SUIT NO.825/2019 3
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:-
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed?
Affirmative
2. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 & 2:-
5. The plaintiff filed his Claim Affidavit at Exh.6 and also produced
documents with list Exh.87 The Affidavit and the document as the Tax
invoice dtd.31.05.2018, the transport receipts and the cheques
dtd.04.03.2019 and 16.03.2019 reveal that defendants purchased the
goods of Rs.1,55,730/- from the plaintiff and issued the cheques for
total amount of Rs.1,55,730/-, but the same cheques were dishonored.
Thus, the Claim Affidavit, documents on record and the circumstance
that defendants failed to appear and contest/challenge the suit, proved
the case of the plaintiff. Therefore, the plaintiff is entitled to recovery of
the amount with interest as prayed. Hence, point No.1 is answered in
the Affirmative. In view of Para-499 of Civil Manual court fees has to be
refunded to the plaintiff, this being summary suit where the defendants
did not appear. In answer to point No.2 order as follows is passed:-
ORDER
1. The suit is Ex-parte decreed with costs as under.
2. The Defendants No.1 and 2 jointly and severally shall pay to the
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SUMMARY SUIT NO.825/2019 4
plaintiff amount of Rs.1,93,105/- (Rupees One Lakh Ninety Three
Thousand One Hundred and Five Only) with simple interest at the rate
of 24% p.a. on principal amount of Rs.1,55,730/- from the date of suit
till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 05/02/2020 City Civil Court, Gr. Mumbai
Dictated on : 05/02/2020
Signed on : 10/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/02/2020 at 5.00p.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 05/02/2020
Judgment/Order signed by P.O. on 10/02/2020
Judgment/Order uploaded on 17/02/2020
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