Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 120/19. 1 Ex-parte Judgment.
MHCC010080872019
Presented on : 02-08-2019
Registered on : 25-09-2019
Decided on : 19-03-2021
Duration : 1 years, 7 months, 17 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 120 OF 2019
Exh.26.
Shalina Laboratories Private Limited, )
a company incorporated under the )
Indian Companies Act, 1956 having its )
registered office at 96, Maker ChambersVI, )
Nariman Point, Mumbai – 400 021 )...Plaintiff
Versus
Lifespan Biotech Pvt. Ltd. )
a company incorporated under the )
Indian Companies Act, 1956 having its )
registered office at Plot No.36, )
New Industrial AreaII, Mandideep Raisen )
Raisen MP )
&
also having office at factory at E7/88, )
Lala Lajpat Rai Society, Arera Colony )
Bhopal – 462016 MP India )...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 19th MARCH, 2021.
Mr. Jayesh Mestry, Advocate for Plaintiff.
None for Defendants. (Exparte ).
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Comm.Suit No. 120/19. 2 Ex-parte Judgment.
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.9,17,203/ (Rupees Nine
Lakhs Seventeen Thousand Two Hundred Three Only) with interest at
the rate of 15% p.a. According to plaintiff, principal amount is
Rs.7,81,920/ (Rupees Seven Lakhs Eightyone Thousand Nine Hundred
Twenty Only). Suit is based on advance payment by NEFT/echeque
and invoices.
Plaintiff’s case is narrated as follows :
2. Plaintiff is a registered company under the Companies Act,
1956. Plaintiff company is engaged in the business of pharmaceutical
and healthcare products. Defendant company deals in the business of
manufacturing of injections. During July2017 it was agreed to
manufacture injection namely LArtem for plaintiff. It was mutually
agreed that defendant shall manufacture and supply the product to the
plaintiff as per terms and conditions specified in the purchase order.
3. Accordingly plaintiff has raised two purchase orders
bearing No.1581 dated 17/07/2017 and purchase order 48301 dated
29/11/2017. Both purchase orders were aggregating for sum of
Rs.26,06,400/ (Rupees Twentysix Lakhs Six Thousand Four Hundred
Only). In view of email correspondence, it was agreed to pay 30%
against the issue of proforma invoice and balance 70% against the
delivery of the product. Accordingly on 18/01/2018 plaintiff has
transferred the amount of Rs.7,81,920/ (Rupees Seven Lakhs Eighty
one Thousand Nine Hundred Twenty Only) to the account of defendant.
It was transferred without GST as delivery of the product was awaiting.
As plaintiff has not received the product, he sent an email on
05/05/2018. There was email correspondence between both side,
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Comm.Suit No. 120/19. 3 Ex-parte Judgment.
however, plaintiff is failed to receive the product as agreed between
them. Hence, plaintiff sent a legal notice on 30/01/2019. Plaintiff has
neither received the product nor the amount advanced. Hence, this
suit.
4. Defendant is failed to appear in preinstitution mediation.
The postal envelope is received with an endorsement “Left”. In view of
service report vide Exh.5, summons by RPAD came to be delivered to
the defendant. Hence, as per order in roznama dated 14/02/2020, suit
is proceeded exparte against the defendant.
5. To substantiate the claim, plaintiff has examined one
witness. PW 1 Jeetu Shamdasani deposed that in view of invoices
Exh.9 and 10, it was agreed between the parties that defendant will
manufacture the injection namely LArtem for the plaintiff. In view of
invoices raised between them, plaintiff has transferred the amount of
Rs.7,81,920/ (Rupees Seven Lakhs Eightyone Thousand Nine Hundred
Twenty Only) by RTGS/NEFT to the account of defendant. Perused e
mail conversation between both vide Exh.11 to 19.
6. Plaintiff has not received the product as agreed nor the
advance payment. Hence, plaintiff issued a legal notice on
30/01/2019. It was remained unreplied on the part of defendant.
Plaintiff has annexed particular of claim vide Exh.23. Plaintiff has
calculated the interest in filing suit at the rate of 15% p.a. Absence of
defendant infers his disinterest to contest the suit. It also infers that
defendant admits the claim. Resultantly, suit deserves to be decreed.
7. The interest at the rate of 15% p.a. appears to be
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Comm.Suit No. 120/19. 4 Ex-parte Judgment.
exorbitant. The interest at the rate of 12% p.a. appears to be
reasonable. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.9,17,203/ (Rupees
Nine Lakhs Seventeen Thousand Two Hundred Three Only)
with interest @ 12% p.a. from the date of suit till
realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 19/03/2021. Mumbai.
1. Dictated on : 19/03/2021.
2. Transcribed on : 23/03/2021.
3. Signed on : 23/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/03/2021. 5.14 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 19/03/2021.
Judgment/Order signed by P.O. on 23/03/2021.
Judgment/Order uploaded on 23/03/2021.
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