Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Summ. Suit No.854/2019
Filed on : 02.08.2019
Registered on : 29.08.2019
Decided on : 03.03.2020.
Duration : Year-00 Month-07 Days-03
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 854 OF 2019
(CNR NO.MHCC01-008093-2019)
Exhibit-17
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. Nagesh Bhagwat (Principal)
Address - Shiram Vidhyalay,
Behind Datta Mandir, Manglawedha Road,
Javala at Post Javala, Taluka Sangola,
Dist Solapur 413307.
2. Shriram Vidhyalay
Address- Miraj Road,
At & Post: Hated- 413 307
Maharashtra
... Defendant
SUIT FOR RECOVERY OF RS.46,320.66ps
Appearance:-
Ms. Hetal Vakil Advocate for the plaintiff.
Exparte against Defendant.
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Judgment 2 Summ. Suit No.854/2019
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 03rd March, 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 Pursuance of the
purchase order of the defendant dated 04.08.2016, plaintiff sold,
supplied and delivered to the defendant the goods vide invoice dated
12.08.2016. The defendant but failed to pay the total sum of
Rs.27,809/- inspite of various requests made by the plaintiff and receipt
of legal notice dated 22.03.2019. According to the plaintiff defendant is
liable to pay amount of Rs.46,320.66ps. on the date of the filing of the
suit. Hence, plaintiff is constrained to file the suit for recovery of the
said amount. The total suit claim of the plaintiff for Rs.46,320.66ps.
3. The suit summons were duly served on the defendant 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.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:-
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Judgment 3 Summ. Suit No.854/2019
Sr.
No.
POINTS FINDINGS.
1. What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.46,320.66ps/-
with interest
@ 18 % per annum
on principal amount
of Rs.27,809/-
2. What order and decree? As per final order.
REASONS
5. Ms. Hima Gosalia file Affidavit in Examination in Chief in
Evidence of the plaintiff on Exhibit-06. 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 dated 04.08.2016
11 Original L.R. No.291 12.08.2016
12 Office copy of Invoice 12.08.2016
13 Office copy of Sales ledger 01.04.2016 to
23.07.2019
14 Office copy of Notice 22.03.2019
15 Original Postal Receipt 22.03.2019
16 Original Registered A.D. Card --
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit-8
to 16 go to establish that plaintiff has supplied goods to the defendant.
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Judgment 4 Summ. Suit No.854/2019
The documents further prove that the amount of Rs.46,320.66ps is due
and payable to the plaintiff company from defendant towards delivered
of goods. But, defendant failed to pay total amount of Rs.46,320.66ps
towards purchase of goods. The documents at list Exhibit-8 to 16 go to
establish that defendant is liable to pay Rs.46,320.66ps to the plaintiff
on the date of filing of the suit towards the purchase of goods and
therefore the defendant 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.46,320.66ps from the defendant.
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.27,809/-. 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.46,320.66ps from the defendant with
interest at the rate of Rs.18% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from the defendant. Hence, in answered to point no.2, I proceed to pass
the following order :
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Judgment 5 Summ. Suit No.854/2019
: ORDER:
1. The defendants shall pay Rs.46,320.66ps/- (Rs. Forty
Six Thousand Three Hundred Twenty and Sixty Six
paise Only) to the plaintiff and he shall also pay with
interest on principal amount of Rs.27,809/- at the rate
of 18% per annum from the date of filing of the suit
till its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(S. G. Shaikh)
Ad-hoc Judge
City Civil Court,
Date :03.03.2020 Gr. Bombay
Typed on : 03.03.2020.
Described on : 03.03.2020.
Signed on : 03.03.2020.
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Judgment 6 Summ. Suit No.854/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
03.03.2020 5.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 03.03.2020
Order signed by P.O. on 03.03.2020
Order uploaded on 03.03.2020
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