Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Sum. Suit No.940 of 2019
MHCC010081842019 Presented on 05/08/2019
Registered on 20/09/2019
Decided on 21/08/2026
Duration 07Y: 00M: 16D
Exhibit
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO.940 OF 2019
Chetana Education Limited,
Previously known as Chetana Publications
(India) LLP and then changed to Chetana
Education LLP),
Office Address:- 4th Floor, B Wing, Building ‘E’,
Trade Link, Kamla City, above Bombay Canteen,
Lower Parel, Mumbai-400 013 through Shaji
John, Age:-57 years, Authorized Signatory of the
Plaintiff.
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] ...Plaintiff
Versus
1.St. Thomas English High School
Address: Bharat Wadi Bilal Pada, Nallasopara
West, Dist Thane 401209.
2.Sanjeev Kujmar Ramnaik Singh,
Age-Adult, C/o. St. Thomas English High School
Address: Bharat Wadi Bilal Pada, Nallasopara
West, Dist Thane 401209.
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Appearance :
Ld. Advocate Mr. Sudhakar Lakhani for the plaintiff.
Defendant Nos.1 and 2 -Ex-parte.
CORAM : HHJ SHRI S. S. PARAVE
(C.R.No.84)
DATE : 21/08/2026
J U D G M E N T
This is summary suit filed under Order XXXVII of Code of
Civil Procedure, 1908 for recovery of amount of Rs.1,34,995/- (Rs. One
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Judgment 2 Sum. Suit No.940 of 2019
Lakh Thirty-Four Thousand Nine Hundred and Ninety-Five Only) along-
with future interest on Rs.1,00,000/- (Rs. One Lakh Only).
In short, the case of the plaintiff as follows:-
2. The plaintiff is a company registered under the provision of
Company Act, 2013. It was previously known as Chetana Education LLP
and before that it was known as Chetana Publications (India) LLP.
Defendant No.1 is the educational institute and defendant No.2 is one
of the trustees of defendant No.1. In the month of June, 2017, as per
the requirement of the defendants, the plaintiff sold and supplied
educational books to it on credit basis. The defendants were under
obligation to pay interest @18% p.a. on the amount outstanding after
30 days from the date of invoice.
3. It is further case of the plaintiff that the defendants used to
make payment of the price of the books from time to time. They have
also returned the books of Rs.85,905/- (Eighty-Five Thousand Nine
Hundred and Five Only). Thus, on 12.12.2017, an amount of
Rs.1,29,655/- (Rs. One Lakh Twenty-Nine Thousand Six Hundred and
Fifty-Five Only) was outstanding towards the defendants. Out of it they
paid an amount of Rs.29,655/- (Rs. Twenty-Nine Thousand Six
Hundred and Fifty-Five Only) by way of cheque. However, the another
cheque issued towards the payment of remaining amount of
Rs.1,00,000/- (Rs. One Lakh Only) was dishonored on 22.06.2018.
4. It is further case of the plaintiff that in spite of the
repeated demands, the defendants failed to pay the balance amount
Rs.1,00,000/- (Rs. One Lakh Only). According to the plaintiff, on the
date of the filing of the present suit an amount of Rs.1,34,995/- (Rs.
One Lakh Thirty-Four Thousand Nine Hundred and Ninety-Five Only)
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Judgment 3 Sum. Suit No.940 of 2019
was due and payable towards the defendants. In the circumstances,
cause of action arose to file present suit for recovery of an amount of
Rs.1,34,995/- (Rs. One Lakh Thirty-Four Thousand Nine Hundred and
Ninety-Five Only) outstanding towards the defendants on the date of
filing of the suit. In the circumstance, the plaintiff filed present suit and
requested for money decree directing the defendants to pay, jointly and
severely, an amount of Rs.1,34,995/- (Rs. One Lakh Thirty-Four
Thousand Nine Hundred and Ninety-Five Only) along-with future
interest on Rs.1,00,000/- (Rs. One Lakh Only).
5. The writ of summons was served on the defendants. They
failed to appear. Hence, as per order dated 24.09.2021 the suit
proceeded ex-parte against them.
6. Points for determination and my findings thereon along-
with reasons stated thereto are as follows:-
Sr.
No.
POINTS FINDINGS
1. What is due and payable? An amount of Rs.1,34,995/-
(Rs. One Lakh Thirty-Four
Thousand Nine Hundred and
Ninety-Five Only)
2. Whether the plaintiff is
entitled for the suit claim?
If, yes to what extend and
from whom?
Yes to the extent of
Rs.1,34,995/- (Rs. One Lakh
Thirty-Four Thousand Nine
Hundred and Ninety-Five Only)
from defendant No.1 along-with
future interest @18% p.a. on
Rs.1,00,000/- (Rs. One Lakh
Only)
3. What order ? As per final order.
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Judgment 4 Sum. Suit No.940 of 2019
R E A S O N S
AS TO POINT NO.1:-
7. In order to substantiate its case the plaintiff company
examined its Authorized representative namely Shaji John (P.W. No.1)
(Exh.7). He states in his evidence that in the month of June, 2017, as
per the requirement of the defendants, the plaintiff sold and supplied
educational books to it on credit under various invoices. The
defendants, from time to time, used to make payment of the books
purchased.
8. Mr. Shaji John (PW-1) further states in his evidence that on
12.12.2017 an amount of Rs.1,29,655/- (Rs. One Lakh Twenty Nine
Thousand Six Hundred and Fifty-Five Only) was outstanding towards
the defendants. For the payment of the said amount the defendants
have issued two cheques. Out of it cheque of Rs.1,00,000/- (Rs. One
Lakh Only) was dishonored on 22.06.2018 for the reason fund
insufficient. The oral evidence of Mr. Shaji John (P.W. No.1) as well as
the documents placed on record are not challenged by the defendants.
Hence, there is no reason to reject the same.
9. True copy of the board resolution dated 22.01.2024
(Exh.17) shows that Mr. Shaji John (P.W. No.1) is the duly appointed
representative of the plaintiff company. Tax invoice Nos.17/9842.01,
17/9834.01 (Exh.10 and 11 respectively) shows that during the period
of 13.06.2017 and 17.06.2017 the defendant No.1 purchased various
books from the plaintiff company. The ledger extract (Exh.18) shows
that defendant No.1 purchased books from the plaintiff company and at
the end of 28.02.2018 an amount of Rs.1,29,655/- (Rs. One Lakh
Twenty Nine Thousand Six Hundred and Fifty-Five Only) was
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Judgment 5 Sum. Suit No.940 of 2019
outstanding towards the defendants.
10. Mr. Shaji John (PW-1) states in his evidence that the
plaintiff company received an amount of Rs.29,655/- (Rs. One Lakh
Twenty Nine Thousand Six Hundred and Fifty-Five Only) by way of
cheque out of the remaining Rs.1,29,655/- (Rs. One Lakh Twenty Nine
Thousand Six Hundred and Fifty-Five Only). However, cheque Exh.13
issued towards the payment of remaining Rs.1,00,000/- (Rs.One Lakh
Only) was dishonored on 13.08.2018. The factum of issuance of cheque
Exh.13 towards the payment of the balance amount of Rs.1,00,000/-
(Rs. One Lakh Only) is not challenged by the defendants. The factum of
dishonored of cheque Exh.13 is also evident from cheque return memo
Exh.14 placed on record. In the circumstances, it is clear that on
13.08.2018 an amount of Rs.1,00,000/- (Rs. One Lakh Only) was
outstanding towards the defendants.
11. The oral evidence of Mr. Shaji John (PW-1) and cheque
Exh.13 makes clear that the defendants have issued cheques Exh.13
towards the payment of outstanding amount. On the proof of execution
of cheque presumption vide section 118 and 139 of the Negotiable
Instruments Act can be raised. On the basis of presumption it will have
to be presumed that the cheque was made for consideration and it was
drawn toward the legally enforcement debt and liability. The oral as
well as documentary evidence adduced by the plaintiff is not challenged
by the defendants hence, the presumptions remained unrebutted in the
circumstances it will have to be concluded that the cheque (Exh.13) was
issued towards the discharge of legally enforceable debt or liability.
Cheque returned memo Exh.14 shows that cheque Exh.13 was
dishonored. Hence, it is clear that an amount of Rs.1,00,000/- is
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Judgment 6 Sum. Suit No.940 of 2019
outstanding towards the defendants.
12. Mr. Shaji John (P.W. No.1) further states in his evidence
that as per the agreed terms interest @18% p.a. was applicable if the
amount is not paid after 30 days from the date of invoice. On perusal of
invoices Exh.10 and Exh.11 it can be concluded that defendant No.1
was under obligation to pay interest @18% p.a. if the payment is not
made after 30 days from the date of invoice. Herein, the books were
sold in the month of June, 2017 and the price of the books was
outstanding till the month of August, 2018 shows that the defendants
have not paid the outstanding amount within 30 days from the date of
invoices Exh.10 and Exh.11. In the circumstances on application of
agreed rate of interest on the outstanding amount from 13.08.2018 till
the date of filing of present suit it said that the outstanding amount is
far more than Rs.1,34,995/- (Rs. One Lakh Thirty-Four Thousand Nine
Hundred and Ninety-Five Only). However, herein the plaintiff is
claiming an amount of Rs.1,34,995/- (Rs. One Lakh Thirty-Four
Thousand Nine Hundred and Ninety-Five Only) as an outstanding
amount on the date of the filing of the suit. In the circumstances, it
becomes clear that on the date of the filing present suit an amount of
Rs.1,34,995/- (Rs. One Lakh Thirty-Four Thousand Nine Hundred and
Ninety-Five Only) was due and payable towards the defendant No.1.
Hence, I answer point No.1 in the affirmative to that extend.
As to point no.2
13. In view of affirmative finding to the point no.1 it is clear
that an amount of Rs.1,34,995/- (Rs. One Lakh Thirty-Four Thousand
Nine Hundred and Ninety-Five Only) is outstanding towards the
defendant No.1 on the date of filing of present suit. It is also clear that
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Judgment 7 Sum. Suit No.940 of 2019
last invoice (Exh.10) is dated 14.06.2017. After the 30 days from
14.06.2017, the credit account ran disorderly. Hence, the period of
limitation begins to run from 14.06.2017. The present suit came to file
on 05.08.2019. In the circumstances, it can be said that the suit is filed
within 3 years from the date on which the amount becomes due. Hence
the suit is well within limitation.
14. Herein, it appears that defendant No.1 is a trust running
educational institute, while defendant No.2 is its one of the trustees. As
above discussed an amount of Rs.1,34,995/- (Rs. One Lakh Thirty-Four
Thousand Nine Hundred and Ninety-Five Only) is outstanding towards
the defendant No.1. In the circumstances the suit will have to be
decreed and defendant No.1 will have to be directed to pay an amount
of Rs.1,34,995/- (Rs. One Lakh Thirty-Four Thousand Nine Hundred
and Ninety-Five Only) to the plaintiff. However, for the liability of the
trust its one of the trustees cannot be made personally liable. Hence, for
the outstanding amount personal liability cannot be imposed on the
defendant No.2. In his argument Ld. Advocate for the plaintiff has also
fairly admitted the said position of the law. In the circumstances the
plaintiff is entitled to the suit claim to the extend of Rs.1,34,995/- (Rs.
One Lakh Thirty-Four Thousand Nine Hundred and Ninety-Five Only)
from defendant No.1 Hence, I answer point No.2 in the affirmative to
that extend.
As to point No.3.
15. In view of the affirmative finding to point No.2 the suit will
have to be decreed against defendant No.1 with cost and defendant
No.1 will have to be directed to pay an amount of Rs.1,34,995/- (Rs.
One Lakh Thirty-Four Thousand Nine Hundred and Ninety-Five Only) to
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Judgment 8 Sum. Suit No.940 of 2019
the plaintiff. Herein the plaintiff has claimed interest @18% p.a. on
Rs.1,00,000/- (Rs. One Lakh Only). The contractual rate of interest is
18% p.a. hence, defendant No.1 will have to be directed to pay interest
@18% p.a. on Rs.1,00,000/- (Rs. One Lakh Only) from the date of suit
till the realization of the entire amount. In the circumstances, I answer
point no.3 accordingly and pass following order:-
ORDER
1. The defendant No.1 is directed to pay an amount of
Rs.1,34,995/- (Rs. One Lakh Thirty-Four Thousand
Nine Hundred and Ninety-Five Only) to the plaintiff.
2. The defendant No.1 also directed to pay interest
@18% p.a. to the plaintiff on Rs.1,00,000/- (Rs. One
Lakh Only) from the date of the suit till the realization
of the entire amount.
3. The defendant No.1 to pay the cost of the suit to the
plaintiff.
4. The suit is dismissed against defendant No.2.
5. Decree be drawn accordingly.
(S. S. Parave)
Adhoc Judge,
City Civil Court Mazgaon,
Mumbai
Court Room No.84.
Dated: 21/08/2026
Direct typed on computer : 21/08/2026.
Signed by HHJ on : 21/08/2026.
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Judgment 9 Sum. Suit No.940 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Shiva J. Ingle
Name of Stenographer21/08/2026 At about 06.10
p.m.
Name of the Judge (With C.R. No.) HHJ S. S. Parave
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
21/08/2026
JUDGMENT / ORDER signed by
P.O. on
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JUDGMENT / ORDER uploaded on 21/08/2026
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