Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.939/2019
MHCC010081862019 Presented on : 05/08/2019
Registered on : 20/09/2019
Decided on : 04/01/2024
Duration : 04Y 05M 00D
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
EXHIBIT NO.13
SUMMARY CIVIL SUIT NO.939 OF 2019
M/s. Chetana Book Depot,
a partnership firm, (Now Known as Chetana
Publications (India) LLP, having their registered)
office at 4th Floor, ‘B’ Wing, Building ‘E’ Trade
Link, Kamla City, Above Bombay Canteen, Lower
Parel, Mumbai 400 013.
]
]
]
]
]
] ..Plaintiff
V/s.
Prithivi Raj,
Proprietor of M/s. Knowledge Publishers & Dist.,
No-88, Ground Floor, 4th Cross, SSII Area, 5th Block,
Rajajinagar, Bangalore – 560010.
]
]
]
] ..Defendant
Appearance :-
Learned Advocate Sudhakar Lakhani for plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 04/01/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.79,167/-. It is the contention of the plaintiff that it is carrying on
business of selling books. The defendant is the proprietor of M/s.
Knowledge Publishers & Dist. In pursuant to the order placed by
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defendant, the plaintiff has sold, supplied and delivered goods during
the month of April-2016 to September-2016 through transporter M/s.
V. R. L. Logistics, to the defendant. The plaintiff raised invoices in
respect of supply of goods for an aggregate amount of Rs.16,25,201/-.
It is also contended that defendant has made part payments of
Rs.12,00,000/- from time to time, returned goods for an aggregate
amount of Rs.3,33,290/- and also gave credit of Rs.35,000/- towards
TOD on 02/03/2017. Defendant failed to repay the balance due
amount of Rs.56,911/-, therefore, plaintiff constrained to filed the
instant suit for recovery of amount alongwith interest at the rate of
18% per annum.
2 In response to the writ of summons which were issued to
the defendant vide (Exh-05), the summons were duly served upon the
defendant, but he failed to appear before the Court. Therefore, as per
the
roznama dated 19/04/2022, suit proceeded ex-parte against the
defendant.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the
defendant is in due of amount of
Rs.56,911/- and liable to pay to it ?
Affirmative
2 Does the plaintiff prove that it is entitled
to charge interest as prayed for ?
Partly Affirmative
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3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the authorised
person of plaintiff filed claim affidavit and relied on various documents
(Exhibit-08 to Exhibit-11) filed under list (Exhibit-07). Heard learned
advocate for plaintiff.
As to point Nos.1 to 3 :-
5 The authorized person of plaintiff has tendered the Claim
Affidavit (Exhibit-06) alongwith documents as per list (Exhibit-07). On
perusal of the copy of invoice (Exhibit-08) alongwith ledger account of
defendant (Exhibit-09) and dishonored cheque dated 11/04/2017
(Exhibit-10), it reveals that the defendant has failed to make payment
of balance due amount of Rs.56,911/-. Inconsequence of failure to pay
the balance due amount under the invoices, the plaintiff has issued a
notice on 02/05/2019. Thus, the plaintiff is entitled for recovery of
balance due amount under the invoices.
6 The absence and omission on the part of the defendant to
appear before the Court shows that he has no substantial defence and
has admitted the claim of plaintiff. Hence, suit deserves to be decreed
as per the provisions of Order XXXVII Rule 2(3) of the Code of Civil
Procedure.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
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am of the view that it is exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, it would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of last transaction
i.e. 02/03/2017, till its full realisation. In view of above discussions, I
answer point No.1 in affirmative and point Nos.2 and 3 in partly
affirmative.
8 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summary Civil Suit No.939/2019, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.56,911/- alongwith interest at the rate of 9% per
annum, from 02/03/2017, till its full realisation from
the defendant.
3. Decree be drawn up accordingly.
4. Court fees, if any, be refunded as per rule.
(Judgment dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Mazgaon
Mumbai
Date: 04/01/2024. Court Room No.84
Directly typed on : 04/01/2024
Signed on : 04/01/2024
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No.939/2019
“Certified to be true and correct copy of the original signed order”.
06/01/2024 (Ms.Sonali Sawant)
at about 03.08 p.m. Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court and
Addl. Sessions Judge
Court Room No.84, Mazgaon,
Mumbai
Date of pronouncement of Order : 04/01/2024
Order signed by Hon'ble Judge on : 04/01/2024
Order uploaded on : 06/01/2024
at about 03.08 p.m.
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