Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010082732019 Presented on 06/08/2019
Registered on 03/09/2019
Decided on 06/03/2025
Duration 5 years 7 months
Exhibit 27
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 864 OF 2019
Jeevandeep Edumedia Pvt. Ltd. ]
Having registered office at ]
Sun Paradise Business Plaza, ]
First Floor, Senapati Bapat Marg, ]
Lower Parel, Mumbai 400 013. ]
Through its Assistant Manager Legal ]
Mrs. Rutuja Suraj Sarfare, ]
Age: 25 years, Occupation: Service ]...Plaintiff
Vs. ]
1. Mr. Vasant Nimase, ]
(Founder and Director) ]
Age: 45 years, Occ: Not known, ]
Sai Public School, At Post Mandave, ]
District Ahmednagar, 414201, ]
Maharashtra. ]
2. Sai Public School, ]
Age: Not Applicable, Occ: Not Applicable ]
At Post Mandave, 414201, Post Sangava, ]
Tal. Nagar, District Ahmednagar, ]
Maharashtra. ]...Defendants
-- 1 of 8 --
2 Sum Su No.864/2019
Appearance :-
Ld. Advocate Jitendra Gupta i/b. J. R. Vakil and Associates for
plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 06/03/2025.
JUDGMENT
( Dictated and pronounced in open Court)
01] This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (C.P.C.) for recovery of amount of
Rs. 83,430/- (Rs. 83,430.48/- rounded of as Rs. 83,430/-) alongwith
further interest.
Brief facts of the plaintiffs’ case may be summarized as under :-
02] The plaintiff is a Private Limited registered company and
carrying on business as educational publishers under name and style as
'Jeevandeep Edumedia Pvt. Ltd.' (previously known as Jeevandeep
Prakashan Pvt. Ltd.). Plaintiff company has authorized Miss. Rutuja
Suraj Sarfare, as its representative of plaintiff. Defendant No. 1 is
founder and Director of defendant No.2 school. As per plaintiff
company, they had sold, supplied and delivered goods to defendants as
per their verbal purchase orders. The said goods are received by
defendants through delivery challans. They have never objected
quality, quantity of the goods. Accordingly, plaintiff raised invoices
upon defendants bearing No. PT70238 dated 09/08/2016 for sum of
Rs. 3,160/- and invoice No. PT80840 dated 07/09/2016 for sum of
Rs. 43,149/-. Further, sales debit Note bearing No. PZ70631 dated
-- 2 of 8 --
3 Sum Su No.864/2019
13/11/2017 for sum of Rs. 300/- was raised. The opening balance on
09/08/2016 was Rs. 45,539/- in aggregate to sum of Rs. 92,148/-.
Thus, total amount of Rs. 92,148/- was due against defendants.
Further, after several requests defendants made payment of Credit
Note was raised vide Credit Note No. PR65871 dated 07/01/2017 for
sum of Rs. 3,160/- and Credit Note No. PR16189 dated 31/12/2018
for sum of Rs. 43,149/-, total amounting to Rs. 46,309/-. Thus, after
giving credit of said amount to the defendants, an amount of
Rs. 45,839/- is due and payable by defendants. It was agreed that if
defendants fails to make the payment, then interest at the rate of 18%
p.a. will have to be paid on principal amount. Therefore, plaintiff is
entitled for an amount of Rs. 83,430/- including interest. Hence, this
suit.
03] The writ of summons to defendants is served on them.
They failed to appear in the matter. Therefore, order was passed to
proceed matter ex-parte against defendants No.1 and 2 on
23/02/2023.
04] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover an amount of
Rs. 83,430/- from defendants ?
If yes, at what rate of interest ?
Yes, plaintiff is entitled for simple
interest on Rs. 45,839/- at the rate
of 7% p.a. from 06/08/2019, the
date of filing of suit till its full
realization.
2. What order and decree? As per final order.
-- 3 of 8 --
4 Sum Su No.864/2019
05] In support of claim, the plaintiff has filed affidavit of claim
of Ms. Swati Arvindkumar Kalatme as P.W.1, an authorized
representative of plaintiff at Exh. 11 and additional evidence at
Exh. 11A and reiterated her contention in the plaint for recovery of
Rs. 83,430/- along with the further interest at the rate of 18% p.a.
from defendants. The plaintiff has filed and relied upon the following
documents vide Exh. 13 to 23 and 26.
Sr.
No. Exhibit Particulars
1 Exh. 13 Original Board Resolution dated 14.07.2018
2 Exh. 14 Original Board Resolution dated 05.08.2023
3 Exh. 15 Office copy of Lorry Receipt Dated 09.08.2016.
4 Exh. 16 Office copy of Lorry Receipt Dated 10.08.2016.
5 Exh. 17 Office copy of Lorry Receipt Dated 07.09.2017.
6 Exh. 18 Office copy of Lorry Receipt Dated 08.09.2017.
7 Exh. 19 Office copy of Invoice bearing No. T64974 dated
09.08.2016.
8 Exh. 20 Office copy of Invoice bearing No. T70745 dated
07.09.2017.
9 Exh. 21 Office copy of Debit Note dated 13.11.2017
10 Exh. 22 Office copy of Credit Note dated 07.01.2017
11 Exh. 23 Office copy of Credit Note dated 31.12.2018.
12 Exh. 24
colly.
Office copy of sales ledger dated 09.08.2016 to
29.07.2019 (Supported by certificate u/s 65B of the
Indian Evidence Act)
13 Exh. 26
colly.
Print out of Purchase Order dated 07.09.2017
(Supported by certificate u/s 65B of the Indian
Evidence Act)
R E A S O N S
As to points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence on record.
-- 4 of 8 --
5 Sum Su No.864/2019
Heard Learned counsel for the plaintiff. As per the contention of the
plaintiff, they had supplied goods to the defendants as per orders
placed by them. Further, they raised invoices and claimed amount due
against defendants however, they failed to pay the outstanding
amount. The plaintiff in order to support their contention that
Ms. Rutuja Suraj Sarfare was authorized to file suit, plaintiff has filed
Extract of Board Resolution dated 14/07/2018 at Exh. 13. Further, to
substantiate their contention that Ms. Swati Kalatme PW.1 is
authorized to depose in the present case has filed Extract Board
Resolution dated 05/08/2023 at Exh. 14. On perusing both these
resolutions, it appears that its substantiate the contentions of the
plaintiff.
07] As per the contention of plaintiff, defendants have placed
verbal purchase orders. Swati PW 1 by way of additional evidence on
affidavit at Exh. 11A has stated that defendants had placed purchase
order through email however, inadvertently it was not stated in earlier
evidence on affidavit. The plaintiff to support its contention that as per
the purchase orders placed by defendants has filed on record print out
of such purchase order received by email along with certificate u/s.
65B (4) of Indian Evidence Act at Exh.26 colly. On perusing said
document, it appears that defendants have placed orders as per
Exh. 26 colly. Further, as per the contention of plaintiff that they have
supplied goods and delivered it to defendants by courier and
accordingly raised invoices against defendants. Plaintiffs have filed
office copies of invoice at Exh.19 and 20 and office copies of Lorry
Receipts are at Exh. 15 to 18. On perusing these documents, it appears
that plaintiff has raised invoices against defendants and same has been
delivered vide Exhs. 15 to 18. However, Lorry Receipts at Exh. 15 to
18 does not bear signatures of defendants. Even, invoices at Exh. 19
-- 5 of 8 --
6 Sum Su No.864/2019
and 20 does not bears signatures of defendants.
08] As per the plaintiff, it had supplied goods to the tune of
Rs. 92,148/-. The plaintiff has given credit note at Exh. 22 and 21 to
the defendants and balance amount is Rs. 45,839/-. Further, plaintiff
has also filed ledger statement at Exh.24 to substantiate said
contention. As per the plaintiff, as defendants have not made payment
within time therefore, as per terms and conditions in invoices at
Exh. 19 and 20, it appears that if amount is not paid in due date then it
will charge 18% interest. Therefore, as per plaintiff, they are entitled
for interest at the rate of 18% p.a. on principal amount. As
defendants have not appeared and contested the matter therefore,
evidence of plaintiff has remained unchallenged.
09] Thus from oral and documentary evidence on record, it
appears that plaintiff has proved that they are entitled for an amount
of Rs.45,839/- along with interest at the rate of 18% p.a., total
amounting to Rs. 83,430/-. So far as further interest is concerned,
plaintiff has claimed further interest at the rate of 18% p.a. However, I
am of the view that said rate of interest is excessive as compared to
rate of interest of Nationalized Banks. Therefore, having regard to the
provision of section 34 of the Civil Procedure Code, I am of the view
that granting interest at the rate of 7% p.a. on the principal amount
would be just, proper and reasonable. Hence, I hold that the plaintiff is
entitled to further interest at the rate of 7% p.a on the principal
amount, from the date of filing the suit till its full realization. Further,
as discussed above defendant No. 2 is a School and defendant No. 1 is
founder and director of defendant No. 2. Therefore, they are jointly
and severally are liable to pay outstanding amount with interest to the
plaintiff. Hence, I answer point No. 1 accordingly. In the result, in
-- 6 of 8 --
7 Sum Su No.864/2019
answer to point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No. 864 of 2019 is hereby decreed with the costs.
2) The defendants shall jointly and severally pay an amount of
Rs.83,430/- (Rupees Eighty Three Thousand Four Hundred
Thirty only) to the plaintiff.
3) The defendants shall pay to the plaintiff simple interest on
Rs. 45,839/- at the rate of 7% p.a from 06/08/2019, the date of
filing of suit till its full realization.
4) The plaintiff may be entitled to get refund the court fees paid, if
provided for in Rules.
5) The decree be drawn up accordingly.
(Sangram S.Shinde)
Ad-hoc Judge,
City Civil Court, Mazgaon, Mumbai.
Dated: 06/03/2025 C.R.No.81
Dictated on: 06/03/2025
Corrected & signed on: 10/03/2025
-- 7 of 8 --
8 Sum Su No.864/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
10/03/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 05/03/2025
JUDGMENT/ORDER signed by P. O. on 10/03/2025
JUDGMENT/ORDER uploaded on 10/03/2025
-- 8 of 8 --