Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit
No.2240 of 2019 1
MHCC010083872019
Presented on : 25-06-2019
Registered on : 07-08-2019
Decided on : 19-09-2024
Duration : 5Yr, 1 M, 12 D.
Exh.12
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 2240 OF 2019.
Mr. Bharathan Suresh Babu. ]
Age.: 58 years. ]
Office Address : Unit No. 19, 3rd Floor, ]
Mahalaxmi Indl. Estate Premises Co-Op Soc. Ltd., ]
Gandhi Nagar, Dainik Shivneri Marg, ]
Lower Parel, Mumbai – 400 013. ]
Through its C.A. ]
Mr. Abhijay Bhelkar, Age: 43 Years, ]
Recovery in Charge in REPRO GRAPHICS PVT. LTD] .... Plaintiff.
V/s
Mr. Vipul Zanzibhai Patel. (Reena Enterprise) ]
Age: 33 Years, ]
404, New Sheetal Apartment. ]
Overy Pada, Near Sai Baba Temple, ]
Dahisar (East), Mumbai -68. ] ….Defendant.
Appearance:
Adv. Ms. Bhavna Rajesh Enmul h/f Adv V.R. Gupta, for the plaintiff.
Defendant- Exparte.
SUIT FOR RECOVERY FOR AN AMOUNT.
Coram : Smt. Ashwini V. Kasture
CR No. : 59.
Date : 19th September, 2024.
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Judgment in Suit
No.2240 of 2019 2
JUDGMENT
This is suit for recovery of an amount of Rs.1,45,342.22/-
(One Lakhs Fourty Five Thousand Three Hundred Fourty Two and
Twenty Two Paisa only) along with interest.
Brief facts of the plaintiff’s case are as under ;
2. The plaintiff is a registered company under the name
REPRO GRAPHICS PVT. LTD. The plaintiff Mr. Abhijay Bhelkar
(Recovery in charge Officer) is appointed on behalf of the company for
recovery of the amount. The defendant, Mr.Vipul Zanzibhai Patel is
owner of Reena Enterprises Pvt. Ltd and also having a business of
printing material. It is also contended by the plaintiff that the plaintiff
and the defendants shared business relation with each other from past
many years.
3. The defendant used to place the order for printing related
items with the plaintiff and the plaintiff is doing business with the
defendant from the year 2012-2013. In the year 2012-2013 the
defendant has placed the order for the material with the condition of
full and final payment within 30 days, whereas, the defendant had paid
the partial payment but still some amount had kept on hold and till date
it is not cleared. The defendant have placed the order for printing
products and the plaintiff has supplied the said product to the
defendant, but after the year 2012-2013 he has not received any
payment from his side. The defendant has also issued a cheque bearing
cheque No. 000306 dated 22.11.2014 in his favour in regard to the
payment of Rs.21,000/- (Rs. Twenty One Thousand only). The said
cheque was presented by the plaintiff in his account on the due date,
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Judgment in Suit
No.2240 of 2019 3
but it got dishonoured due to insufficient funds. The total amount due
is of Rs.61,500/- till date.
4. It is further contention of the plaintiff that he has tried to
co-ordinate with the plaintiff regarding the balance amount due, but he
has shown least concern about the issues and gave the reason that he
has not received any payment from his customers and gave reason that
he is facing losses. He along with his agent tried hard with innumerable
follow ups and personally meeting the defendant for recovery of the
amount due but it was all in vain. It is the further contention of the
plaintiff that from four years, he is doing a follow up with the defendant
and the defendant is just giving him excuses. He, therefore, issued a
legal notice dated 08.05.2015 through his advocate, requiring the
defendant to clear the outstanding balance amount within 7 days. It is
further contention of the plaintiff has also executed a Reminder Legal
Notice dated 05.10.2018 through the advocate but the defendant failed
to repay his outstanding. Therefore, the plaintiff construed to file
present suit.
5. The defendant served with writ of summons but, failed to
appear. Therefore, the suit proceeded exparte against the defendant
vide order dated 21/02/2023.
6. The Plaintiff examined one witness i.e. Shri Abhijay
Bhelkar, authorised person of plaintiff's firm, by filing his affidavit-in-
lieu of examination-in-chief at Exh.7. It has also filed documents along
with list documents at Exh.8. The documents which are annexed with
Exh. 8 are follows:
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Judgment in Suit
No.2240 of 2019 4
Sr. No. Documents.
1. Exhibit A – The Copy of Invoice.
2. Exhibit B- The copy of Legal Notice.
3. Exhibit C- The Copy of Acknowledgment.
4. Exhibit D- The Copy of Reminder Notice.
5. Exhibit E- The Copy of Acknowledgment
and Track Report.
6 Exhibit F- The copy of Board of
Resolution.
7. Exhibit G – The Copy of Power of
Attorney.
8. Exhibit H. - The Particulars of Claim
7. The plaintiff closed its evidence by filling pursis vide Exh.9.
The Ld. advocate for the plaintiff filed written notes of argument at
Exh.11. It is the submission of Ld. Advocate for the plaintiff that oral
and documentary evidence supports the case of the plaintiff. Hence,
prayed to decree the suit.
8. Considering the facts, evidence and law applicable to the
case, following points arise for determination:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it
is entitled to recover the bal-
ance amount of Rs. 61,500/-
with interest as claimed?
..Yes..
wiht Interest @ -
9% p.a.
2. What order and decree? Suit is partly
decreed.
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Judgment in Suit
No.2240 of 2019 5
:REASON:
As to point No. 1 & 2:
9. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of plaintiffs has remained unchallenged.
10. The original copies of invoices along with list at Exh.A and
ledger account fortify the contention of the plaintiff that it had supplied
the material to the defendant on 29.06.2012 and 23.08.2012. The
defendant had made payment of Rs.21,000/-. The demand for
remaining amount was made to the defendant by him. The above
unchallenged oral and documentary evidence of the plaintiff is
sufficient to draw interference that an amount of Rs.61,500/- is due and
outstanding from the defendant to the plaintiff and that the defendant
is liable to pay the said amount to the plaintiff.
11. Plaintiff is claiming interest at the rate of 18% on the
principal amount. The suit claim is for Rs.1,45,342.22/- including
interest. The plaintiff has included interest at the rate 18% p.a. on the
principal amount till the date of suit and has further claimed same
interest from the date of suit. The transaction between the parties
appears to be a commercial transaction but, the rate of interest claimed
by the plaintiff is excessive. Therefore, it would be just and proper to
award the interest at the rate of 9% from the date of the suit.
Accordingly, point Nos. 1 to 3 are answered in the affirmative and
following order is passed:
ORDER
1. The suit No. 2240 of 2019 is decreed with costs.
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Judgment in Suit
No.2240 of 2019 6
2. The defendant shall pay an amount of Rs.61,500/- to the
plaintiff with interest at the rate of 9% p.a. on principal amount
from the date on which it became due till realization of the entire
amount.
3. The decree be drawn up accordingly.
4. The Suit No. 2240 of 2019 is disposed of.
(Dictated and Pronounced in Open Court).
(Ashwini V. Kasture)
Judge,
City Civil and Sessions Court
Date.:19.09.2024 Greater Bombay (CR 59).
Declared on : 19.09.2024
Direct on : 19.09.2024
Checked on : 25.09.2024.
Signed on : 25.09.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.09.2024 at 3.15 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SMT. A.V. KASTURE,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 19.09.2024
Order signed by P.O. on 22.09.2024
order uploaded on 25.09.2024
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Judgment in Suit
No.2240 of 2019 7
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04.03.2024 at 12.50 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 03.02.2024
Order signed by P.O. on 27.02.2024
order uploaded on 04.03.2024
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