Interim Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Commercial Suit No.92/19
Suit lodged on: 14th August 2019
Suit decided on: 03rd January, 2020
Total duration: four months, 19 days
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO.92 OF 2019
(CNR NO.MH CCO10085262019)
Fluidline Valves Company Private Limited
A Company incorporated under the Companies
Act, 1956, and having its office at 401A,
Poonam Chambers, 115, Dr.Annie Besant
Road, Worli, Mumbai400 018. ..Plaintiff
Versus
Simhapuri Energy Ltd.
A Company incorporated under the Companies
Act, 1956, and having its Head office at
Madhucon Green Lands, 63866/2,
3rd floor, Begumpet, Hyderabad500 016,
Telangana ..Defendant
Ld. advocate Mr.Nagvadaria for the plaintiff
Defendant and advocate absent
CORAM : HIS HONOUR JUDGE
SHRI M.SALMAN AZMI
(C.R.NO.01)
DATE : 03rd JANUARY, 2020
ORAL JUDGMENT
1. This suit is for recovery of sum of Rs.10,32,872/.
2. In short the case of the plaintiff is that defendant company
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placed purchase orders with the plaintiff company of various valves of
various specifications from time to time. The plaintiff company sold,
supplied and delivered the goods as per its specifications. The plaintiff
company issued invoices during the period 1st April 2015 to 31st March
2016 for the goods sold, supplied delivered. The goods supplied for the
total amount of Rs.21,50,217.39/. The defendant company had made
payment of Rs.11,17,344.90/. The outstanding amount was
Rs.10,32,872.49. The plaintiff company called upon the defendant
company to pay the outstanding amount. The defendant company
failed and neglected to pay the amount. The meeting dated
30/08/2016 was held between plaintiff company and defendant
company wherein the defendant company agreed and admitted the
amount of Rs.10,32,872/ as balance amount due and payable. The
defendant company failed to pay the amount and therefore the plaintiff
company was constrained to file the present suit.
3. The case against defendant company proceeded exparte.
4. Heard Ld. Counsel for the plaintiff.
5. On the basis of arguments canvassed by the Ld. Advocate
for the plaintiff company, following points arise for my determination
and findings to it are recorded for the reasons recorded hereinafter.
POINTS
1. Whether the plaintiff company is entitled for the amount of
Rs.10,32,872/, if yes at what rate of interest?
2. What order?
FINDINGS
1. In the affirmative, rate of interest at 8% p.a.
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2. As per final order.
REASONS
POINT NO.1
6. In order to support it's case, on behalf of the plaintiff
company, it's manager Mohammad Mazhar Urooj Shaikh entered the
witness box. The plaintiff company placed reliance upon the following
documents:
Ex.6 Resolution issued by plaintiff company in
favour of Mohammed Mazhar Urooj Shaikh
Ex.7 Invoice dated 30/11/2015
Ex.8 Invoice dated 11/12/2015
Ex.9 Invoice dated 30/12/2015
Ex.10 Invoice dated 21/01/2016
Ex.11 Customer/Debtors ledger for the period
01/04/2015 to 31/03/2016 of plaintiff
company
Ex.12 Minutes of meeting held between plaintiff
company and defendant company dated
30/08/2016
Ex.13 email sent by plaintiff company to
defendant company dt.06/06/2016
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Ex.14 Notice dated 14/06/2019 issued by
plaintiff company
7. The plaintiff company has filed the resolution whereby
PW1 was authorised to adduce the evidence on behalf of the plaintiff
company. The evidence of PW1 is that plaintiff company supplied
valves to the defendant company under various specification since
30/11/2015 to 21/01/2016. The plaintiff company has filed the copy
of tax invoices at Ex.7 to Ex.10 to substantiate the said fact. The
plaintiff company has filed the certified account statement(Ex.11) of the
defendant company duly maintained by the plaintiff company in the
computer. The accounts statement (Ex.11) shows the reference of the
sale made and the payment received. The account statement of the
financial year of 20182019 shows outstanding amount of
Rs.10,32,872.49/. The evidence and the documents produced by the
plaintiff company remained unchallenged. The plaintiff company
placed reliance upon the crucial document i.e. minutes of the meeting
held between plaintiff company and the defendant company wherein
the defendant company admitted the balance as on 30/08/2016. The
evidence of PW1 shows that the meeting was attended by Mr.
V.G.Vishwakarma and G.Madhava Rao from defendant company and
Sasi Nair and Jaiganesh on behalf of the plaintiff company. The
minutes of the meeting dated 30/08/2016 were signed by both the
parties. It establishes that the defendant company acknowledged the
outstanding amount of Rs.10,32,872.49/. The plaintiff company also
filed the e mail communications made to the defendant company. The
defendant company did not respond to the request of the plaintiff
company for payment of the amount.
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8. The evidence and the documents filed by plaintiff shows
that defendant company has purchased the goods i.e. valves to the tune
of Rs.21,50,217.39/ and it made payments on various dates to the tune
of Rs.11,17,344.90/. The outstanding amount is Rs.10,32,872.49/
which the defendant company acknowledged on 30/08/2016. Thus,
the plaintiff has proved that the plaintiff company is entitled for the
recovery of amount of Rs.10,32,872.49/.
9. The plaintiff company has claimed interest at the rate of
Rs.18% p.a. from the date of filing of the suit. The plaintiff company
has not filed any document to show as to what was the agreed rate of
interest. The plaintiff company even does not claim that notice was
given under the Interest Act for charging at particular interest. Even at
the time of acknowledgment of amount of Rs.10,32,872/, no particular
rate of interest was agreed and levied. Therefore, there is no basis for
charging the interest at the rate of 18% p.a. The transaction is
commercial transaction, therefore the plaintiff company is entitled for
interest at the rate of 8% p.a. which would be proper rate of interest on
the amount from the date of suit till its realization. Hence, I answer
point no.1 accordingly.
POINT NO.2
10. In view of the above findings to point no.1, the suit
deserves to be decreed and it is expedient to pass following order:
ORDER
1. Suit is decreed with cost.
2. Defendant company to pay plaintiff company an amount of
Rs.10,32,872/ along with interest at the rate of 8 percentage per
annum from the date of filing of the suit till its realization.
3. Decree be drawn accordingly.
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6 Commercial Suit No.92/19
(M.SALMAN AZMI)
Judge,
Date: 03/01/2020. City Civil Court, Gr.Bombay
Dictated on : 03/01/2020
Transcribed on : 17/01/2020
Signed on : 20/01/2020
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”.
24/01/2020 at 4.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
03/01/2020
Judgment and order signed by P.O. 20/01/2020
Judgment/order uploaded on 24/01/2020
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