Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No. 2315 of 2019 1
MHCC010086822019
Presented on : 18-06-2019
Registered on : 19-08-2019
Decided on : 15-12-2023
Duration : 4 Yr, 5 M, 27 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2315 OF 2019.
Exh.
Bhavesh Harikrishna Oza. ]
Age 45 years. Indian Inhabitant, ]
Prop. Of M/s. AHORI METAL INDIA, ]
Having office at Shop No.10, ]
45, Shatrunjay Building, ]
Islampura Street, Mumbai 400 004. ]....Plaintiff.
Vs.
Urmila Atmaram Gautam. ]
Age – Not known, Indian Inhabitant, ]
Prop. Of M/s. ION TECH ]
Having address at -Shop No.14, ]
Lake View Apartment Building ]
Opp. Gurudwara, Valsad, Gurajat-396191 ]
Having another Adress at 74-B, ]
Santdarshan Bunglow, Haria Park, ]
Near Haria School, Dongra, Vapi-396195. ]
Having another address at 355, Govinda Complex,]
Char Rasta, J Type Area, Plot No. 11, ]
Vapi 396191, Gurajat. ]….Defendant.
Appearance:
Adv. Arpita Chopra h/f Adv Jagdish Nagar, for the plaintiff
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
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Judgment in Suit No. 2315 of 2019 2
Coram: Shri. U.C.Deshmukh.
Judge.
CR No.: 59.
Date : 15th December, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs. 2,32,985/-
with interest at the rate of 24% p.a.
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that he is proprietor of M/s.AHORI
METAL INDIA. He carrying the business to sale of S.S. Material.
Defendant is also proprietor of M/s. ION TECH.
3. The plaintiffs specifically contends that in pursuance of
order of the defendant, he sold and supplied S.S. Material worth of Rs.
2,32,985/- from 12.07.2018 to 04.08.2018. The defendant never raised
objection as to quality, quantity of the goods after its delivery. The
defendant had issued two cheques worth of Rs. 2,25,000/- which were
dishonoured. Hence, the defendant is bound to pay suit amount. The
plaintiff further specifically contends that as per invoices, the defendant
is liable to pay interest at the rate of 24% p.a in case of delayed
payment. He issued notice to the defendant. However, in vain. Hence,
this suit.
4. In spite of service of writ of summons , the defendant failed
to appear. Hence, suit proceeded exparte vide order dated 20.01.2023.
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Judgment in Suit No. 2315 of 2019 3
5. To prove his case, the plaintiff examined himself and filed
affidavit of evidence at Exh. 7. He also filed document at Exh.8 as
follows:
Sr.No. Documents
1. Office copies of computerized printed Four (4)
copies of Invoices i.e. 36,39, 45 and 46.
2. Carbon copies of Four (4) delivery challans 36, 39,
45 and 56.
3. Four (4) Original Transports receipts (Consigner
Copy)
4. Two Original Dishonoured cheque no. 000020 and
000021.
5. Extract of ledger accounts for the period
01.04.2018 to 31.03.2019.
6. Office copy of Advocate notice dated 14.02.2018
with receipts.
7. Two Original Retruned Packet.
8. Certificate as per evidence act for computerised
document.
6. The plaintiff closed its evidence vide pursis at Exh.9.
7. It is submission of Ld. advocate for the plaintiff that oral and
documentary evidence of plaintiff remained unchallenged. Hence,
prayed to decree the suit.
8. Considering the facts, evidence and law applicable to the
case, following points arise for determination of the same:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that he
is entitled to recovery an
amount of Rs.2,32,985 /- with
..Yes. Partly with
interest @ 9%
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Judgment in Suit No. 2315 of 2019 4
interest at the rate of 24% p.a.
from the date of the suit?
p.a..
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
:REASON:
As to point No. 1 & 2:
9. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
Therefore, there is no reason to discard the case at threashhold.
10. Copy of Invoices No.36, 39, 45 and 56 fortifies the
contention of the plaintiff that the defendant had ordered the goods
which were delivered by the plaintiff vide delivery challan, Copy of
transport receipt also support such contention. The plaintiff has filed on
record the original dishonoured cheques and extract of ledger account
for the period of 1st April 2018 to 31st March 2019 which show that the
defendant was bound to pay amount of Rs. 2,32,985/- to the plaintiff.
10. The plaintiff succeeded to show that he had delivered the
goods to the defendant on 12.07.2018, 13.07.2018, 17.07.2018 and
04.08.2018. The suit is instituted on 18.06.2019. Hence, the suit is
within the limitation.
11. So far as the claim of plaintiff as to the interest at the rate
of 24% p.a. is concerned the ledger account filed by the plaintiff on
record is silent as to the ley of such interest. Certainly, invoices on
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Judgment in Suit No. 2315 of 2019 5
record show that the defendant is bound to pay interest at the rate of
24% p.a. in case of delayed payment. However, the statement of ledger
account itself does not state that the plaintiff has charged such interest.
In such circumstances, considering the nature of transaction in between
the plaintiff and the defendant, it is just and proper to award the
interest at the rate of 9% p.a. from the date of the suit to the date of its
realisazation. Accordingly, point No. 1 & 2 are answered.
12. Non-payment of suit amount resulted into this suit. Hence, the
plaintiff is entitled for its cost. Accordingly, in answer to point No. 3,
following order is passed :
ORDER
1. Suit No. 2315 of 2019 is partly decreed with cost as under.
2. The Defendant is ordered to pay an amount of
Rs.2,32,985/- (Rs. Two Lakhs, Thirty Two Thousand, Nine
Hundred Eighty Five only) to the plaintiff with interest at the rate
of 9.00% p.a. from the date of the suit till entire amount is
realized.
3. The defendant shall to pay aforesaid decreetal amount
within 2 months of the order.
4. Decree be drawn up accordingly.
5. Suit No. 2315 of 2019 is disposed off accordingly.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:15.12.2023 Greater Bombay (CR 59).
Declared on : 15.12.2023
Dictated on : 15.12.2023
Transcribed on : 05.01.2024
Checked on : 05.01.2024
Signed on : 06.01.2024
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Judgment in Suit No. 2315 of 2019 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.01.2024 at 04.30 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 15.12.2023
Order signed by P.O. on 06.01.2024
order uploaded on 06.01.2024
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