Final Order 1

Order Details: Ex-parte Judgement
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MHCC010089362019
Presented on : 27082019
Registered on : 04112019
Decided on : 02032021
Duration : Y01 M06 D06
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 171 OF 2019
Akai Steels Pvt. Ltd. ]
A Company incorporated and registered ]
under the provisions of the Companies Act, 1956 ]
and having its, Registered office at 704, Ecstasy ]
Commercial Building, Nirmal Life Style Ltd, City of Joy, ]
Jata Shankar Dosa Marg, Mulund (W) Mumbai 400080 ]
Maharashtra, through Mr. Mahesh Heliya, an Accounts ]
Manager of the plaintiff. ]
CIN No. U27100MH1995PTC94463 ]....Plaintiff
V/s
Shah Group Builders Limited ]
(Formerly known as Shah Group Builders Pvt.Ltd.) ]
Registered Office Address: 323329, ]
Arenja Corner, Plot No. 71, Sector17, Vashi, ]
Navi Mumbai400 705. ]
CIN No. U70101MH2005PLC154243. ]...Defendant
APPEARANCE:
Ld. Adv. S. P. Pandey for plaintiff.
Ld. Adv. Mr. Jayesh Nishar for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 02nd March, 2021.
Claim : Suit for recovery of Money.
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EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks recovery of amount of
Rs.6,28,635/(Rupees Six Lakhs Twenty Eight Thousand Six Hundred
and Thirty Five Only) with further interest at the rate of 18% per
annum on the outstanding amount of Rs.6,28,635/ from the date of
filing of suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff is a Private Limited Company. On the request
and quotations orally confirmed purchase orders placed with the
plaintiff by the defendant, the plaintiff had supplied goods i.e. TMT
Bars to the defendant by purchasing them from several Rolling Mills.
The goods were directly sent to the Rolling Mills. The rolling mills used
to excise invoices with details of Truck number, material loaded, weight
of the material, name of the party ordering goods and name of the party
amongst the goods are to be supplied. After clearing, the goods were
transported with the defendant at the various designated address. The
orders were placed orally by the defendant and by written
communication. The quotations issued by the defendant are as follows:
Sr. No. P O No. P O Oty. No. MT PO Date
1 PO DT. 16/07/16EI 80.000 16.07.2016
2 PO DT. 16/07/16KC 53.000 16.07.2016
Total Qty. 133.000
3. The plaintiff had raised invoices to the defendant where
credit days agreed between the plaintiff and defendant were 30 days
and delayed payment was agreed contractually at the rate of 30% p.a.
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The defendant had received all the invoices and had acknowledged the
same. The plaintiff had supplied goods worth Rs.39,95,618/ to the
defendant. The defendant had made payment of Rs.39,95,618/ The
goods were supplied by the plaintiff to the defendant on the basis of
cash credit with agreed contractual interest at the rate of 30% p.a.
In the discussion, the contractual rate of interest at the rate
of 24% p.a. was agreed instead of @ 30% p.a. for delayed payments.
The defendant had not paid the interest at the rate of 24% p.a. as
agreed on the outstanding amount i.e. Rs.6,28,635/. Inspite of several
reminders, the amount was not paid by the defendant. The plaintiff,
therefore, had issued the notice dated 28.01.2019 to the defendant.
The notice was received by the defendant but the amount was not paid
by him.
The plaintiff, therefore, had instituted the present suit for
recovery of interest amount of Rs.6,28,635/ with further interest at the
rate of 18% per annum on the outstanding interest amount of
Rs.6,28,635/ from the date of filing of suit till its realization.
4. The defendant had appeared in the suit but had failed to
file the written statement. The suit proceeded exparte against
defendant.
5. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of interest amount of
Rs.6,28,635/ with further interest at the
'In Affirmative'
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rate of 18% per annum on the
outstanding amount of Rs.6,28,635/
from the date of filing of suit till its
realization.
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
6. Heard learned Advocate Mr.S.P.Pandey for the plaintiff and
learned Advocate Mr. Jayesh Nishar for the defendant.
7. The plaintiff in support of its case had examined
Mr.Mahesh Heliya, Account Manager of the plaintiff at Exh.05. The
plaintiff had relied upon following documents (Exh.06):
Sr. No. Particulars Exh.
1 Board Resolution dated 28th December 2018 8
2 Defendant Master Data from ROC 9
3 Defendant Signatory Details from ROC 10
colly
4 Form 23 certified copy from ROC department 11
colly
5 Copy of the quotation cum orally confirmed
purchase order
12
colly
6 Delivery Challans acknowledge by Authorized
person of the defendant with Rubber Stamps &
Signature at the site office
13
colly
7 Invoices issued by the plaintiffs and had
acknowledged by Authorized person of the
defendant with Rubber Stamps & Signature at their
register office
14
colly
8 Copies of the said Bank Statements of Abhyudaya
Co Operative Bank Ltd. Ghatkopar Branch of the
plaintiff
15
colly
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9 Debit Notes acknowledged by Authorized person of
the defendant with signature at their register
office.
16
colly
10 Copy of Journal Voucher Entry Statement of
Abhyudaya Co Operative Bank Ltd. Ghatkopar
Branch of the plaintiff
17
colly
11 Receipt Voucher and the Bank Statement of
Abhyudaya Co Operative bank Ltd. Ghatkopar
Branch of the plaintiff
18
colly
12 Copies of the said email reminders sent by Email
address from sangita@ansteels.com to
niravshah@shahgroup.co.in.
19
colly
13 Outstanding reminder letter 20
14 Postal receipt dated 21.06.2018 21
15 Ledger copy of Books of Account of the plaintiff
from 01.04.2016 to 21.06.2018
22
colly
16 Office copy of the said legal notice dated
21.01.2019
23
colly
17 Postal receipt dated 28.01.2019 24
18 Acknowledgement card showing receipt of demand
notice of defendant on dated 29.01.2019.
25
8. The plaintiff had relied upon quotation cum orally
confirmed purchase order (Exh.12 colly). The plaintiff further had
relied upon the invoices issued by the plaintiff and the same were
acknowledged by Authorized person of the defendant (Exh.14 colly).
The plaintiff also had relied upon delivery challans acknowledge of the
Authorized person of the defendant (Exh.13 colly). The plaintiff had
relied upon the debit notes acknowledge by the Authorized person of
the defendant (Exh.16 colly). The plaintiff further had relied upon e
mail reminders (Exh.19 colly), ledger books of account (Exh.22 colly)
9. The evidence of the plaintiff points out that goods worth
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Rs.39,95,618/were supplied to the defendant. The defendant had
made payment of Rs.39,95,618/ but had not paid the interest. It is the
evidence of the plaintiff that contractual interest on failure to make
payment was agreed by the defendant at the rate of 30% p.a. Further,
in the discussions the rate of interest was reduced upto 24% p.a. by the
plaintiff. It is the evidence of the plaintiff that contractual interest at
the rate of 24% p.a. calculated till 10th January,2018 was Rs.7,21,437/.
The defendant had made RTGS as a part of payment of Rs.83,522/
after deducting Rs.9,280/ as TDS @ 10% on Rs.92,802/ against Debit
Note No.46. The defendant had requested for some time for balance
payment of Rs.6,28,635/ for contractual interest amount for delay in
payments are due and payable by the defendant to the plaintiff. It is
the evidence of the plaintiff that defendant had failed to repay the
interest accrued on the said amount.
The learned Advocate for the plaintiff had argued in the
lines of the contentions raised by him in the plaint. He had supported
the evidence of the plaintiff.
10. The defendant had filed the written argument at Exh.27. It
is not in dispute that the suit proceeded without written statement
against defendant. The defendant was permitted to advance the
argument on law. It is argued by the defendant that this Court has no
jurisdiction to entertain the suit as materials were supplied to defendant
at Kharghar, Navi Mumbai. It is stated that cause of action has arisen in
Vashi, Navi Mumbai. It is stated that documents relied by the plaintiff
cannot be read in the evidence. It is argued by the defendant that there
was no Case Management Hearing in the present suit.
11. It is the contention of the plaintiff that the orders were
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placed by the defendant with the plaintiff from its official address at
Kharghar, Navi Mumbai. The transactions regarding demand were
made at Mulund. Therefore, it cannot be said that this court has no
jurisdiction to entertain the suit.
The suit proceeded without written statement. The
question of Case Management Hearing does not arise.
The other objections raised by the plaintiff for the
defendant are related to the factual aspects cannot be entertained.
It is not in dispute that amount of Rs.39,95,618/ is paid by
the defendant. The defendant had not paid the interest on the bill
amount i.e. Rs.6,28,635/ from date of transaction till the suit. The
plaintiff had claimed the interest of amount of Rs.6,28,635/as agreed
by defendant at the rate of 24% p.a. on principal amount of
Rs.39,95,618/. It is the evidence of the plaintiff that the said fact is
also acknowledged through debit notes by the defendant.
12. The plaintiff had successfully shown that he had supplied
goods as per the orders placed by the defendant. The defendant had
made payment but had failed to pay the interest on principal amount.
13. The defendant has failed to contest the suit. The defendant
though appeared in the suit had failed to file the written statement. It
therefore has to be inferred that the contentions raised by the plaintiff
are not challenged by the defendant. The evidence of the plaintiff have
gone unchallenged. The plaintiff is entitled to recover the interest of
Rs.6,28,635/ on the principal amount of Rs.39,95,618/ from date of
transaction till filing of the suit and the further interest on the said
amount of Rs.6,28,635/ till its realization.
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14. The plaintiff in his pleading has stated that agreed rate of
interest is 24% p.a. but the plaintiff in the suit had further prayed the
interest in the suit at the rate of 18% p.a. on amount of Rs.6,28,635/
from the date of filing of suit till its realization.
The plaintiff, therefore, is entitled for recovery of amount
of Rs.6,28,635 / with further interest at the rate of 18% per annum on
the amount i.e. Rs.6,28,635/ from the date of filing of suit till its
realization.
Hence, I answered point No. 1 “in Affirmative.” In the
result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a sum of
Rs.6,28,635/ (Rupees Six Lakhs Twenty Eight Thousand Six Hundred
and Thirty Five only) with further interest at the rate of 18% per annum
on the outstanding amount i.e. Rs.6,28,635/ from the date of filing of
suit till its realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 02.03.2021 Gr.Bombay
Dictated on : 02.03.2021
Transcribed on : 05.03.21 & 06.03.2021
Signed by H.H.J.on : 09.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.03.2021 at 5.40p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
02.03.2021
Judgment/order signed by P.O. on 09.03.2021
Judgment/order uploaded on 11.03.2021
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