Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: MHCC010089382019
Presented on 28-08-2019
Registered on 22-10-2019
Decided on 06-02-2025
Duration Year Month Days
05 05 09
CNR No.
MHCC010089382019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.1044 OF 2019
Sahastraa Exports Pvt. Ltd.
A Company incorporated under the provisions of
Companies Act, 1956 having its registered office
at Navkar Plaza, 6th floor, Bajaj Road,
Vile Parle (West),
Mumbai – 400 056.
Through Divecta Hycinth Fernandes
...Plaintiffs.
V/s.
1. Oasis Enterprises
Sole Proprietor Concern Plot No.310, 208 Rajgor
Chambers, 99, Masjid Siding Road,
Dana Bunder,
Mumbai – 400 009.
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2. Mr. Somil Shah
Age: Not known, Occupation: Business
Sole Proprietor of Oasis Enterprises
having its address at Plot No.310, 208
Rajgor Chambers, 99, Masjid Siding Road,
Dana Bunder, Mumbai – 400 009.
..Defendants.
Appearance :
Adv. I.Z. Merchant : for Plaintiff
None : for Defendants
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
6th February, 2024
J U D G M E N T
(Ex-parte)
(Suit under Order XVII Rule 1 of C.P.C.)
This is a suit under Order XVII Rule 1 of the Code of Civil
Procedure for recovery of an amount of Rs.02,30,702/- towards unpaid
bills of the goods supplied alongwith 21% p.a. interest.
2. The brief facts of the plaintiff’s case is that:
The plaintiff is private limited company incorporated under
the provisions of Companies Act, 1956 and carrying business of export
and import of chemicals. The defendant No.1 is a proprietary concern
of defendant No.2. The defendant No.1 placed purchase order on
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25.4.2018 for supply of 3,000 kgs., of melamine. The plaintiff
supplied 3000 kgs., of melamine and raised invoice No.M00023 dated
25.04.2018 for Rs.4,03,560/-. As per the terms and conditions of the
said invoice, the payment was to be made beofre 24.06.2018 failing
which were liable to pay interest @ 21% p.a. The defendants by letter
dt. 05.07.2018 informed handing of three cheque dated 05.07.2018
No.000219 of Rs.1,59,500/-, No.000220 of Rs.61,650/- and
No.000221 of Rs.1,82,500/- of HDFC bank to broker Mr. Hitesh
Chauhan.
3. The broker deposited cheque dated 05.07.2018 No.000219
of Rs.1,59,500/- and No.000220 of Rs.61,650/-. The cheque
No.000221 of Rs.1,82,500/- was not deposited by the broker. By letter
dt.31.07.2018 defendants were called upon to make balance payment
of Rs.1,82,500/- with interest of 21% p.a. It was recieved by
defendants, but failed to make payment. Hence, again legal notice
through advocate dt.05.03.2019 was issued. Inspite of receipt of it no
any payment was made. Hence, present suit.
4. Pursuant to issuance of writ of summons, defendants
appeared and put in their appearance within 10 days. Thereafter,
plaintiff filed Summons for Judgment No.19/2021. However,
defendants failed to file reply. Hence, by an order dated 01.08.2022 the
SJ was directed to proceed without reply. Thus practically the suit
proceeded without written statement.
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5. From the pleading of plaintiff, following points arise for my
consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Whether plaintiff is entitled for recovery of an
amount of Rs.2,30,702/- with 21% p.a from
defendants ?
Partly
affirmative.
2. What order and decree ? As per final
order.
REASONS
6. In order to substantiate claim, the plaintiff's authorized
representative Mr. Shriniwass Agarwaal filed his evidence affidavit vide
(Exh.3) and also placed reliance on the following list of documents
(Exh.4), copy of resolution (Exh.5), purchase order (Exh.6), e-mail
printout (Exh.7), Certificate U/Sec.65(B) (Exh.8 & 11 (colly), invoice
(Exh.9), receipt (Exh.10), letters (Exh.12 & 13 (colly), postal receipts
(Exh.14 (colly), postal intimation (Exh.15) and printouts (Exh.16
(colly) of the ledger account 01.04.2015 to 31.12.2022 (Exh.8),
Original Certificate dated 20.01.2023 (Exh.9), original notice dated
01.06.2017.
AS TO POINT NO.1.
7. Heard Adv. Merchant for plaintiff and gone through the
documents filed on record. According to the Adv. Vira, the entire
contents of the plaint as well as the claim affidavit has gone
unchallenged as defendant did not filed reply to SJ or written
statement, hence, the suit being uncontested it be decreed. He further
sumbmitted that, for non receipt of an amount of Rs.1,82,500/
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defendants were informed by letters and by legal notice, but it was
ignored forcing plaintiff company to file suit.
8. Perusal of the plaint, unchallenged evidence of plaintiff and
more particularly the reply purchase order (Exh.6) reveals orders were
placed by defendants which were duly supplied as is seen from the
invoice (Exh.9). Plaintiff categorically admitted in plaint that out
Rs.4,03,560/- an amount of Rs.2,21,150/ was received by cheque,
whereas, an amount of Rs.1,82,500/- remained to be paid. The letters
and legal notice (Exh.12 & 13 (colly) goes to show that amount was
demanded from defendants which they failed to pay. The evidence
affidavit filed by authorized representative in absence of cross-
examination has gone unchallenged. Thus from the documentary
evidence, plaintiff company proved supply of goods and balance
amount of Rs.1,82,500/- which remained to be paid.
9. Thus plaintiff company is entitled to recover the said amount
from defendants. The plaintiff company claimed 21% p.a on the unpaid
amount and claimed Rs.2,30,702/- (principal amount Rs.1,82,500/)
with future interest of 21% p.a. Though transaction is commercial in
nature, still it was not an agreed rate of interest. Hence,I am of the view
that 12% p.a would be appropriate rate of interest. Thus plaintiff
company is entitled to receive an amount of Rs.1,82,500/- with of 12%
p.a from the date of filing of the suit till its realization. Hence, Point
No.1 is answered accordingly.
AS TO POINT NO.2:
10. In view of my finding to Point No.1, the suit is liable to be
partly decreed with costs and plaintiff company is entitled to recover
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an amount of Rs.1,82,500/- with 12% p.a. In the result, I proceed to
pass following order.
ORDER
1. The Summary Suit No.1044 of 2019 partly decreed with costs.
2. The defendant is hereby directed to pay plaintiff an amount of
Rs.1,82,500/- (Rupees One Lakh Eighty Two Thousand Five
Hundred only) with 12% p.a. from the date of filing of the suit till
its realization.
3. The decree be drawn up accordingly.
4. R and P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:06-02-2025 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 06-02-2025
Transcribed on : 03-03-2025
checked on : 03-03-2025
Signed on : 03-03-2025
(N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.03.2025 at 05.00 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
06.02.2025
Judgment/order signed by P.O. on 03.03.2025
Judgment/order uploaded on
due to non working of cis
03.03.2025
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