Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 119/19. 1 Ex-parte Judgment.
MHCC010089732019
Presented on : 28-08-2019
Registered on : 25-09-2019
Decided on : 05-03-2021
Duration : 1 years, 6 months, 8 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 119 OF 2019
Exh.15.
Mr. Uttam Ganpat Bade, aged 56 years, )
Director of M/s. Omkar Contract Services Pvt. )
Ltd., B-15, Creative Industrial Estate, )
N. M. Joshi Marg, Mumbai 400011 )...Plaintiff
Versus
1. Sarvesh Express Services Pvt. Ltd., )
The Administrative Office situated at, )
80/2760, Nehru Nagar, Kurla East, )
Mumbai 400 024 and Operation office )
address at B2 Hind Services Industry )
Premises, Opposite Chaitya Bhumi, )
Near Shivaji Park, Dadar, Mumbai 400028 )
2. Mr. Sanjay Parab (Director) )
Residential Address )
80/2760, Nehru Nagar, Kurla (West), )
Mumbai 400 024 )...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 5th MARCH, 2021.
Mr. Arvind Taral, Advocate for Plaintiff.
None for Defendants No.1 and 2. (Ex-parte).
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Comm.Suit No. 119/19. 2 Ex-parte Judgment.
JUDGMENT (EX-PARTE)
This is a suit for recovery of Rs.15,00,000/- (Rupees Fifteen
Lakhs Only) with further interest at the rate of 18% p.a. The suit is
based on invoices, account extract and cheque.
Plaintiff’s case is narrated as follows :
2. Plaintiff is a Director of M/s. Omkar Contract Services
Private Limited. Plaintiff is a service provider. Defendant no.2 is a
Director of defendant no.1 i.e. Sarvesh Express Services Private Limited.
In view of agreement between plaintiff and defendant dated
01/02/2018, it was agreed to supply the vehicles to the defendant.
During the period of February-2018 to August-2018, in view of the
details given in the chart in paragraph no.8, vehicles were supplied by
the plaintiff to the defendant on various occasion. In view of the details
given in the chart in para no.8, the amount of Rs.11,30,121/- (Rupees
Eleven Lakhs Thirty Thousand One Hundred Twenty-one Only) was due
towards defendant. For the repayment of same, defendant has issued a
cheque of the Central Bank of India for the amount of Rs.11,30,121/-
(Rupees Eleven Lakhs Thirty Thousand One Hundred Twenty-one Only)
bearing no. 405859 dated 13/12/2018. Plaintiff has deposited the
cheque. However, it was bounced with a memo i.e. “Funds Insufficient”
on 21/12/2018. Plaintiff has lodged one complaint with police on
20/12/2018. Plaintiff has issued a legal notice on 26/12/2018. Despite
repeated demand and a notice in writing, defendant is failed to repay
the amount. Hence, this suit.
3. In view of service affidavit vide Exh.3, defendant nos.1 and
2 are failed to appear despite due service of summons. On 06/03/2020
Adv. Pranav Devkar undertook to file V/P on behalf of defendants.
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Comm.Suit No. 119/19. 3 Ex-parte Judgment.
However, none appeared on behalf of defendants. Hence, suit is
proceeded ex-parte against both defendants.
4. In support to the contentions in plaint, PW 1 Uttam Bade
testified vide Exh.4. According to plaintiff, as per agreement dated
01/02/2018 plaintiff has supplied the vehicles for transportation on
various occasion. In view of details given in plaint para 8 and evidence
affidavit para 3, in view of different invoices, the amount of
Rs.11,30,121/- (Rupees Eleven Lakhs Thirty Thousand One Hundred
Twenty-one Only) is due towards defendant. In view of testimony of
plaintiff, agreement dated 01/02/2018 is marked as Exh.6. Various
invoices are collectively marked as Exh.7. The cheque given by the
defendant is at Exh.8. The bank documents are at Exh.9 and 10.
Plaintiff has issued a notice to defendant on 26/12/2018 vide Exh.12.
The postal acknowledgement is at Exh.13. The evidence of plaintiff
remain unchallenged.
5. The absence of defendant despite due service of summons
infers that he admits the suit claim. In result, it deserves to decree the
suit.
6. Plaintiff has claimed the principal amount of
Rs.11,30,121/- (Rupees Eleven Lakhs Thirty Thousand One Hundred
Twenty-one Only) alongwith interest till filing the suit is Rs.3,69,879/-
(Rupees Three Lakhs Sixty-nine Thousand Eight Hundred Seventy-nine
Only) i.e. gross total Rs.15,00,000/- (Rupees Fifteen Lakhs Only).
Considering nature of transaction, prevailing bank interest etc., the
interest at the rate of 18% appears to be exorbitant. The interest at the
rate of 12% seems appropriate. Hence, the order :
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Comm.Suit No. 119/19. 4 Ex-parte Judgment.
- ORDER -
1. Suit is partly decreed with cost.
2. Defendant nos.1 and 2, jointly and severally are directed
to pay Rs.15,00,000/- (Rupees Fifteen Lakhs Only) with
interest @ 12% p.a. from the date of suit till realization,
within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 05/03/2021. Mumbai.
1. Dictated on : 05/03/2021.
2. Transcribed on : 05/03/2021.
3. Signed on : 05/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/03/2021. 5.04 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 05/03/2021.
Judgment/Order signed by P.O. on 05/03/2021.
Judgment/Order uploaded on 05/03/2021.
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