Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SU1902019 1
MHCC010092372019
Presented on : 09092019
Registered on : 15112019
Decided on : 02032021
Duration : Y01 M05 D23
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 190 OF 2019
Shikshan Books & Stationary Pvt. Ltd. ]
a Private Limited Company registered under the ]
provisions of The Indian Companies Act, 1956, ]
Through its Head Commercials Mr. Shriram Samria, ]
Age 60, Occ:Service, having its registered address at 85,]
Chamarbaug, Post Office Lane, Off: Dr. Ambedkar Road ]
Parel (East), Mumbai – 400012. ]...Plaintiffs
V/s
Mr. Aashish Satyam, Age : Not known ]
Proprietor of and carrying on business in the Name ]
& Style of N. Dimensions at East Anwarpur, Near Mai ]
Sthan, Hijipur, Bihar, Pin Code – 844 101 ]..Defendant
APPEARANCE:
Ld. Adv. Mr. R.S. Mourya for plaintiff.
None 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 judgment and decree against
defendant, directing the defendant to pay to the plaintiff a sum of
Rs.4,03,437/ (Rupees Four Lakhs Three Thousand Four Hundred
Thirty Seven only) being the principal amount with interest at the rate
of 18% per annum on the principal amount of Rs.4,03,437/ 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 dealing in selling of Books and Stationary.
The defendant is carrying business in the name and style of N.
Dimensions. It is the case of the plaintiff that defendant had placed an
order and the plaintiff had accordingly delivered books and stationary
from time to time worth Rs.5,94,688/. The defendant had received
goods. The defendant did not raise any dispute regarding the quality
and quantity of goods to the plaintiff. The plaintiff had received
payment of Rs.50,000/ on 19.04.2016, Rs.50,000/ on 22.04.2016 and
Rs.50,000/ from the defendant. The balance amount was demanded
by the plaintiff on 06.10.2016. The defendant on 01.11.2016 gave
credit note to the defendant. The plaintiff on receipt of the unsold
books from defendant gave credit note to the defendant for amount of
Rs.1,04,717/ .
The plaintiff has called defendant to repay the balance
amount of Rs.3,39,971/. The notice was received by the defendant.
The defendant further had made payment of Rs.50,000/ on
01.12.2017. The defendant was in arrears of Rs.2,89,971/. The
plaintiff again on 26.07.2018 had issued notice to the defendant. The
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defendant inspite of receipt of notice did not reply the same.
The plaintiff, therefore, prayed for judgment and decree
directing the defendant to pay to the plaintiff a sum of Rs.4,03,437/
(Rupees Four Lakhs Three Thousand Four Hundred Thirty Seven only)
being the principal amount with interest at the rate of 18% per annum
on the principal amount of Rs.4,03,437/ from the date of filing of suit
till its realization.
3. The defendant was served with writ of summons by
email on 14.03.2020. The defendant had failed to appear in the suit.
The suit proceeded without written statement against defendant.
4. 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 amount of Rs.4,03,437/
(Rupees Four Lakhs Three Thousand
Four Hundred Thirty Seven only) being
the principal amount with interest at the
rate of 18% per annum on the principal
amount of Rs.4,03,437/ from the date
of filing of suit till its realization.
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
5. Heard learned Advocate Mr. R.S. Mourya for the plaintiff.
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6. The plaintiff in support of its case had examined Shriram
Samaria at Exh. 08. The plaintiff had relied upon following documents
(Exh.09):
Sr.
No.
Particulars Exh.
1 Certified Extract of Resolution dated 06.12.2018 10
2 Email dated January 23, 2016 to Podar Education
Network regarding Order of Books outside Potdar
School with certificate.
11
(colly)
3 Email dated February 13, 2016 for dispatch of Books
to defendant.
12
4 Invoice dated 15 February 2016 along with list of
Books dispatched.
13
(colly)
5 Email dated October 6,2016 to the defendant from
plaintiffs.
14
6 Email dated October 24, 2016 for return of stocks i.e.
books along with list of books.
15
(colly)
7 Credit Note dated November 1, 2016 given to
defendant by the plaintiffs.
16
8 Legal Notice dated 18 September 2017 through
plaintiff's Advocate to the defendant along with Postal
Receipt.
17
(colly)
9 Legal Notice dated 26 July 2018 from plaintiffs
through their Advocate to the defendant alongwith
Postal Receipt.
18
(colly)
10 Legal Notice dated 26.11.2018 from plaintiffs through
their Advocate to the defendant alongwith Postal
Receipt.
19
(colly)
7. The evidence of the plaintiff points out that order is placed
by the Podar Education Network for books (Exh.11 colly). The email
(Exh.12) was forwarded by the plaintiff to the defendant on
13.02.2016, informing the defendant about the dispatched books. The
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plaintiff had relied upon invoices (Exh.13 colly).
8. The plaintiff had successfully shown that the supply of
goods and the payment made by the defendant to the plaintiff time and
again. Lastly, vide notice (Exh.18 colly) dated 26.11.2018, the plaintiff
had claimed principal amount of Rs.2,89,971/. The plaintiff had
further claimed the interest at the rate of 18% p.a. The transaction is
not disputed. The rate of interest is claimed at the rate of 18% p.a. on
the principal amount. The plaintiff had not shown any basis to claim
the interest that it was agreed between the plaintiff and defendant that
the interest at rate of 18% p.a. would be charged after the stipulated
period. There is no material to indicate that defendant had agreed to
repay the amount at the rate of 18% p.a.
Considering that the transaction is commercial and as the
goods were supplied by the plaintiff to the defendant, the plaintiff is
entitled for recovery of amount of Rs.2,89,971/ being the principal
amount.
The plaintiff has claimed interest amount of Rs.1,13,466/
at the rate of 18% p.a. on principal amount of Rs.2,89,971/ till March,
2019. As it is held that, there is nothing to indicate that the contractual
rate of interest agreed between the plaintiff and the defendant was to
be charged at the rate of 18% p.a. after the due date. In the interest of
the justice, the interest at the rate of 10% per annum is to be paid by
the defendant to the plaintiff on the principal amount of Rs.2,89,971/
from the date of filing of the suit till its realization.
Hence, I answered point No. 1 “in Affirmative.” In the result,
following order is passed.
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ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiffs a sum of
Rs.2,89,971/ (Rupees Two Lakh Eighty Nine Thousand Nine
Hundred Seventy One only) being principal amount with further
interest at the rate of 10% per annum 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 at Mumbai.
Dictated on : 02.03.2021
Transcribed on : 03.03.2021
Signed by H.H.J.on : 05.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.03.2021 at 2.00 p.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 05.03.2021
Judgment/order uploaded on 06.03.2021
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