Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: S. C. Suit No. 2886/19. 1 Judgment (Exh.9).
MHCC010092382019
Presented on : 09-09-2019
Registered on : 04-11-2019
Decided on : 24-09-2024
Duration : 5 Y, 0 M, 15 D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SHORT CAUSE SUIT NO. 2886 OF 2019
EXHIBIT NO.9.
Mr. Bharathan Suresh Babu )
Age: 60 yrs )
Office Address: Unit no: 19, 3rd floor, )
Mahalaxmi indl estate premises co-op. soc. ltd, )
Gandhi Nagar, Dainik Shivneri Marg, )
Lower Parel, Mumbai – 400013, )
Through its C.A. )
Mr. Abhijay Bhelkar, )
Recovery in Charge at Repro Graphics Pvt. Ltd. )...Plaintiff
Versus
Mr. Devaid )
Priya Print & Pack, )
C-68, Akurli Indl Estate, )
Akurli Road, Kandivali (E), )
Mumbai- 400 101. )
Tel No. 9320084221. )...Defendant
Smt. Bhavna Rajesh Enmul i/b V.R.Gupta and Associates, Advocate for
the plaintiff.
None for the defendant. (Ex-parte).
CORAM : HIS HONOUR JUDGE SHRI U.C.DESHMUKH.
(COURT ROOM NO.66).
DATE : 24th SEPTEMBER, 2024.
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S. C. Suit No. 2886/19. 2 Judgment (Exh.9).
JUDGMENT
(Delivered on 24th September, 2024.)
1. This is suit for recovery of an amount of Rs.1,84,629/- with
interest at the rate of 18% p.a.
2. Factual aspects of the case are as follows :
The plaintiff pleads that it is a registered company and the
plaintiff has appointed one Mr. Abhijay Bhelkar as a Power of Attorney
Holder. The defendant and plaintiff share business relations. On
demand of the defendant, plaintiff supplied printing related items with
condition of payment of consideration amount within 60 days. The
plaintiff has supplied printing materials from 07/07/2011 to
21/10/2011. Thus, defendant was bound to pay Rs.1,84,629/-.
3. It is specific case of the plaintiff that the defendant has
received invoices during the course of business and he never disputed
the same. The defendant ought to have paid the price of the goods
within 60 days, but he failed. The plaintiff followed up for continuously
for five years, but in vain. The defendant is also bound to pay interest at
the rate of 18% p.a. on amount due. Thus, the defendant is bound to
pay suit amount. The plaintiff also states that he issued notice to the
defendant. The failure of the defendant constrained the plaintiff to
institute the suit. Hence the suit.
4. Inspite of service defendant failed to appear. Hence suit
proceeded ex-parte as per order dated 16/09/2023.
5. Thereafter the plaintiff filed affidavit of evidence of Abhijay
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S. C. Suit No. 2886/19. 3 Judgment (Exh.9).
Bhelkar at Exh.5 and he also filed documents alongwith list Exh.6 as
follows :
Sr.No. Particulars
1 Original Invoice.
2 The Copy of Legal Notice.
3 Original Postal Receipt alongwith Acknowledgment.
4 The Copy of Reminder Legal Notice.
5 Original Postal Receipt alongwith Acknowledgment.
6 The copy of Reminder Notice.
7 Original Postal Receipt alongwith Acknowledgment.
8 The copy of Board Resolution.
6. The plaintiff closed his evidence vide pursis Exh.7 and filed
written notes of arguments at Exh.8.
7. Learned advocate for the plaintiff argued in support of the
case of the plaintiff.
8. Considering facts, evidence and submission of learned
advocate for the plaintiff, following points arise for determination of the
suit :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover an amount of
Rs.1,84,629/- with interest at the rate
of 18% p.a. ?
No.
2. Is suit within limitation ? No.
3. What order and decree ? As per final order.
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S. C. Suit No. 2886/19. 4 Judgment (Exh.9).
REASONS
AS TO POINTS NO.1 TO 3 :-
9. At the outset, it is apt to mention that pleadings and
evidence of the plaintiff remained unchallenged. Hence, there is no
reason to discard it at threshold.
10. The copies of invoices at Sr.no.1 of Exh.6 support the case
of the plaintiff that it had delivered the goods to the defendant. It also
issued notice to the defendant, but defendant failed to pay the price of
the goods. The invoices shows that it was for the defendant to pay price
of the goods within 30 days and failure of the same the defendant is
bound to pay interest at the rate of 18% p.a. Thus, the plaintiff
succeeded to show that it had delivered the goods as he claimed and it
was entitled to recover the amount from the defendant. Now peculiar
question arises, whether the suit is within limitation.
11. The plaintiff has filed the copy of last invoice with
acknowledgment dated 21/10/2011. If the acknowledgment on invoice
dated 21/10/2011 is taken into consideration, the plaintiff had arisen
cause of action to claim the amount on 21/11/2011.
12. The mere fact that the plaintiff had issued notice to the
defendant will not absolve the plaintiff from the period of limitation as
no such legal notice is mandatory to claim the price of the goods.
Therefore it is evident from the record that it was imperative for the
plaintiff to institute the suit on or before 21/11/2014. The plaintiff has
instituted suit on 09/09/2019 which is barred by law of limitation.
Therefore the plaintiff is not entitled to recover the amount from the
defendant. Accordingly point no.1 and 2 are answered.
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S. C. Suit No. 2886/19. 5 Judgment (Exh.9).
13. The plaintiff has filed the suit after the period of limitation.
In such case, it would be just to direct the plaintiff to bear the cost of
the suit. In the result, following order is passed :
- ORDER -
Suit stands dismissed with cost.
-Sd/
(U.C.DESHMUKH)
Judge,
City Civil Court,
(Court Room No.66)
Date : 24/09/2024. Mumbai.
1. Dictated on : 24/09/2024.
2. Transcribed on : 27/09/2024.
3. Placed for correction on : 27/09/2024.
4. Checked on : 27/09/2024.
5. Correction carried on : 01/10/2024.
6. Signed on : 01/10/2024.
7. Delivered to Certified : 01/10/2024.
Copy Section on
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S. C. Suit No. 2886/19. 6 Judgment (Exh.9).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01/10/2024. 5.30 p.m. Order uploaded by Mrs. P. Y. Pawar.
Name of the Judge (with Court Room no.) HHJ Shri U.C.Deshmukh.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 24/09/2024.
Judgment/Order signed by P.O. on 01/10/2024.
Judgment/Order uploaded on 01/10/2024.
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