Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Lodged on : 09.09.2019
Registered on : 02.12.2019
Decided on : 21.09.2021
Duration : 02Y 00M 12D
EXHIBIT 10
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SHORT CAUSES SUIT NO. 3164 OF 2019
( CNR No.MHCC010092782019)
M/S. HIND AUTOMOBILES ]
A Partnership Firm, registered under ]
The Indian Partnership Act 1932 ]
Having Office at 29, Sewree Wadala ]
Road, King Circle, Mumbai 400 019. ].. Plaintiff.
V/s.
AI FARAA INFRAPROJECTS PVT. ]
LTD., A company incorporated under]
the Companies Act, 1956 having its ]
Registered Office at 101/102, ]
Fourth Floor, Baba House, ]
Near Cinemax, Chakala, Andheri ]
Kurla Road, Andheri East, ]
Mumbai 400 093. ]..Defendant.
Advocate Mr. Sudhakar G. Lakhani for the plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 21st SEPTEMBER, 2021
JUDGMENT
The suit is instituted for recovery of amount of Rs.
2,38,064/ along with interest at the rate of 18% per annum on the
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amount of Rs.1,91,962/ from 30.08.2019 till the realization of total
decretal amount.
2. It is the case of plaintiff that the plaintiff owns petrol
pumps and service station. The defendant started credit account with
the plaintiff. The defendant agreed to make payment of the product
purchased by the plaintiff within 30 days from the date of delivery.
Accordingly, the account No.1339 was maintained by the plaintiff in the
name of the defendant since July 2017 till the month of April 2018. As
per the ledger account, the amount of Rs.3,11,962/ is due from the
defendant to the plaintiff as on 30.04.2018. In case, the defendant fails
to pay the amount within time, he is bound to pay interest at the rate of
18% per annum. The plaintiff took deposit of Rs.1,20,000/ from the
defendant at the time of opening of account. As on the date of issuance
on 18.01.2019, the defendant was liable to pay amount of
Rs.2,31,500/ to the plaintiff. On the date of institution of the suit, the
amount of Rs.1,91,962/ is due to the plaintiff from the defendant
towards principal amount and a sum of Rs.46,102/ towards interest at
the rate of 18% per annum. Hence, the plaintiff has prayed for the
decree.
3. The summons of the suit was duly served upon the
defendant. Defendant failed to appear before the Court. Service
affidavit is at Exhibit3. Hence, as per order passed by my learned
predecessor, suit proceeded ex parte against the defendant.
4. Considering the plaint and documents filed by the plaintiff
on record, following points arise for my determination and my findings
to them are as stated below for the following reasons:
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Sr.
No
POINTS FINDINGS
1 Whether plaintiff proves that the defendant
is liable to pay an amount of Rs. 1,91,962/
to him alongwith interest at the rate of 18%
per annum?
Partly in the
Affirmative
2 Whether the plaintiff is entitled for relief as
prayed for?
Partly in the
Affirmative
3 What Order ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 AND 2:
5. The plaintiff has filed a claim affidavit at Exhibit5 in
support of plaint. The statement of account is at Exhibit7 . It appears
that at the end of the account, the amount of Rs.3,49,294/ was due to
the plaintiff from the defendant. However, this amount is in excess of
the suit claim. The amount of deposit of Rs.1,20,000/ was not shown
in the statement of account. The plaintiff has produced copy of notice
dated 18.01.2019 through its advocate is at Exhibit8. In view of the
said facts, the claim of the plaintiff that the defendant is liable to pay
amount of Rs.1,91,962/ to him as on 30.04.2018 appears to be
credited.
6. The defendant was duly served, but failed to appear before
the Court. He even did not reply the notice issued by the plaintiff.
Therefore, it appears that the defendant is not interested in contesting
the suit of the plaintiff. It is duly supported by the claim affidavit and
account extract.
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7. Therefore, I have come to the conclusion that the suit is
bound to be decreed. The plaintiff has claimed interest at the rate of
18% per annum. However, there is no record to show that any such
interest rate was agreed between the parties. Therefore, I have come to
the conclusion that the interest rate is excessive and needs to be
reduced to 12% per annum. Accordingly, I answer point Nos. 1 and 2
in the partly affirmative and in answer to point No.3, proceed to pass
following order:
O R D E R
1. The suit is partly decreed with costs.
2. The Defendant is directed to pay the amount of
Rs.1,91,962/ to the plaintiff along with interest thereon
at the rate of 12% per annum from 30.04.2018 till the
realisation of the total decreetal amount within 60 days
of the date of this order.
3. Decree be drawn up accordingly.
4. Court fees be refunded as per the rules and
entitlement.
5. The suit stands disposed of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 21.09.2021 Gr.Mumbai.
Dictated on: 21.09.2021
Typed on : 21.09.2021
Signed on : 21.09.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
27.09.2021 AT 12.30 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
21/09/2021
Judgment/Order signed by P.O. on 21/09/2021
Judgment/Order uploaded on 27/09/2021
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