Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit
No.3288 of 2019 1
MHCC010093162019
Presented on : 11-09-2019
Registered on : 05-12-2019
Decided on : 08-10-2024
Duration : 5Yr. 0M., 26D.
Exh. 14 .
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 3288 OF 2019.
Mr. S.K. Agrawal Sole Proprietor of ]
M/s. Broadways Logistics, ]
Age.: 54 years, ]
Having its office address at ]
85/D, Mohmedalli Road, ]
Mumbai – 400 003. ] .... Plaintiff.
V/s
1.M/s. Westren Outdoor Structures Private Limited ]
2. Mr. Surjeetkaur Daler Mathadu (Director) ]
Age : Not Known, ]
3. Mr. Daler Singh Mathadu (Director) ]
Age.: Not Known, ]
Having its office address at: ]
S.K.Tower, 5th Floor, ]
Hari Niwas Circle, ]
Lal Bahadur Shastri Marg, ]
Vishnu Nagar, Thane (West), ]
Thane, Maharashtra 400 602. ]
Having also address at: ]
C/802- Seeta Vihar CHS, ]
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Judgment in Suit
No.3288 of 2019 2
Damani Estate LBS Marg, ]
Navpada, Near Hariniwas Circle, ]
Thane MH 400 602 ] ….Defendants.
Appearance:
Adv. Mr.Riddhi Ashar for for the plaintiff.
Defendant- Exparte.
SUIT FOR RECOVERY FOR AN AMOUNT.
Coram : Smt. Ashwini V. Kasture
CR No. : 59.
Date :08th October, 2024.
JUDGMENT
This is the suit for recovery of an amount of Rs.2,68,497/-
(Rs. Two Lakhs Sixty Eight Thousand and Four Hundred Ninety Seven)
along with interest @ 18% p.a..
Brief facts of the plaintiff’s case are as under ;
2. The plaintiff is a sole proprietor of the proprietary firm i.e.
M/s. Brodways Logistics, and doing the business of transportation. The
defendant No.1 is a Private Limited Company and duly incorporated
under the Indian Companies Act 1956. The defendant No.1 is carrying
on the business of manufacture of steel Fabrication and defendant No.2
and 3 are the Directors of the defendant No.1-Company, and both are
handling the day to day affairs of the defendant No.1, and is also liable
and responsible for the business transaction of the defendant No.1.
3. The defendant No. 2 and 3 approached the plaintiff at its
Masjid Bunder office, for availing satisfactory transportation services, on
behalf of defendant No.1, for transportation of its
consignment/materials, consignee destinations. The plaintiff, informed
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Judgment in Suit
No.3288 of 2019 3
its freight rates and transportation quotation and terms and condition of
transportation to the defendant No.1, which were duly approved by the
defendant No.1, as the defendants were desirous of availing
Transportation services. The plaintiff duly informed the defendants
that all the consignments shall be getting duly insured against all transit
risks, by the defendant No.1 only and the plaintiff shall not be liable for
any kind of harm or damages to any consignments/goods of the
defendants No.1.
4. The plaintiff as per the requests of defendant No.1 plaintiff
provided satisfactory transportation services time to time to the
defendants, and plaintiff delivered the consignments/goods of the
defendant No.1 at consignee destination in safe and sound conditions
and plaintiff provided transportation services, under the following
Goods assignment notes, which were issued in five complete sets i.e.
Consignor/Consignee/Driver/ Sales Tax/ Accounts. The plaintiff
received the acknowledgment of delivery, on the driver’s copy of Goods
consignment notes that all goods/ consignments were delivered in good
condition. The plaintiff raised its genuine Bills upon the defendant
No.1, towards the transportation services as under :
Sr. No. Bill No. Dated Amount in
Rupees.
1. 2805 06-06-2016 Rs. 64,600/-
2. 2857 11-06-2016 Rs.1,48,000/-
3. 3044 31-08-2016 Rs. 46,100/-
4. 2883 11-06-2016 Rs.1,50,500/-
Total Rs.4,09,200/-
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No.3288 of 2019 4
The defendants were required to clear the said Bills within
the 30 days from the date of submission of said bills, but the defendants
failed to clear the same. The plaintiff has many time called to the
defendants for clearance of the genuine bills amount of the plaintiff and
therefore, defendant has made the part payment, a sum of
Rs.2,00,000/- and left the balance amount of Rs.2,09,200/-.
5. The plaintiff has maintained the computerized books of
accounts and the same are regularly audited from time to time and as
per the Books of Accounts of the plaintiff, the defendants were legally
bound to make all the payments within 30 days of the delivery of
goods/ consignments and after the submitting of bills/invoices.
However, the defendant No.1 failed to make the bonafide payment to
the plaintiff. Therefore, plaintiff sent demand notice to the defendants
demanding the outstanding service charges with 18% interest as per the
terms and conditions of the transportation and said notice was received
by the defendants, but, the defendants failed to pay the amount.
Therefore, the plaintiff constrained to file the present suit.
6. The defendants served with writ of summons but, failed to
appear. Therefore, the suit proceeded exparte against the defendants
vide order dated 05/01/2023.
7. The Plaintiff examined its witness i.e. Shri S.K.Agrawal,
Sole Proprietor of plaintiff's firm, by filing his affidavit-in-lieu of
examination-in-chief at Exh.7. It has also filed documents along with list
of documents at Exh.8. The documents which are annexed with Exh. 9
are as follows:
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No.3288 of 2019 5
Sr.
No.
Documents. Exh.Nos.
1. The Original copies of the Bills and
office copy of GC Notes.
Exh.8.
2. Original Copy of Ledger Statement Arti. A.
3. The Original copies of notices Exh.10
(colly)
4. The original copy of the said legal
notice and acknowledgment card.
Exh.11.
8. The plaintiff closed its evidence by filling pursis vide
Exh.12. The Ld. advocate for the plaintiff filed written notes of
argument at Exh.13. It is the submission of Ld. Advocate for the
plaintiff that oral and documentary evidence supports the case of the
plaintiff. Hence, prayed to decree the suit.
9. Considering the facts, evidence and law applicable to the
case, following points arise for my determination:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it
is entitled to recover the bal-
ance amount of Rs. 2,09,200/-
with interest @ 18% p.a.as
claimed?
..Yes..
with Interest @
9% p.a.
2. What order and decree? Suit is partly
decreed.
:REASON:
As to point No. 1 & 2:
10. It is needless to say that as suit proceeded exparte, the
pleading and evidence of plaintiff has remained unchallenged.
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No.3288 of 2019 6
11. The original copies of invoices along with list at Exh.9 and
copy of ledger account statement at Article A fortify the contention of
the plaintiff that it had supplied the services of transportation to the
defendants. The defendant had made part payment. The notices
collectively at Exh. 10 and 11 shows that the demand for remaining
amount was made to the defendant by him. The above unchallenged
oral and documentary evidence of the plaintiff is sufficient to draw
interference that an amount of Rs.2,09,200/-(Rs. Two Lakhs, Nine
Thousand, and Two Hundred only) is due and outstanding from the
defendant to the plaintiff and that the defendant is liable to pay the said
amount to the plaintiff.
12. The plaintiff is claiming interest at the rate of 18% on the
principal amount. The suit claim is for Rs.2,68,497/-(Rs. Two Lakhs
Sixty Eight Thousand and Four Hundred Ninety Seven only). The
plaintiff has claimed interest at the rate 18% p.a. on the principal
amount till the date of suit and has further claimed same interest from
the date of suit. The transaction between the parties appears to be a
commercial transaction but, the rate of interest claimed by the plaintiff
is excessive. Therefore, it would be just and proper to award the
interest at the rate of 9% from the date of the suit. Accordingly, point
Nos. 1 and 2 are answered in the affirmative and following order is
passed:
ORDER
1. The suit No. 3288 of 2019 is partly decreed with costs.
2. The defendant Nos. 1 to 3,jointly and severally, shall liable to
pay an amount of Rs.2,09,200/-(Rs. Two Lakhs Nine Thousand
Two Hundred only) to the plaintiff with interest at the rate of 9%
p.a. on principal amount i.e. Rs.2,09,200/- (Rs. Two Lakhs Nine
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No.3288 of 2019 7
Thousand and Two Hundred only) from the date of presentation
of suit till realization of the entire amount.
3. The decree be drawn up accordingly.
4. The Suit No. 3288 of 2019 is disposed of.
(Dictated and Pronounced in Open Court).
(Ashwini V. Kasture)
Judge,
City Civil and Sessions Court
Date.:08.10.2024 Greater Bombay (CR 59).
Declared on : 08.10.2024
Direct Typed on : 08.10.2024
Checked on : 08.10.2024
Signed on :08.10.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.10.2024 at 5.15 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Smt. A. V. Kasture(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 08.10.2024
Order signed by P.O. on 08.10.2024
order uploaded on 08.10.2024
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