Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No. 2551 of 2019 1
MHCC010093182019
Presented on : 11-09-2019
Registered on : 26-09-2019
Decided on : 19-01-2024
Duration : 4 Yr, 4 M, 8 D.
Exh.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2551 OF 2019.
Shri Dinesh B. Somani. ]
Proprietor of Jai Matadi Industries, ]
Pvt.Ltd. Through Constituted Attorney. ]
Shri Ashok Satyanarayan Kabra, ]
Having his office at 29, Khadak Street, ]
Room No.36, 3rd Floor, Masjid Bunder, ]
Road, Mumbai-400 009. ] .... Plaintiff.
V/s
Goraya Strain Board Mills Pvt. Ltd. ]
Office at Bazpur Road, Kashipur – 244713 ]
Uttarakhand State. ]….Defendant
Appearance:
Adv. Shardha Singh h/f Adv Sunil Yadav for the plaintiff.
Defendant -Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U. C. Deshmukh
CR No. : 59.
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Judgment in Suit No. 2551 of 2019 2
Date :19th January, 2024.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs. 65,354/-with
interest at the rate of 18% p.a,
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that at the request of defendant, he
supplied and delivered chemical goods from 18.11.2016 and
25.08.2017. The defendant is bound to pay Rs.65,354/- as balance
amount shown that in books of account. The defendant failed to pay
such amount. Hence, this suit.
3. The defendant failed to appear, hence, the suit is proceeded
exparet on 17.02.2013. Thereafter, the plaintiff examined himself at
Exh. 7 and filed documents at Exh. 8 as follows.
Sr. No. Documents Exhibit .
1. Copy of Power of Attorney Exh. A
2. Original Invoice Exh. B
3. Original Statement and Ledger Exh. C
4. Office copy of notice Exh. D
5. Original returned envelop Exh. E
4. The plaintiff closed its evidence vide Exh. 9. Heard Ld.
advocate for plaintiff.
5. Considering the facts, evidence and law applicable to the
case, following points arise for determination of the case:
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Judgment in Suit No. 2551 of 2019 3
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that he
is entitled to recover an amount
of Rs.65,354/- at the rate of
21% p.a. from the defendants
from the date of the suit?
..Yes ...
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
:REASONS:
As to Point No. 1 & 2
6. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
7. The copy of invoices dated 16.09.2016 and copy of ledger
account for the period of 1st April 2017 to 31st March 2018 fortify the
contention of the plaintiff that the defendant is liable to pay Rs.
65,354/-
8. The plaintiff claims the interest at the rate of 18% p.a. The
invoices dated 16.09.2016 reveals that if the defendant does not pay
price of the goods within stipulated period, the plaintiff would entitle to
recover such amount with interest at the rate of 21% p.a. The plaintiff
claims interest at the rate of 18%, hence, same can be awarded.
Considering the delivery of the goods, the suit is within the limitation.
Accordingly, point No. 1 & 2 are answered :
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Judgment in Suit No. 2551 of 2019 4
9. Non payment of the suit amount led the plaintiff to institute the
suit, hence, he is entitled for the cost of the suit. Accordingly in answer
to point No. 3 following order passed :
ORDER
1. Suit No. 2551 of 2019 is decreed with cost as under :
2. The defendant is ordered to pay an amount of Rs.
65,354/- (Rs. Sixty Five Thousand Three Hundred Fifty Four
Only) within two months of the order alongwith interest at the
rate of 18% p.a. from the date of the suit till its realization.
3. Decree be drawn up accordingly.
4. Suit No.2551 of 2019 is disposed off accordingly.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:19.01.2024 Greater Bombay (CR 59).
Declared on : 19.01.2024
Dictated on : 19.01.2024
Transcribed on : 25.01.2024
Checked on : 29.01.2024.
Signed on : 01.02.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
02.02.2024 at 12.30 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 19.01.2024
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Judgment in Suit No. 2551 of 2019 5
Order signed by P.O. on 01.02.2024
order uploaded on 02.02.2024
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