Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010094682019
Presented on 16-09-2019
Registered on 16-11-2019
Decided on 05-04-2025
Duration Year Month Days
05 06 19
CNR No. MHCC010094682019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUIT NO.1140 OF 2019
TEJAS JASWANT KOTHARI
Aged 41 years, Indian Inhabitant,
Proprietor of M/s. Super Sales,
having their regd. Office at 23, Divya Mahal,
Gyan Mandir Road,
Dadar (West),
Mumbai – 400 028.
...Plaintiff.
V/s.
1. M/S. Aaradhya Oil Industries
a registered partnership firm,
Gate No.449, N.H. No.6, Vikhran,
Taluka Erandol,
Dist. Jalgaon, Maharashtra,
Pin-425103.
2. Mrs. Aarti Bhushan Patil
age not known, occupation:business,
Partner of M/S. Aaradhya Oil Industries
Residing at Jugal Palace,
mali Wada, at Village Paldhi,
-- 1 of 6 --
Suit 1140 of 2019 .. J/2 .. Judgment
Taluka Dharangaon, Dist. Jalgaon,
Maharashtra, Pin -425103.
3. Mr. Dilip Pandharinath Patil
age not known, occupation:business,
Partner of M/S. Aaradhya Oil Industries
Residing at Jugal Palace,
Mali Wada, at Village Paldhi,
Taluka Dharangaon, Dist. Jalgaon,
Maharashtra, Pin -425103.
4. Mr. Jugal Dilip Patil
age not known, occupation:business,
Partner of M/S. Aaradhya Oil Industries
Residing at Jugal Palace,
Mali Wada, at Village Paldhi,
Taluka Dharangaon, Dist. Jalgaon,
Maharashtra, Pin -425103. ..Defendants.
Appearance :
Adv. Paras Vira : for Plaintiff
Ex parte : for Defendants
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
5th April, 2025
J U D G M E N T
(Ex-parte)
(Suit under Order XXXVII of C.P.C.)
This is a suit for recovery of an amount of Rs.1,47,212/-
with 12% p.a.
-- 2 of 6 --
Suit 1140 of 2019 .. J/3 .. Judgment
2. The brief facts of the plaintiff’s case is that:
He is proprietor of M/S. Super Sales, carrying on the
business as a dealers. Defendant No.1 is a partnership firm registered
under the provision of Indian Partnership Act. The defendant Nos.2 to
4 are partners of defendant No.1 and are carrying on the business of oil
processing in the name and style of M/S. Aaradhya Oil Industries. As
per the orders placed, plaintiff sold and supplied to defendant No.1
LUBE SP MILL OIL vide Inovices Nos.397 dated 19.9.2016 of
Rs.88,143/- and No.957 dated 09.03.2017 of Rs.22,286/- through M/s.
Arco Transport Company. The goods were duly received without any
dispute regarding quality, quantity or rates.
3. Oral requests were repetedly made for the payment, but
defendants neglected to make the payment. Hence, on 09.08.2019
legal notice was issued to defendants. The defendants failed to make
the payment. Hence, the suit.
4. The defendants appeared and filed V.P. The plaintiff filed
S.J. 47/2021 to which reply was filed. The S.J. was disposed of on
18.03.2023 wherein conditional leave was granted to defendants
subject to deposit of Rs.1,45,000/- with two months. The defendants
failed to comply the order passed in the S.J. Hence, suit proceeded
further.
5. From the pleadings of plaintiff, following points arise for
my consideration and determination to which I have given my findings
alongwith reasons as under:
-- 3 of 6 --
Suit 1140 of 2019 .. J/4 .. Judgment
Sr. Points Findings
1. Is plaintiff company entitled for recovery of an
amount of Rs.1,47,212/- alongwith 12% p.a from
defendants ?
Affirmative
.
2. What order and decree ? As per final
order.
REASONS
6. In order to substantiate their claim, director of plaintiff
filed his evidence affidavit vide (Exh.7). The documentary evidence
consists of Invoices (Exh.9 Colly), lorry receipts (Exh.10 Colly), demand
notice, postal receipts and envelopes (Exh.11 Colly). Plaintiffs filed
evidence closed pursis (Exh.12).
AS TO POINT NO.1.
7. Heard Adv. Paras Vira for plaintiff and gone through the
entire documents filed on record. The plaintiff filed his evidence
affidavit and reiterated the contents of the plaint. As the suit proceeded
ex-parte, there is no any cross-examination. The documents filed on
record more particularly the two invoices (Exh.9 Colly) shows supply of
LUBE SP MILL OIL to defendants. Further the two lorry receipts Exh.10
colly reveals the goods were transported and there is seal of receipt of
the goods. Thus the documentary evidence proves goods sold and
delivered to defendants. The notice Exh.11 reveals the outstanding
amount was Rs.1,47.212/- with interest was demanded which
defendants failed to pay.
8. Thus the umpteen documents filed on record reveals supply
of goods and outstanding amout of Rs.1,47,212/- which plaintiff is
-- 4 of 6 --
Suit 1140 of 2019 .. J/5 .. Judgment
entitled to recover from defendants. As regards the rate of interest,
though interest 12% p.a is claimed, which is proper in view of the
matter being commercial in nature. Hence, point No.1 is answered in
the affirmative.
AS TO POINT NO.2.
9. In view of my finding to Point No.1, the suit is liable to be
decreed with costs and plaintiff is entitled to recover an amount of
Rs.1,47,212/- with 12% p.a on the principal amount of Rs.1,10,429/-
from the date of filing of the suit. In the result, I proceed to pass
following order.
ORDER
1. The Suit No.1140 of 2019 is decreed with costs.
2. The defendants are directed to pay to the plaintiff an amount of
Rs.1,47,212/- (Rupees One Lakh Forty Seven Thousand Two
Hundred Twelve only) with 12% p.a on the principal amount of
Rs.1,10,429/- from the date of filing of the suit till its realisation.
3. The Decree be drawn up accordingly.
4. The R and P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:05-04-2025 City Civil Court, Mazgaon,
MUMBAI MUMBAI.
Dictated on : 05-04-2025
Transcribed on : 24-04-2025
checked on : 28-04-2025
Signed on : 28-04-2025
(N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
-- 5 of 6 --
Suit 1140 of 2019 .. J/6 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.04.2025 at 06.00 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
05.04.2025
Judgment/order signed by P.O. on 28.04.2025
Judgment/order uploaded on
due to non working of cis
28.04.2025
-- 6 of 6 --