Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Commercial Suit No.207/2019
Received on : 30.09.2019
Registered on : 22.11.2019
Decided on : 10.02.2020
Duration : Y M D
00 04 11
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO. 207 OF 2019
CNR NO.: MHCC01-009978-2019
M/s. Chetana Book Depot,
a partnership frm, Noo knoon as
Chetana Publications India, LLP).
having its registered ofce at 4th Floor,
‘B’ Wing, Building ‘E’ Trade Link, Kamla
City, Above Bombay Canteen, Looer Parel,
Mumbai 400 013. ...Plaintif
V/s.
1. OXFO English School,
C/o Meera’s Academy,
Dev Shakti Chaol, Near Dev Ashish-
Building, Amrut Nagar,
Ghatkopar, Mumbai – 400086.
2. Mr. Syed Zubir, an adult, age not
knoon, C/o Meera’s Academy
Dev Shakti Chaol, Near Dev Ashish-
Building, Amrut Nagar,
Ghatkopar, Mumbai – 400086.
3. Shiva Shetty Memorial Educational
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Trust, ½ Deooo Shetty Chaol, Nityanand
Colony, Parksite, Vikhroli W),
Mumbai – 400 079. ...Defendants
Appearances:-
Advocate Mr. Sudhakar G. Lakhani for the Plaintif.
Defendants Ex-parte.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO. 14)
DATED : 10th FEBRUARY, 2020.
[ J U D G M E N T ]
Story of plaintif in short is as under :-
1. Plaintif has stated that pursuant to the order placed by
the defendants for supply of educational books, the plaintif
sold, supplied and delivered to the defendants the educational
books hereinafter referred to as the said goods) through their
oon Tempo during the period from May, 2017 to October,
2017 as per their requirement in respect of their school.
Plaintif has further stated that they submitted their Invoices
to the defendants from time to time for an aggregate amount
of Rs.5,14,555/- in respect of the said goods. The said invoices
inter alia provide that interest @ 18% p.a. oould be charged if
payment is made after 30 days from the date of the invoices.
2. Plaintif has further stated that the defendants have
returned goods for an aggregate amount of Rs.99,743/-. The
defendants have also made payment of a sum of Rs.50,000/-.
Hooever, the defendants have admittedly failed to make
payment of the balance amount of Rs.3,64,812/- in respect of
the follooing Invoices in the stipulated time as provided under
the said invoice.
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Date Invoice No. Amount Rs.)
1. 3-6-2017 8511.01 Bal. Amount 71,174/-
2. 3-6-2017 8510.01 59,373/-
3. 3-6-2017 8499.01 62,985/-
4. 3-6-2017 8495.01 1,36,553/-
5. 13-6-2017 10151.01 34,319/-
6. 10-10-2017 19904.01 408/-
==========
Total. 3,64,812/-
The defendants are therefore bound and liable to pay interest
as provided in the said invoices.
3. Plaintif has further stated that in spite of repeated
requests and demands by the plaintif from time to time, the
defendants have failed and neglected to make payment of the
balance amount of Rs.3,64,812/- as aforesaid in respect of the
said invoices to the plaintif. Plaintif therefore, through their
Advocate’s notice dated 6-12-2018 inter alia called upon the
defendants to make payment of the amount of Rs.3,64,812/-
together oith interest due thereon as mentioned in the said
notice. Hooever, the defendants have so far failed and
neglected to make payment of the same to the plaintif.
4. Plaintif has further stated that thus there is noo due
and payable by the defendants to the plaintif a sum of
Rs.4,75,732/- comprising a sum of Rs.3,64,812/- being the
principal amount and a sum of Rs.1,10920/- being the amount
of interest @ 18% p.a. from due date till the date of fling of
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the suit i.e. till 12.03.2019 as per particulars of claim.
Therefore, plaintif fled this suit.
5. Defendants failed to appear in the suit, therefore, suit
has proceeded ex-parte against them.
6. Heard the Ld. Advocate for the plaintif.
7. Follooing points arise for determination and their
fndings follooed by reasons are as stated beloo.
Sr.
No.
POINTS FINDINGS
1. Whether the defendants can be
directed to pay sum of
Rs.4,75,732/- to plaintif along
oith interest @ 18% p.a. on the
amount of Rs.3,64,812/- from
the date of fling of the suit till
its realisation ?
… Partly in the
afrmative.
2. What order and Decree ? ...As per fnal order
REASONS
8. Plaintif relied upon the follooing documents as
documentary evidence ohich are as under :
Sr.
No.
Exhibits Particulars
1. Exh.6 True copy of the Pooer of Attorney.
2. Exh.7 Copy of Mediation Application Form fled before
the Mediator.
3. Exh.8 Non-Starter report for the pre-institution
Mediation.
4. Exh.9 Invoice No.8511.01 dated 3.6.2017 for
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Rs.81,600/-.
5. Exh.10 Invoice No.8510.01 dated 3.6.2017 for
Rs.59,373/-.
6. Exh.11 Invoice No.8499.01 dated 3.6.2017 for
Rs.62,985/-.
7. Exh.12 Invoice No.8495.01 dated 4.6.2017 for
Rs.1,36,553/-.
8. Exh.13 Invoice No.10151.01 dated 13.6.2017 for
Rs.34,319/-.
9. Exh.14 Invoice No.19904.01 dated 10.10.2017 for
Rs.408/-.
10. Exh.15 Ofce copy of notice dated 6/2/2018 from
plaintif’s Advocate to defendants along oith
postal acknooledgements.
AS TO POINT NOS. 1 AND 2:
9. Plaintif has adduced evidence of PW1- Shaji John, the
Constituted Attorney of the plaintif in the form of afdavit
beloo Exh.4 and he has stated in his evidence that pursuant
to the oral order placed by the defendants for supply of
educational books, plaintif sold, supplied and delivered to the
defendants during the month from May, 2017 to October,
2017, the educations books as per defendants’ requirement
through the plaintifs’ oon Tempo. Plaintif submitted their
invoices for an aggregate amount of Rs.5,14,555/- in respect
of the said goods being so sold, supplied and delivered to the
defendants and the same oere duly accepted by the
defendants oithout any complaint. The said invoices inter alia
provide that interest @ 18% p.a. oould be charged if payment
is made after 30 days from the date of the invoices.
10. PW1- Shaji John has further stated that the defendants
have made payment of a sum of Rs.50,000/- on or about
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22/9/2017 by cheque. The defendants have also returned
goods oorth Rs.99,743/- and plaintif have given credit for the
said amount of Rs.99,743/-. Hooever, the defendants have
admittedly failed to make payment of the balance amount of
Rs.3,64,812/- in respect of six invoices in the stipulated time
as provided under the said invoices. The defendants are
therefore bound and liable to pay interest as provided in the
said invoices.
11. PW1- Shaji John has further stated that in spite of
repeated requests, demands and reminders by the plaintif,
the defendants have failed and neglected to make payment of
the said amount of Rs.3,64,812/-. The plaintif therefore by
their Advocate’s notice dated 6.12.2018 inter alia called upon
the defendants to make payment of the sum of Rs.3,64,812/-
together oith interest at the rate of 18% from due date till the
realization of the amount oithin 15 days from the date of
receipt of the said notice by the defendants, failing ohich the
plaintif oould have no other alternative but to take
appropriate action against the defendants to recover the said
outstanding dues at the defendants’ cost. The said notice oas
sent by RPAD and the same oas duly received by the
defendants.
12. Plaintif has produced documents ohich are True Copy
of Pooer of Attorney, Copy of Mediation Application Form fled
before the Mediator, Non-Starter report for the pre-institution
Mediation, Invoices and copy of Notice dated 6.2.2018 from
plaintif’s Advocate to defendants along oith postal
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acknooledgments on record as documentary evidence. The
oral evidence of plaintif is corroborated by documentary
evidence. Defendants have failed to fle Written Statement
and challenge the allegations of plaintif. Defendants have
failed to take cross-examination of plaintif and lead evidence.
Therefore, due to these circumstances, plaintif has proved
that he is entitled to get sum of Rs.4,75,732/- from the
defendants.
13. It appears that as per Section 34 of the Code of Civil
Procedure, 1908 it oill be proper to direct defendants to give
interest at the rate of 9% p.a. on the amount of Rs.3,64,812/-
from the date of fling of the suit till its realisation. Hence,
ansoer point No.1 in the partly afrmative and pass follooing
Order:-
ORDER
1. Suit is partly decreed oith cost.
2. Defendant Nos. 1 to 3 are directed to pay sum of
Rs.4,75,732/- to plaintif along oith interest at the rate of
9% p.a. on the sum of Rs.3,64,812/- from the date of fling
of the suit till its realisation.
3. Decree be draon accordingly.
4. Court fee be refunded as per rules.
(SONALI P. AGARWAL)
Judge,
Date: 10.02.2020. City Civil Court,
Gr. Bombay.
Dictated on : 10.02.2020
Transcribed on : 10.02.2020
Signed on : 10.02.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18.02.2020 At 03:49 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge With Court
Room No.)
HHJ SONALI P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
10.02.2020
Judgment/Order signed by P.O.
on
10.02.2020
Judgment/Order uploaded on 18.02.2020
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