Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010100902019 Presented on 01/10/2019
Registered on 13/11/2019
Decided on 05/07/2025
Duration 05Y: 09M: 04D
Exhibit 11
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO. 1092 OF 2019
M/s. Shree Maruti Courier Services Pvt.Ltd.
A company registered under the Indian
Companies Act, 1956, Represented through
its Regional Manager Mr. Ranabhai S.
Kodiyatar, having its Regional Office
Address at Shop No.10 and 11, Parshmani
Commercial Complex, MMGS Marg,
Naigaon Cross Road, Dadar East, Mumbai-
400014. Mob. No. 9594299099. ...Plaintiff
VERSUS
1. M/s. RA Fashions Pvt. Ltd.
A Private Limited Company registered
under the Company Act 1956, having office
at B-1, 405, Boomerang, Village Sakinaka,
Chandivali, Andheri (East),
Mumbai-400072.
2. Mr. Ravindra Bisheshwar Agarwal
Adult Indian Inhabitant of Mumbai Aged
about: not known, Occ-Business.
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3. Ms. Asha Ravindra Agarwal
Adult Indian Inhabitant of Mumbai Aged
about: not known, Occ-Business
Both the Directors of M/s. RA Fashions Pvt.
Ltd. having address at Flat No.902, R.N.A.
Mirage, S. K. Ahire Marg, Worli,
Mumbai-400030. ...Defendants
Appearance :
Adv. Shivani Prasad : for Plaintiff
Ex parte : for Defendants
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
05th July, 2025
J U D G M E N T
(Ex-parte)
This is a suit under order Order XXXVII, Rule 1 of C.P.C. for
recovery of an amount of Rs. 50,530/- along with interest at the rate
of 18% p.a.
2] The brief facts of the plaintiff’s case is that:
The plaintiff is a Company registered under the Indian
Companies Act, 1956 and engaged in the business of providing Courier
& Logistic Services. In the month of March 2017, defendant Nos. 2 and
3 on behalf of defendant No.1 company approached plaintiff to avail
the courier services for delivery of their business courier and parcels.
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The Courier Services were provided to defendants and invoices were
raised on time and part payments were paid without any protest till
August, 2017. However, bills of five invoices of Rs. 50,530/- is
outstanding.
3] It is their further case that defendants to discharge their
liability issued cheques bearing No.181722 dated 06/02/2018 of
Rs.13,160/-, cheque No. 181721 dated 14/02/2018 of Rs.18,219/-,
Cheque No.181720 dated 05/03/2018 of amount of Rs.27,559/- and
cheque No.182113 dated 19/07/2018 of Rs. 9,702/-. However, when
presented said cheques same were dishonored with the endorsement,
“Funds insufficient”. Therefore, plaintiff issued legal notice dated
16/07/2019. Inspite of it defendants failed to pay the outstanding
amount. Hence, present suit.
4] The writ of summons were duly served on the defendants.
The affidavit of service is filed at Exhibit-02. As defendants failed to
appear on 23/03/2022, order was passed wherein suit was directed to
proceed ex-parte.
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:
Sr. Points Findings
1. Whether plaintiffs are entitled for recovery of an
amount of Rs.50,530/- along with interest as
claimed ?
Partly
affirmative
2. What order and decree ? As per final
order.
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REASONS
6] In order to substantiate its claim, plaintiff company filed
evidence affidavit of their authorized representative Mr. Ranabhai S.
Kodiyatar vide Exh.3 and filed list of documents vide Exh.4. Though the
documents were filed alongwith list of documents, but they remained to
be exhibited. As the suit is exparte and original documents are filed on
record, they are now marked as exhibits i.e. i) 6 Invoices are marked as
Exh. 7 colly. ii) 4 cheques are marked as Exh.8 colly. iii) Copy of notice
dated 28/05/2019 alongwith Postal Receipt dated 28/05/2019,
Acknowledgment cards and returned envelopes are marked as Exh.9
colly. iv) Office copy of legal demand notice dated 16/07/2019
alongwith Postal Receipt dated 17/07/2019 and Return Envelops are
marked as Exh. 10 colly. The plaintiff has filed close evidence pursis
vide Exh. 5.
AS TO POINT NO.1.
7] Heard Ld. Adv. Shivani Prasad for plaintiff and gone
through the entire documents filed on record. It is the plaintiff’s case
that they provided Courier Services to defendants and raised invoices
and to repay the amount, four cheques were issued. When the said
cheques were presented for encashment returned unpaid with
endorsement, “Funds Insufficient”. In order to prove the same affidavit
of evidence of authorized representative is filed which is verbatim of the
plaint. In absence of cross examination, the contents of plaint, evidence
and documents filed on record have gone unchallenged. The invoices
Exh. 7 (colly.) reveals that the invoices were raised for the services
provided to the defendants. Further cheques Exh. 8 (colly.) reveals it
returned unpaid with remark, “Funds insufficient”. The legal notices at
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Exh. 9 and 10 (colly.) reveals the amount was demanded from the
defendants, which they failed to pay.
8] Thus, the undisputed and unchallenged evidence of the
authorized representative of plaintiff and the umpteen documents on
record prove that defendants, though availing the services of the
plaintiff, failed to honour the cheques. Hence, plaintiff company is
entitled to recover the outstanding amount of Rs. 50,530/-. As regards
the rate of interest, though plaintiff prayed 18% p.a., however, it was
not an agreed rate of interest. However, considering that the transaction
between the plaintiff and defendants was commercial in nature, I am of
the view that 12% p.a. would be reasonable rate of interest. Hence,
Point No.1 is answered accordingly.
AS TO POINT NO.2:
09] In view of my finding to Point No.1, the suit is liable to be
partly decreed with costs and plaintiff is entitled to recover an amount
of Rs. 50,530/- with 12% p.a. In the result, I proceed to pass following
order.
ORDER
1. The Summary Suit No.1092 of 2019 is partly decreed with costs.
2. The defendants are hereby directed to pay to plaintiff an amount of
Rs.50,530/- (Rs.Fifty Thousand Five Hundred and Thirty only)
with interest at the rate of 12% p.a. from the date of filing of the
suit till realization.
3. The decree be drawn up accordingly.
4. The court fees be refunded as per rules.
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5. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:05/07/2025 City Civil Court, Mazgaon,
MUMBAI
Dictated on : 05/07/2025
Transcribed on : 08/07/2025
checked on : 08/07/2025
Signed on : 08/07/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09/07/2025 at 2.45p.m.
UPLOAD DATE AND TIME
(Mrs. V. V. Malgaonkar )
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
05/07/2025
Judgment/order signed by P.O. on 08/07/2025
Judgment/order uploaded on 09/07/2025
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