Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No.1932 of 2021 1
MHCC010101612019
Presented on : 03-10-2019
Registered on : 19-11-2019
Decided on : 14-07-2023
Duration : 3 Yr, 9 M, 11 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.1932 OF 2021.
Exh. 10.
M/s. Jindal Traders Co. ]
614, 6th floor, B-1 Kakad Market, 306, Kalbadevi ]
Road, Mumbai 400 002. ]
Through Constituted Attroney Mr.Mukeshkumar ]
Harmukhrai Jindal, appointed ]
by Prop. Mr. Harmukhrai Govardhandas Jindal. ]....Plaintiff.
Vs.
1.M/s. Royal Enterprises ]
Lions School, Junagadh Road, ]
Jetpur District Rajkot ]
Gujrat Pin 360 370. ]
2. Mrs. Aratiben Jalpeshbhai Babariya ]
Priprietor of M/s. Royal Enterprise, ]
Lions School, Junagadh Road, Jetpur, ]
Distrist Rajkot Gujrat Pin 360 370. ]...Defendants.
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Judgment in
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Appearance:
Adv. Dheeraj Rathor for plaintiff.
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :14th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.2,84,913/- with
interest at the rate of 18%p.a..
Brief facts of the case are as under :
2. The plaintiff contends that it is carrying business of
processing grey cloth purchased from various client and delivering the said
finished goods to customer. Defendant No.1 is the proprietary concern of
which defendant No.2 is proprietor of it. In the month of November 2017,
the defendants have placed order to the plaintiff to supply material of
bleached cambric taxable. Accordingly, plaintiff dispatched the goods
worth of Rs. 2,20,194/- on 13.11.2017.
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3. The plaintiff further specifically contends that as per invoice,
defendants ought to have pay the price of goods within 60 days
from the
date of the invoice. But he failed. Hence, the plaintiff sent notice to him
on 21.05.2019. As per invoice, defendants are liable to pay interest at the
rate of 18% p.a. Hence, on 30.08.2019 defendants are liable to pay the
suit amount with interest at the rate of 18% p.a.. Hence, this suit.
4. Defendant Nos. 1 & 2 are duly served with writ of summons
but they failed to appear. Therefore, the suit proceeded exparte against
them as per order dated 17.11.2022.
5. The plaintiff filed affidavit of evidence of Mukesh Kumar
Harmukhrai Jindal, the Power of Attorney of plaintiff’s company at Exh. 6
along with List of Documents at Exh. 7 which he has proved in his
evidence. The plaintiff has filed Copy of Power of Attorney dated
12.09.2019 which shows that he is authorised person to depose on behalf
of plaintiff, original Invoice No. 295 dated 13.11.2017, original challan No.
12465, 12466 & 12467, original advocate recovery notice dated
21.05.2019, two postal receipts dated 22.05.2019, acknowledgment of two
postal A/D cards and original reply of defendant advocate dated 31.05.209
along with List Exh. 7 which is marked as Exh.8 (colly). Plaintiff has also
filed evidence close pursis vide Exh. 9.
6. Considering the facts, evidence and law applicable to the case,
following points arise for determination.:
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Judgment in
Suit No.1932 of 2021 4
Sr. No. POINTS FINDINGS
1.
Whether the plaintiff is
entitled to recover an amount
of Rs.2,84,913/- at the rate of
18% p.a.
....Partly Yes....
with interest @ 6%pa.
2.
Whether the suit is within the
limitation. ...Yes....
3. What order and decree? Suit is partly decreed.
:REASON:
As to point No. 1 to 2.:
7. It is needless to say that as suit proceeded exparte, hence, the
pleading and evidence of the plaintiff has remained unchallenged. On
perusal of record, it is seen that plaintiff had delivered goods as per order
placed by defendants on 13.11.2017. The plaintiff claims from defendants
an amount of Rs.2,84,913/-. The contents of invoice supports the
contends of the plaintiff that defendants ought to have repay an amount
within 60 days from the deliver of the goods..
8. The plaintiff has claimed the interest at the rate of 18 % p.a.
on principal amount. At the cost of repetition, it is note that the evidence
remained unchallenged. It is sufficiently brought on record that the
plaintiff has delivered the goods to the defendants on 13.11.2017 of worth
of Rs. 2,20,194/-. The copy of Invoice No.294 dated 13.11.2017, copy of
challans fortifies the contentions of the plaintiff . Though the plaintiff has
contends that he is entitled to recovery an amount at the rate of 18% p.a. ,
the invoice is silent as to the rate of interest. Therefore, the plaintiff is not
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Judgment in
Suit No.1932 of 2021 5
entitled to recover an amount of Rs. 2,20,194/- at the rate of 18% p.a.
Hence, in such circumstances, the interest at the rate of 6 % pa. needs to
be levied from the date of the suit. Therefore, it is held that the plaintiff is
entitled to recover an amount of Rs.2,20,194/- with interest at the rate of
6% p.a. Thus, the plaintiff is entitled to recover an amount of Rs.
2,20,194/- with interest at the rate of 6% p.a. from the date of the suit till
its realization. Resultantly, point Nos. 1 & 2 are answered in the
affirmative.
9. The suit is proceeded exparte. The suit is going to decree. In
such circumstances, it would be just and proper to direct the plaintiff to
bear the costs of the proceedings. Accordingly, in answer to point No. 3,
following order is passed :
ORDER
1. Suit No. 1932 of 2021 is partly decreed.
2. Defendant Nos. 1 & 2, jointly and severally to pay an
amount of Rs.2,20,194/- to the plaintiff with interest at the
rate of 6% p.a. from the date of the suit till its realisation.
3. Defendants are directed to pay an amount of decree
within two months from the date of this order to Plaintiff.
4. Both parties to bear their own cost.
5. Decree be drawn up accordingly.
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6. Suit No. 1932 of 2021 is disposed off accordingly.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:14.07.2023 Greater Bombay (CR 59).
Declared on : 14.07.2023
Dictated on : 14.07.2023
Transcribed on : 28.07.2023
Checked on : 28.07.2023
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.08.2023 at 11.30 -a.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 14.07.2023
Order signed by P.O. on 02.08.2023
order uploaded on 07.08.2023
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