Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010103912019
Presented on 10-10-2019
Registered on 07-11-2019
Decided on 02.08.2025
Duration Year Month Days
05 09 23
CNR No. MHCC010103912019
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.692 OF 2021
M/S Resitex, a registered Partnership Firm,
through its Partner, Mr. Siddhant Seksaria, age
25 years,
having their registered office at,
49, 4th Floor, Tardeo Air Condition Market,
Tardeo, Mumbai 400 034.
...Plaintiff
VERSUS
RPM Abrasive Manufacture,
a registered Partnership Firm,
Through its Managing Partner, Mr. Manish
Kachrola,
having its office at, Sr. No.213, Hadmatiya
Road, Near Elite International School,
At. Hadmatiya - 363650, Taluka - Tankara,
District - Morbi. …Defendant
Appearance :
Adv. Varad Jadhav : for Plaintiff
Ex-parte : for Defendants
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Sum Suit 692 of 2021 .. J/2 .. Judgment
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
2nd August, 2025
J U D G M E N T
(Ex-parte)
This is a suit under order Order XXXVII, Rule.2 of C.P.C. for
recovery of an amount of Rs.10,72,481/- with 24% p.a based on invoices.
2. The brief facts necessary to decide the suit is that:
The plaintiff is a registered partnership firm involved in
business of manufacturing of Resin Impregnated Fiberglass Discs (in short
RIFD). The defendant is a partnership firm involved in the business of
manufacture of grinding wheels for industrial use. The defendant placed
regular orders for RIFD and for each order separate invoice was issued. From
27.06.2016 to 20.05.2017 the defendant placed 24 orders for different
quantities of RIFD for which invoices given in tabular form in plaint where
issued to defendant. The total value of the goods supplied was
Rs.19,65,089/-. The goods were supplied through Lalji Mulji Transport Co.,
and delivery challans were issued. The defendant paid Rs.8,92,000/- and an
amount of Rs.10,72,481/- is outstanding as per the ledger account. The
amount received from the defendant were adjusted with the pending dues.
3. It is further case of the plaintiff that the remaining amount of
Rs.10,72,481/- was demanded from the time to time by whatsapp messages,
E-mail and by telephone. The defendant issued cheque No.000142
dt.11.09.2017 of Rs.1,00,000/-. When deposited, it returned unpaid with
reason “funds insufficient”. Demand notice on 06.10.2017 U/Sec. 138 of NI
Act was issued, however, inspite of it defendant fail to make the payment.
Hence, suit.
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4. The suit was initially filed as commercial Suit No.174/2019.
However, in view of order passed in NM No.501/2020, the suit was
transferred to the registry to register it as Summary Suit.
5. The defendant was served by way of substitute service by paper
publication. As the defendant failed to appear hence, by an order dt.
17.09.2022 suit was directed to proceed Ex-parte.
6. 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. Is plaintiff firm entitled for recovery of an amount of
Rs.10,72,481/- with 24% p.a from defendant ?
Partly
affirmative
2. What order and decree ? As per final
order.
REASONS
7. In order to substantiate the claim, Mr. Siddhant S. Seksaria the
partner of plaintiff firm filed evidence affidavit vide Exh.9 and filed list of
documents vide Exh.10. The documents are Photocopy of certificate of
partnership Exh.11, Photocopy of partners deed Exh.12, Resolution Exh.13,
Particulars of claim Exh.14, Invoices Exh.15 (colly), Delivery Challans
Exh.16(colly), Extract of ledger account Exh.17, Printo outs of Whatsapp
chats alongwith certificate U/sec.65 B of Indian Evidence Act. Ext. 18, Cheque
dt.11.09.2017 alongwith return memo Exh.19, OC of notice alongwith
certificate Exh.20.
AS TO POINT NO.1.
8. Heard Adv. Pai for plaintiff and gone through the entire
documents filed on record. It is the case of the plaintiff firm that they have
sold, supplied and delivered Fiberglass Discs worth Rs.19,65,089/-from
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Sum Suit 692 of 2021 .. J/4 .. Judgment
27.06.2016 to 20.05.2017 delivered through Lalji Mulji Transport. An amount
of Rs.8,92,000/- was paid, whereas, an amount of Rs.10,72,481/- is
outstanding which defendants failed to pay inspite of repeated reminders and
legal notice. According to Adv. Pai, the entire evidence of the partner of
plaintiff and the documents in absence of cross-examination have gone
unchallenged. Hence, prayed for decreeing the suit.
9. The invoices Exh.15 (colly) and delivery challans Exh.16 (colly)
shows goods were sold, supplied and delivered to defendant. The extract of
ledger account Exh.17 shows an amount of Rs.10,72,481/- is outstanding.
Further the cheque and returned memo Exh.19 shows the cheque was
dishonoured when presented for encashment. Thus the unchallenged
evidence of partner of plaintiff and the umpteen documents filed on record
goes to show that defendant is in arrears of an amount of Rs.10,72,481/-
which he failed to repay inspite of repeated demand and legal notice. In
absence of any written statement, the contents of evidence affidavit and the
documents have gone unchallenged and deemed to be admitted. Hence, this
Court is left with no option but to accept the evidence.
10. As per plaintiff an amount of Rs.10,72,481/- (principal amount)
is outstanding which defendant failed to repay it. The plaintiff firm is entitled
for the same. As regards the rate of interest, though the transaction is
commercial in nature, however, 24% was not an agreed rate of interest.
Hence, interest of 12% p.a would be reasonable rate of interest from
06.10.2017 i.e. the date of issuance of demand notice. Hence, Point No.1 is
answered accordingly.
AS TO POINT NO.2:
11. In view of my finding to Point No.1, the suit is liable to be partly
decreed with costs and plaintiff firm is entitled to recover the principal
amount of Rs.10,72,481/- with 12% p.a from the date of issuance of notice
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Sum Suit 692 of 2021 .. J/5 .. Judgment
dated 06.10.2017 till realization. In the result, I proceed to pass following
order.
ORDER
1. The Summary Suit No.692 of 2021 is partly decreed with costs.
2. The defendants are hereby directed to pay to plaintiff firm an
amount of Rs.10,72,481/- (Rs. Ten Lakh Seventy Two Thousand
Four Hundred and Eighty One only) with 12% p.a from 06.10.2017
till realization.
3. The decree be drawn up accordingly.
4. The court fees be refunded as per rules.
5. The R & P be sent to record department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:02.08.2025 City Civil Court, Mazgaon,
MUMBAI
Dictated on : 02.08.2025
Transcribed on : 07/08/2025
checked on : 07/08/2025
Signed on : 07/08/2025
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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Sum Suit 692 of 2021 .. J/6 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.08.2025 at 05.30 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
02.08.2025
Judgment/order signed by P.O. on 07.08.2025
Judgment/order uploaded on
due to cis closed.
07.08.2025
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