Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum Suit No.1061 of 2019 .. J/1 ..
MHCC010108552019 Presented on : 19.11.2019
Registered on : 05.11.2019
Decided on : 04.11.2025
Duration : 06 Y 00 M 16 D
Exhibit :
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.1061 OF 2019
M/s. Eardrum through its Proprietor,
Mr. Ronnie Desai, Age 67 years,
having address at Sound Recording Studio,
102, Turf Estate, Shakti Mill Lane,
Dr. E. Moses Road, Mahalakshmi (W),
Mumbai – 400 011. ...Plaintiff.
VERSUS
1. Boon Castle Media and Entertainment Pvt. Ltd.
Company,
having its address 102/F4, 102 Siddiqui
Mohammad Chawl, Old Prabhadevi Road, Behind
Bengal Chemical, Mumbai – 400 025.
2. Mr. Ashish Manchanda,
Director/Authorized Signatory of Boon Castle
Media and Entertainment Pvt. Ltd. Co.,
having its address 102/F4, 102 Siddiqui
Mohammad Chawl, Old Prabhadevi Road, Behind
Bengal Chemical, Mumbai – 400 025. …Defendants.
Appearances :
Adv. Ankit Rajput : for Plaintiff.
Ex-parte
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CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 4th November, 2025
JUDGMENT
(Ex-parte)
This is a Summary Suit under Order XXXVII Rule.2 of the
CPC for recovery of an amount of Rs.1,84,365/- with 18% p.a based on
cheques.
2. In nutshell the case of the plaintiff company is that:
The plaintiff is a proprietary firm carrying on business of
producing the audio recording contents for film, television, radio,
digital and other media. The defendant No.1 is private limited company
registered under the Companies Act, 1956 of which defendant No.2 is
the Director/Authorized signatory of defendant No.1. The defendants
were allowed to use the plaintiff’s studio for recording purpose on
monthly basis on fixed hours utilization charges for which invoices were
issued and payment were made after deducting TDS.
3. It is further case that he had raised following invoice worth
Rs.2,83,200/-.
Sr. Invoice No. Date Amount
a) 1007/19-20 07/05/2019 Rs.47,200/-
b) 1008/19-20 07/05/2019 Rs.59,000/-
c) 1010/19-20 07/06/2019 Rs.59,000/-
d) 1017/19-20) 11/07/2019 Rs.59,000/-
e) 1022/19-20) 01/08/2019 Rs.59,000/-
Total Rs.2,83,200/-
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4. The defendant admitted the liability and against invoice
No.1007/19-20 made part payment of Rs.7,200/- and for the balance
amount of Rs.40,000/- issued cheque No.000298 dated 12.07.2019 of
Rs.36,000/- after deducting TDS of Rs.4,000/-. Against invoice
1008/19-20 issued cheque No.000300 dated 12.07.2019 of Rs.54,000/-
after deducting TDS of Rs.5,000/-. When deposited, both the cheques
returned unpaid for reasons ‘funds insufficient’. After issuance of
demand notice, defendants made payment of two cheques and
promised to repay the outstanding amount of Rs.1,77,000/-. However,
it was not made. Hence, suit.
5. The defendants were duly served, but failed to appear,
hence, by an order dated 09.01.2020, the suit proceeded ex-parte.
6. From the pleadings, 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 entitled for recovery of an amount of
Rs.1,84,365/- (principal amount of Rs.1,77,000/-)
with 18% p.a ?
Partly
Affirmative.
2. What order and decree ? As per final
order.
REASONS
7. In order to substantiate the suit claim, plaintiff examined
himself by filing his evidence affidavit vide Exh.02 and placed reliance
on following documents namely, 5 invoices (Exh.4 Colly), bank
statement (Exh.5), demand notice and RPAD notice (Exh.6) and
particulars of claim (Exh.7).
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AS TO POINT NO.1 :
8. None argued. Considering the suit to be of the year 2019, it
was proceeded without argument. The suit is ex-parte. The evidence
affidavit of plaintiff which is verbatim of the plaint in absence of cross-
examination has gone unchallenged. The 5 invoices (Exh.4 Colly) shows
the studio was hired by defendants for which the charges were levied by
issuing the invoices. As per the pleadings and evidence affidavit, after
making part payment of invoice No.1007 and 1008, the remaining
amount of Rs.1,77,000/- remained unpaid which inspite of notice
(Exh.6) not paid. Thus, the unchallenged testimony of the document
filed on record proves the contents of the plaint as well as outstanding
amount of Rs.1,77,000/-.
9. The plaintiff claimed interest of 18% p.a, however, the rate
of interest it is not mentioned on the invoices. However, considering the
transaction to be commercial in nature, I am of the view that, interest
@ 12% p.a on the principal amount is just and reasonable rate of
interest. Hence, point No.1 is answered partly in the affirmative.
10. In view of above discussion, I proceed to pass following
order.
ORDER
1. The Summary Suit No.1061 of 2019 is partly decreed with costs.
2. The defendants are directed to pay to plaintiff an amount of
Rs.1,77,000/- (Rs. One Lakh Seventy Seven Thousand only) with
12% p.a from the date of filing of the suit till its realization.
3. The decree be drawn up accordingly.
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4. The Court fees be refunded as per rules.
5. The R & P be sent to the Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:04.11.2025 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 04.11.2025
Transcribed on : 06.11.2025
checked on : 10.11.2025
Signed on : 10.11.2025 (N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.11.2025 at 05.30 p.m.
UPLOAD DATE AND TIME (MANISHA SRINATH)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
04.11.2025
Judgment/order signed by P.O. on 10.11.2025
Judgment/order uploaded on 10.11.2025
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