Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.S.No.12172019 1
Exh
Lodged on 24/10/2019
Decided on 27/06/2022
Duration on 02Ys.08Ms.03Ds.
MHCC010110012019
IN THE CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1217 OF 2019
Chetana Publication (I) LLP
A Partnership Firm,
Through their Constituted Attorney
Mr.Rajesh Kamble
4th floor, Trade Link, E Wing,
“B” Block, Kamala City,
Above Bombay Canteen,
Lower Parel, Mumbai400 013 .. Plaintiff
Vs.
Vyankatesh Agencies
C/o. Suresh Emporium,
Main Road, Sarafa Market,
Silod 431112 Dist.Aurangabad ..Defendant
Appearance:
Ld.Counsel Megha Jani for plaintiff.
None for defendants.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 27th June,2022 C.R.NO.15
EXPARTE JUDGMENT
This is the Summary Suit for recovery amount towards
unpaid goods.
The facts of the case in brief are as follows:
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2. The plaintiff is partnership firm carrying on business and
dealing in sale of educational books. Since the year 20182019,
the plaintiff had supplied educational books to the defendant.
Defendant received books. There is no complaint regarding the
quantity, quality and nature of the goods. From time to time,
the plaintiff had raised invoices out of those invoices, plaintiff
received only amount of Rs.72,650/ by way of part payment.
In discharge of the liability to repay the balance amount. The
defendant had issued cheque towards Rs.3,44,896/
dtd.1/12/2018. The said cheque was dishonoured. In the
meantime, the defendant had returned certain books. Plaintiff
issued credit note towards the return amount of Rs.2,01,034/ is
due from defendants. The plaintiff is seeking to recover amount
with interest.
3. Summons were issued to the defendant. As per order
dtd.9/11/2021, my Predecessor had ordered that the suit to
proceed exparte and defendant failed to appear despite repeat of
summons. The suit therefore proceed exparte.
4. This is suit for recovery of the amount towards the goods
supplied by the plaintiff to the defendant. He has filed on
record affidavit in support of his averment and also invoices and
dishonoured cheque. Accordingly, plaintiff there is no dispute
about quality, quantity and prices of the goods. Hence, after
adjusting credit note he is entitled to recover amount of
Rs.2,01,034/ with interest. As the suit is proceeded exparte
and evidence adduced by plaintiff has gone unchallenged.
There is no impediment in relying upon the unchallenged
evidence. The averments on record supported by the documents
shows that an amount of Rs.2,01,034/ is due from the
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Sum.S.No.12172019 3
defendant to the plaintiff towards books supplied and further
interest at the rate of 18% p.a. on the principle amount. The
plaintiff is seeking amount of Rs.2,30,313/ alongwith interest.
Hence, following order is passed.
ORDER
1. The suit is decreed with costs.
2. The plaintiff is entitled to recover an amount of
Rs.2,30,313/ from defendant with interest at the rate of
9% p.a. from the date of suit till realization of amount.
3. Decree be drawn up accordingly.
Date : 27/06/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 27/06/2022
Transcribed on : 29/06/2022
HHJ Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/06/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
27/06/2022
JUDGMENT/ORDER signed by P.O.
on
30/06/2022
JUDGMENT/ORDER uploaded on 30/06/2022
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