Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1/7 Judgment in Com. Suit No. 205/2019
Lodged on : 04.11.2019
Admitted on : 22.11.2019
Decided on : 28.04.2023
Duration : Y M D
3 5 24
IN THE COURT OF CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO. 205 of 2019
CNR NO. : MHCC010111712019
Exh.18
Vaibhav Industries
A partnership firm registered under
Indian Partnership Act having address
at 216, Jhalawar, 2nd floor, Patanwala
Complex, L.B.S. Marg, Ghatkopar (W),
Mumbai 400 086 through its partner
Mr. Rajesh Desai ...Plaintiff
Versus
1. Ever Health Life Sciences Pvt. Ltd.
A company incorporated under the
Indian Companies Act, 1956 having
address at 4015/114/1,
Brindavan Colony Labbipet, Vijaywada,
Andhra Pradesh 520010
and Plot Nos. 408 & 419, APIIC Growth
Centre, Annagi (PO), Ongole (M),
Prakasham District, Andhra Pradesh.
2. Vinod Verma Penmetsa
Director of the Ever Health Life
Sciences Pvt. Ltd. Having address at
4015/114/1, Brindavan Colony Labbipet,
Vijaywada, Andhra Pradesh 520010.
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3. Venkata Sudharshan Subba
Raju Kalidindi, Directors of the
Ever Health Life Sciences Pvt. Ltd.
Having address at 4015/114/1, Brindavan
Colony Labbipet, Vijaywada,
Andhra Pradesh 520010. ...Defendants
Appearance:
Adv. Narendra Gharat a/w. Adv. S.G. Mahamuni for Plaintiff.
Defendants exparte.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 28th APRIL 2023
J U D G M E N T
(Delivered on : 28.04.2023)
This is a suit filed by the plaintiff against the defendants for
the recovery of the amount of Rs.8,61,969/ with interest at the rate of
18% per annum from the date of filing of the suit till its realization.
2. Brief facts of the plaintiff's case is as under:
The plaintiff is a partnership firm and carrying on the
business in the name and style of M/s. Vaibhav Industries. The
defendant is a Private Limited Company and defendant nos. 2 and 3 are
its Directors. The plaintiff is doing the business and also supplier of
Chemical Substances and materials. As per the defendant's Purchase
Orders, the plaintiff has sold and supplied the goods to the defendants
for an amount of Rs.8,61,969/ as required by the defendants. The
plaintiff submitted that they have issued tax invoices to the defendants.
The plaintiff submitted that the said goods were supplied through
Padamshri Road Lines and goods were received by the defendants.
Despite receiving the goods, the defendants have failed to pay the
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3/7 Judgment in Com. Suit No. 205/2019
amount of Rs.8,61,969/. Therefore, the plaintiff through his Advocate
issued a legal notice on 11.02.2019 for making the payment. The said
notice was duly received by the defendants. The defendants failed to
make the payment. Again on 24.08.2018 the plaintiff has again
requested the defendants to make the payment, but the defendants
failed to pay the same. According to the plaintiff, an amount of
Rs.8,61,969/ is outstanding from the defendants. Hence, the plaintiff
company has filed the present suit for the recovery of the outstanding
amount of Rs.8,61,969/ from the defendants with interest at the rate of
18% per annum from the date of filing of the suit till its realization.
3. The suit summons was duly served to the defendant nos. 1
to 3 by RPAD. The defendant nos. 1 to 3 failed to appear before the
Court. Hence, as per order passed on 11.10.2022, the suit proceeded ex
parte against the defendant nos. 1 to 3.
4. In support of the pleading the plaintiff company has
examined partner of the plaintiff firm Mr. Bhupesh A. Desai at Exh.3.
The plaintiff filed documentary evidence along with list Exh.4. The
documentary evidence filed by the plaintiff namely Advocate's notice at
Exh.6, postal receipts at Exh.7, AD Cards at Exh.8, copy of email at
Exh.9, Particulars of claim at Exh.10. The plaintiff has also filed eight
tax invoices at Exh.11(colly) and eight lorry receipts at Exh.12(colly.)
The plaintiff also filed on record the copy of emailed purchase orders at
Exh.15 and copy of emailed CST form at Exh.16. The evidence closure
pursis of the plaintiff is at Exh.17.
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5. After considering the pleadings of the plaintiff and evidence
on record, following points arise for my determination and I have
recorded my finding against each of them with the reasons to follows:
POINTS FINDING
1) Whether plaintiff proves that an
amount of Rs. 8,61,969/ is
outstanding from the defendants?
In the affirmative
2) Whether plaintiff is entitled to
recover an amount of
Rs. 8,61,969/ from the defendants?
If yes, at what rate of interest?
In the affirmative.
At the rate of 12% per annum on
the principal amount.
3) What order and decree? As per final order.
R E A S O N S
6. Heard Learned Advocate Narendra Gharat a/w. Adv. S.G.
Mahamuni for the plaintiff at length.
As to Point Nos.1 & 2
7. Both these points are interconnected with each other.
Hence, for avoiding repetition of evidence, I discuss both these points
simultaneously. It is the case of the plaintiff that as per the Purchase
Orders of the defendants, the plaintiff has sold, supplied and delivered
the goods worth Rs.8,61,969/ and accordingly the plaintiff raised the
invoices. The defendants received the goods, but the defendants failed
to make the payment. Hence, according to the plaintiff, total amount of
Rs.8,61,969/ is due from the defendants. In the present case, the suit
summons was duly served to the defendants. The defendants failed to
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appear before the Court. The defendants failed to file Written Statement
on record. In short, the defendants have not denied the averments made
in the plaint. Therefore, an inference can be drawn that the defendants
have deemed to have admitted the averments made in the plaint.
8. In support of the pleading, the plaintiff has examined its
partner namely Mr. Bhupesh Desai at Exh.3. This witness has deposed
in consonance with the averments made in the plaint. He has
specifically deposed in respect of goods supplied by the plaintiff
company to the defendants and in respect of invoices raised by the
plaintiff. According to this witness, the total amount of Rs.8,61,969/ is
due from the defendants. The aforesaid oral evidence of plaintiff is not
subjected to crossexamination. The defendants failed to conduct cross
examination of the plaintiff. Therefore, the oral evidence tendered by
the plaintiff remained unchallenged. Hence, I have no reason to
disbelieve the version of the plaintiff.
9. The oral evidence of the plaintiff is supported by
documentary evidence at Exh.6 to 16. On perusal of the invoices at
Exh.11, it shows that there were eight tax invoices raised by the plaintiff
in respect of the goods sold by the plaintiff to the defendants. So also
Exh.12 are the lorry receipts which shows that the goods were delivered
by the plaintiff to the defendants. The documentary evidence tendered
by the plaintiff coupled with oral evidence prima facie shows that the
plaintiff company has sold and supplied the goods to the defendants
worth Rs.8,61,969/. As the defendants failed to pay the due amount,
the plaintiff company was constrained to issue a legal notice to the
defendants as per Exh.6. The plaintiff also sent email to the defendants
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as per Exh.9 and called upon the defendants to pay the outstanding
amount. Thus, the documentary evidence tendered by the plaintiff itself
shows that the plaintiff has sold and supplied good to the defendants
worth Rs.8,61,969/ and the plaintiff has raised invoices to the
defendants. The evidence on record shows that the defendants have
failed to pay the due amount. Therefore, the plaintiff was constrained to
issue a legal notice to the defendants. Thus, evidence on record shows
that the total amount of Rs.8,61,969/ is due from the defendants.
Therefore, the plaintiff is entitled to recover the outstanding amount
from the defendants with interest.
10. So far as the rate of interest is concerned, the plaintiff has
claimed interest at the rate of 18% per annum. In my view, the interest
claimed by the plaintiff is exaggerated one. Considering the nature of
transaction between the parties, I am of the view that the interest at the
rate of 12% per annum would be just and proper to meet the ends of
justice. In short, the plaintiff is entitled to recover the outstanding
amount of Rs.8,61,969/ from the defendants with interest at the rate of
12% per annum on the principal amount from the date of filing of the
suit till its realization. Hence, I answer point no. 1 in affirmative and
point no. 2 accordingly.
11. In the light of aforesaid discussion, the suit needs to
decreed with cost. Hence, I pass the following order:
ORDER
1) Commercial Suit No. 205 of 2019 is decreed with costs.
2) The defendant nos. 1 to 3 are jointly and severally liable
to pay an amount of Rs. 8,61,969/ (Rs. Eight Lakhs Sixty
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One Thousand Nine Hundred and Sixty Nine Only) to the
plaintiff along with interest at the rate of 12% per annum
on the principal amount from the date of filing of the suit
till its realization within three months from the date of
this decree.
3) Defendant shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court).
Dated : 28.04.2023 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 28.04.2023
Transcribed on : 28.04.2023
Checked & signed on : 28.04.2023
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8/7 Judgment in Com. Suit No. 205/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
29.04.2023 11.40 a.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
28.04.2023
Judgment/order signed by P.O on 28.04.2023
Judgment/order uploaded on 29.04.2023 9
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