Final Order 1

Order Details: Other
Pdf Text: Summons for Judgment No. 254/19 1 Order.
in Comm.Suit No. 809/21.
MHCC010112052019
Presented on : 05-11-2019
Registered on : 05-11-2019
Decided on : 20-10-2021
Duration : 1 years, 11 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMONS FOR JUDGMENT NO. 254 OF 2019
IN
COMMERCIAL SUIT NO. 809 OF 2021
Mr. Nikunj Arvindbhai Desai )
aged about 45 years, Occupation: Business )
Indian inhabitant of Mumbai, Proprietor )
M/S. P. V. Corporation, having office )
address at 12, Kahan Baug Building, )
2nd Carpenter Street, C.P. Tank, )
Mumbai – 400 004 )...Plaintiff
Versus
1. M/S BEW Engineering Pvt. Ltd. )
(A Private Limited Company registered )
Under the provisions of Companies Act )
1956) )
2. Mr. Prakash Bhalchandra Lade )
Adult, age not known, Indian Inhabitant )
Director of M/S BEW Engineering Pvt. Ltd. )
3. Mr. Vithal Dadabhau Khokrale )
Adult, age not known, Indian Inhabitant )
Director of M/S BEW Engineering Pvt. Ltd. )
4. Mr. Manish Vithal Khokrale )
Adult, age not known, Indian Inhabitant )
Director of M/S BEW Engineering Pvt. Ltd. )
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Summons for Judgment No. 254/19 2 Order.
in Comm.Suit No. 809/21.
5. Mr. Rohan Prakash Lade )
Adult, age not known, Indian Inhabitant )
Director of M/S BEW Engineering Pvt. Ltd. )
6. Mr. Shashank Vithal Khokrale )
Adult, age not known, Indian Inhabitant )
Director of M/S BEW Engineering Pvt. Ltd. )
All are having common address at )
FE – 10, MIDC Industrial Area, Phase – II )
Manpada Road, Dombiwali (East) )
Dist. Thane – 421 204, (MS) )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 20th OCTOBER, 2021.
Shri K.P.Dubey, Advocate for the plaintiff.
Shri Mukesh Pabari, Advocate for the defendants.
ORDER
1. The plaintiff filed suit for recovery of Rs.32,79,508/ with
further interest at the rate of 24% p.a. on the principal amount of
Rs.20,52,645/ from the date of filing of the suit till realization.
2. It is case of the plaintiff that the plaintiff is the stockist and
dealer of S.S. / C.S. Pipe Fittings, S.S. Plates, C.S., LTCS, Alloy Steels
etc. Defendant no.1 is a private limited company and defendants no.2
to 6 are its Directors. Pursuant to the defendants' verbal purchase
order, the plaintiff sold and dispatched S.S. Plates and Coils material
worth Rs.20,52,645/ to the defendants as per Tax Invoice No. 74 dated
26/03/2016. The plaintiff also raised two Excise Invoices No. 66 of
Rs.11,64,975/ and another Invoice No. 67 of Rs.8,87,670/ dated
26/03/2016. The material was dispatched from Mumbai to Dombivli in
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Summons for Judgment No. 254/19 3 Order.
in Comm.Suit No. 809/21.
Vehicle No. MH06K4684 and the same were duly accepted without
raising dispute regarding quality, quantity and rate of the goods. The
defendants availed the set off / MOD VAT from Excise Department. As
the defendants failed to make payment, notice dated 24/11/2016 was
issued to the defendants. The defendants gave reply on 15/12/2016
and denied the responsibility. Advocate for the plaintiff had sent
rejoinder dated 26/12/2016. Hence, the plaintiff filed the suit for
recovery of money.
3. The plaintiff filed Summons for Judgment No. 254/2019.
The defendants filed affidavit in reply and contended that they were not
having any dealing with the plaintiff firm known as 'P.V. Corporation'
and they had actual dealing with 'T.V. Trading Pvt. Ltd.'. They had
placed written orders to T.V. Trading Pvt. Ltd. and made advance
payment of Rs.1,17,00,000/, but no goods were delivered. Plaintiff
Nikunj Arvindbhai Desai is the Director of the said T.V. Trading Pvt. Ltd.
as well as P.V. Corporation. Details of complaint to Economic Offences
Wing, Mumbai on 26/09/2016 and registration of the offence as per
order under Section 156(3) of the Cr.P.C. passed by J.M.F.C., Kalyan
are pleaded in para 24 to 30 of affidavit in reply. By contending that
false bills are raised, the defendants prayed for unconditional leave to
defend the suit.
4. Learned counsel Shri K.P.Dubey for the plaintiff reiterated
his case in the plaint and submitted that documents on record are
supporting to the case of the plaintiff. He also referred tax invoices,
delivery challan, notice, reply and rejoinder. By pointing out these
documents, he prayed that summons for judgment may be allowed.
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Summons for Judgment No. 254/19 4 Order.
in Comm.Suit No. 809/21.
5. On the contrary, Adv. Shri Mukesh Pabari for the
defendants submitted that the defendants had no dealing with the
plaintiff firm. They had actual transaction with T.V. Trading Pvt. Ltd.
and present plaintiff is also Director of the said company. He further
stated about huge payment to T.V. Trading Pvt. Ltd. in advance and
subsequent failure to deliver goods. According to him, the plaintiff
raised false bills to claim the amount after criminal action against him
in respect of transaction with T.V. Trading Pvt. Ltd.. He further
submitted that the defendants used to place written purchase orders
only and case of the plaintiff regarding oral purchase orders is not
acceptable. He prayed for leave to defend.
6. On perusal of the record and rival submissions, it appears
that plaintiff Nikunj represents 'M/s. P.V. Corporation' (plaintiff firm) as
well as 'T.V. Trading Pvt. Ltd.'. Record shows that plaintiff Nikunj
received amount of Rs.1,17,00,000/ as a Director of T.V. Trading Pvt.
Ltd. from the defendants. It is specific contention of the defendants that
plaintiff Nikunj did not supply the goods after receiving huge amount in
advance. There is lack of material to show that the defendants had
placed purchase order at M/s. P.V. Corporation. Goods worth
Rs.20,52,645/ are claimed to have sold and supplied on the basis of
oral purchase order to the defendants by the plaintiff. Considering
overall nature of transaction between the parties, the defendants have
sufficient grounds to oppose the claim of the plaintiff and there are
several triable issues involved in the matter. Therefore, it would be
appropriate to grant leave to defend to the defendants. Hence, I pass
the following order :
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Summons for Judgment No. 254/19 5 Order.
in Comm.Suit No. 809/21.
ORDER
1. Summons for Judgment No. 254/2019 is dismissed.
2. Unconditional leave is granted to the defendants to defend
the suit.
3. Proceedings of Summons for Judgment No. 254/2019 are
closed.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
Date : 20/10/2021. Mumbai.
1. Dictated online on : 20/10/2021.
2. Signed on : 20/10/2021.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
20/10/2021. 1.44 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 20/10/2021.
Judgment/Order signed by P.O. on 20/10/2021.
Judgment/Order uploaded on 20/10/2021.
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