Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm. Suit 260/2019
MHCC010113812019 Presented on : 7.11.2019
Registered on : 18.12.2019
Decided on : 03.10.2022
Duration : 2Y/9M/15D.
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT NO.260 OF 2019
VIPUL TOOLS CENTRE,
Office Ground Floor, Gyan Bhawan, Plot
No.8, Kumtha Street, ballard estate,
Mumbai400 001. Through its Authorized
person Mr. Santosh Tukaram Bhabad,
aged 40 years. …PLAINTIFF
VERSUS
Windals Auto Pvt. Ltd.
Registered Officer at : Unit No.5/B, 5th
floor, Goldlines Business Centre, Near
Chinchoili Fire Brigade, Link Road,
Malad(W), Mumbai400 064. ... DEFENDANT
Shri.Arvind Taral, learned advocate for Plaintiff.
Defendant Exparte.
CORAM : SHRI.N.P.TRIBHUWAN, ADHOC DISTRICT JUDGE
(C.R.NO.32)
J U D G M E N T
(Delivered on 03/10/2022)
This is a suit for recovery of sum of Rs.30,89,826/ with
further interest @ 18% p.a. on principal sum of Rs.20,68,070/ from
the date of suit till realisation of the amount.
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2 Comm. Suit 260/2019
2. It is case of plaintiff that it is a registered partnership firm
and dealing in business of manufacturing of tools and allied products.
Defendant is a Company registered under the Companies Act. As per the
orders placed by defendant the plaintiff has sold, supplied and delivered
goods time to time to the defendant. Plaintiff has raised invoices for the
same. As per the terms of invoices the defendant is liable to pay interest
@ 18% p.a. to the plaintiff if defendant failed to make payment within
due dates. Defendant did not pay the outstanding due amount. Plaintiff
has many times requested the defendant to make payment but it gave
false promises. Hence, plaintiff through advocate issued notice
dtd.8.1.2019 under the provisions of the Insolvency and Bankruptcy
Code, 2016 calling upon the defendant to clear the outstanding.
Defendant replied the said notice by letter dtd.14.1.2019 and admitted
its liability. However, defendant has not clear the outstanding dues.
Plaintiff has maintain ledger account. As per the said ledger account the
defendant is liable to pay to the plaintiff principal sum of
Rs.20,68,070/ as on the date of filing of the suit. As the defendant
failed to pay the sum mentioned in the invoices in the due date, plaintiff
is entitled for interest @18% p.a. from 5.11.2019 which comes to
Rs.10,21,756/ (Total Rs.30,89,826). Hence, this suit.
3. Inspite of service of suit summons, defendant did not
appear and hence suit proceeded exparte against him.
4. On above facts following points arise for determination of
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that it has
sold, supplied and delivered goods of
Rs.20,68,070/ between December 2015 to …Yes.
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3 Comm. Suit 260/2019
October 2019 to defendant?
2. Whether the plaintiff proved that
defendant is in outstanding of principal
sum of Rs.20,68,070/ and interest of
Rs.10,21,756/ upto 5.11.2019 ?
…Yes.
3. Whether plaintiff is entitled for interest @
18 % p.a. on principal amount of
Rs.20,68,070/ from the date of suit till
realization of amount ?
...Yes.
4. Whether plaintiff is entitled for the relief
claimed ? ...Yes.
5. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 TO 4:
5. Heard learned counsel of plaintiff. Plaintiff has examined
its power of attorney/authorized signatory (PW1 Santosh Tukaram
Bhabad) to prove its case. He reproduced all content of plaint in his
chiefexamination. He has filed documents (Exh.11 to 14) :(i) invoices
(Page 1 to 211), (ii) legal notice dtd.8.1.2019 with postal receipt, (iii)
reply notice dtd.14.1.2019, (iv) ledger account for a period 1.12.2015
to 31.10.2019.
6. Evidence of PW1 remained unchallenged as suit proceeded
exparte against the defendant. Therefore, considering testimony of PW
1 and documents, it becomes clear that plaintiff has sold, supplied and
delivered goods as per above tax invoice. Defendant deprived the
plaintiff from his legitimate right to use the money. Considering the
prevailing market rate of interest in commercial transactions, it will be
just and proper to charge interest @ 18% p.a. on principal sum from
due date mentioned in the invoices. Principal Sum of Rs.20,68,070/
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4 Comm. Suit 260/2019
plus interest of Rs.10,21,756/ remained to be paid by defendant.
Hence, plaintiff is entitled for the relief claimed. Thus, I answered point
Nos. 1 to 4 as above. Hence, I pass the following order.
ORDER
1. Suit is decreed with costs.
2. Defendant is directed to pay a sum of Rs.30,89,826/
to plaintiff.
3. Defendant is directed to pay interest @ of 18% p.a.
on principal sum of Rs.20,68,070/ to plaintiff.
4. Decree be drawn up accordingly.
Date : 03/10/2022.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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5 Comm. Suit 260/2019
Dictated on : 03/10/2022.
Checked on : 03/10/2022.
Signed on : 03/10/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
4/10/2022. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 3/10/2022.
Order signed by P.O. on 3/10/2022.
Order uploaded on 4/10/2022.
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