Final Order 1

Order Details: Copy of Judgment
Pdf Text: Suit No.2992 of 2019
.......Judgment. 1
MHCC010118092019
Presented on : 27-06-2019
Registered on : 19-11-2019
Decided on : 12-11-2024
Duration : 5 Yr, 4 M, 15 D.
Exh.13.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 2992 of 2019.
Pidilite Industries Ltd., ]
Registered office at Regent Chambers, ]
7th Floor, Jamnalal Bajaj Marg, 208, ]
Nariman Point, Mumbai – 400 021. ]
and Corporate office at Ramakrishna, ]
Mandir Road, Off. Andheri Kurla Road, ]
Andheri (East), Mumbai – 400 059. ]
through its authorized nominee, ]
Shri Jiken Maheshkumar Modi, ]
Phone No. 9998123442, Age. : 29 years, ]
Email Id -: jiken.modi@pidilite. Com. ] .... Plaintiff.
V/s
1. U.G. Marketing (T) ]
A Proprietorship Firm, ]
ED-158, Scheme No. 94, ]
Behind Yokohama Tyre, ]
Near Khajrana Square Ring Road, ]
Indore – 452016. ]
2. Mr. Vasim Ansari. ]
Proprietor of U.G. Marketing (T), ]
ED-158, Scheme No. 94, ]
Behind Yokohama Tyre, ]
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Suit No.2992 of 2019
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Near Khajrana Square Ring Road, ]
Indore – 452016. ]….Defendants.
Appearance:
Adv. Shri Swapnil Bhende, for the plaintiff.
Defendant- Exparte.
SUIT FOR RECOVERY OF AMOUNT.
Coram : Smt. Ashwini V. Kasture.
C.R.No. : 59.
Date : 12th November, 2024.
JUDGMENT
This is suit for recovery of an amount of Rs.1,96,959.98/-
(Rs.One Lakhs, Ninety Six Thousand and Nine Hundred Fifty Nine and
Ninety Eight paise Only) along with interest.
Brief facts of the plaintiff’s case are as under ;
2. The plaintiff is a Public Limited Company and the
defendant No.1 is the prorprietorship firm doing and carrying the
business in the name and style of ‘U.G. Marketing (T)’ through its
proprietor i.e. Defendant No.2, Mr.Wasim Ansari. The plaintiffs are
manufacturer and distributors of various products including its well
known products like Blue Coat, Fevicol, M-Seal, Dr. Fixit, Fevistick,
Fevikwik, Fevicryl, etc and other Adhesive Products. The plaintiff sold
and supplied to the defendant its Marine Range of products as per their
requirement and raised invoices for the same. The interest at the rate
of 18%p.a. is payable by the defendant for unpaid amount of the
respective invoices.
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Suit No.2992 of 2019
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3. The defendant received the goods without any demur
regarding the quality, quantity and delivery of the goods effected to
them and they gave their acknowledgment on the respective invoices.
The defendants have never denied the plaintiff’s legitimate dues of
Rs.1,96,959.98/-(Rs. One Lakhs, Ninety Six Thousand, Nine Hundred
Fifty Nine and Ninety Eight only) with interest at the rate of 18% p.a.
and Rs.10,000/- towards the cost of the notice, which the defendant
received. However, the defendants neither paid the dues amount nor
replied to the notice hence the present suit.
4. The defendant Nos.1 & 2 served with writ of summons but,
failed to appear. Therefore, the suit proceeded exparte against the
defendant Nos. 1 & 2 vide order dated 19/04/2023.
5. The Plaintiff examined one witness i.e. Shri Jiken Modi,
Senior Assistant Accountant of plaintiff's Compamy, by filing his
affidavit-in-lieu of examination-in-chief at Exh.10. It has also filed
documents as per at Exh.11. The documents which are annexed with
Exh. 11 are follows:
Sr.
No.
Documents. Exh.Nos.
1. The copy of Authority Letter dated
09.4.2019.
Exh.11/1
2. The copy of Board Resolution dated
20.02.2019
Exh.11/2.
3. Duplicate copies of Invoices Exh.11/3.
4. The office copies of Advocate Notice Exh.11/4.
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Suit No.2992 of 2019
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dated 31.10.2018
5. Two Postal Receipts dated 31.10.2018 Exh.11/5.
6 Two Online Postal Tracking Report. Exh.11/6.
6. The plaintiff closed its evidence by filling pursis vide
Exh.12. It is the submission of Ld. Advocate for the plaintiff that oral
and documentary evidence supports the case of the plaintiff. Hence,
prayed to decree the suit.
7. Considering the facts, evidence and law applicable to the
case, following points arise for determination:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it
is entitled to recover the bal-
ance amount of Rs.
1,96,959.98/- (Rs. One Lakhs
Ninety Six Thousand Nine Hun-
dred Fifty Nine and Ninety
Eight only) as on October
2019?
..Yes..
2. Does the plaintiff entitled for
the interest as claimed?
Yes...
Interest @ 9%
p.a.
2. What order and decree? Suit is partly
decreed.
:REASON:
As to point No. 1 & 2:
8. It is needless to say that as suit proceeded exparte, the
pleading and evidence of plaintiffs has remained unchallenged.
9. The copy of Board Resolution dated 20.02.2019 at
Exh.11/2 shows that the plaintiff-Company is a Public Limited
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Suit No.2992 of 2019
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Company. The copy of Authority Letter at Exh. 11/1 indicate that Mr.
Jiken Modi is a authorized person who is having power to proceed with
the matter. The office/duplicate copies of invoices along with list at
Exh.11 fortifies the contention of the plaintiff that it had supplied the
material to the defendant Nos.1 & 2. The defendants had made part
payment. The demand for remaining amount was made to the
defendants by it. The above unchallenged oral and documentary
evidence of the plaintiff is sufficient to draw interference that an
amount of Rs.1,96,959.98/-(Rs. One Lakhs Ninety Six Thousand Nine
Hundred Fifty Nine and Ninety Eight only) is due and outstanding from
the defendants to the plaintiff and that the defendants are liable to pay
the said amount to the plaintiff.
10. Plaintiff is claiming interest at the rate of 18% on the
principal amount. The suit claim is for Rs.1,96,959.98/-(Rs. One Lakhs
Ninety Six Thousand and Nine Hundred Fifty Nine and Ninety Eight
Paise only). The plaintiff has claimed interest at the rate 18% p.a. on
the principal amount till the date of suit and has further claimed same
interest from the date of suit. The transaction between the parties
appears to be a commercial transaction but, the rate of interest claimed
by the plaintiff is excessive. Therefore, it would be just and proper to
award the interest at the rate of 9% from the date of the suit.
Accordingly, point Nos. 1 and 2 are answered in the affirmative and
following order is passed:
ORDER
1. The Suit No. 2992 of 2019 is partly decreed with costs.
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Suit No.2992 of 2019
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2. The defendant No.1 & 2, jointly and severally shall pay an
amount of Rs.1,96,959.98/-( Rs. One Lakhs, Ninety Six
Thousand, Nine Hundred and Fifty Nine and Ninety Eight paise
only.) to the plaintiff within two months from the date of this
order with interest at the rate of 9% p.a. on principal amount
from the date on which it became due till realization of
the entire amount.
3. The decree be drawn up accordingly.
4. The Suit No. 2992 of 2019 is disposed of.
(Dictated and Pronounced in Open Court).
(Ashwini V. Kasture)
Judge,
City Civil and Sessions Court
Date.:12.11.2024 Greater Bombay (CR 59).
Declared on : 12.11.2024
Dictated on : 12.11.2024
Transcribed on : 14.11.2024 & 16.11.2024
Checked on : 16.11.2024
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.11.2024 at 12.25-p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Smt .A.V. Kasture,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 12.11.2024
Order signed by P.O. on 16.11.2024
order uploaded on 18.11.2024
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