Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment in Com. Suit No. 20/2021
Lodged on : 21.11.2019
Admitted on : 27.01.2021
Decided on : 15.11.2022
Duration : Y M D
2 11 19
COMMERCIAL SUIT NO. 20 of 2021
CNR NO. : MHCC010118982019
Exh.14
M/s Leela Tubes Pvt. Ltd. through
authorised representative Mr. Parag Doshi,
A Company registered under the Indian
Companies Act, 1956 as amended having
registered office at 64, Persipolis, 100,
Cuffe Parade, Bombay – 400 005. ...Plaintiff
Versus
M/s. Steel Land, a Proprietorship firm
through their Proprietor Mr. Mohammed
Siddhiqie, having address at 49, Puthen
Vila Veedu, Ashwairya Nagar, Elampallor,
Kundra, KOLLAM, Kerala – 691001. ….Defendant
Appearance:
Adv. Shivam Latoriya along with Adv. Utkarsha Sanadi i/b. APS Law
Associates for Plaintiff.
Defendant exparte.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 15th NOVEMBER 2022
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2 Judgment in Com. Suit No. 20/2021
J U D G M E N T
(Delivered on : 15.11.2022)
This is a suit filed by the plaintiff for the recovery of the
amount of Rs.15,14,342/ along with interest at the rate of 18% per
annum from the date of filing of the suit till realization.
2. Brief facts of the plaintiff's case is as under:
The plaintiff is a private limited company registered under
the companies Act, 1956 and running a business of manufacturing and
distribution of Stainless Pipes and Tubes. The defendant is a
proprietorship firm and Mr. Mohammed Siddique is the proprietor of
the firm. The plaintiff has supplied various goods pursuant to the
demand placed by the defendant. The plaintiff raised Invoice No. 355
dated 13.03.2019 for an aggregate bill amount of Rs.13,76,675/. The
plaintiff delivered and supplied the goods and materials as per the
invoice raised by the plaintiff and the defendant accepted the goods and
materials. The plaintiff has received a sum of Rs.25,000/ from the
defendant. The plaintiff demanded the outstanding dues from the
defendant. The defendant has filed bogus suit before Civil Court at
Kollam at Kerala. The defendant has failed to pay the payment of due
amount. Hence, the plaintiff was constrained to file the present suit for
the recovery of the amount of Rs.15,14,342/ with interest.
3. The suit summons was issued to the defendant through
R.P.A.D., but he refused to accept the summons. The suit summons was
duly served to the defendant, but he failed to appear before the Court.
It is a deemed service. Hence, as per order passed on 21.12.2021, the
suit was proceeded exparte against the defendant.
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3 Judgment in Com. Suit No. 20/2021
4. In support of the pleading, the plaintiff examined himself at
Exh.4. The plaintiff also placed on record the documentary evidence
along with list Exh.5. Exh.6 is the Board Resolution, Exh.7 is the
Invoice, Exh.8 is the Lorry Receipt, Exh.9 is the Bank Statement, Exh.10
is the certificate under Section 65B, Exh.11 is the copy of Ledger and
Exh.12 is the copy of Suit No. 543 of 2019. The evidence closure pursis
of the plaintiff is at Exh.13.
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 the plaintiff is entitled
to recover an amount of
Rs.15,14,342/ from the defendant?
If yes, at what rate of interest ?
In the affirmative.
At the rate of 12% per annum on
the principal amount.
2) What order and decree? As per final order.
R E A S O N S
6. Heard Learned Advocate Shivam Latoriya along with
Advocate Utkarsha Sanadi i/b. APS Law Associates for Plaintiff at
length.
As to Point Nos. 1 & 2
7. It is the case of the plaintiff that on the request of the
defendant, the plaintiff sold, supplied and delivered the steel pipes and
tubes and accordingly raised the tax invoice. According to the plaintiff,
the total amount of Rs.15,14,342/ is outstanding from the defendant.
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4 Judgment in Com. Suit No. 20/2021
8. In support of the pleading, the plaintiff examined himself at
Exh.4, who deposed that the defendant is a proprietor of the firm. As
per defendant's Purchase Order dated 13.03.2019, the plaintiff supplied
steel pipes and tubes and accordingly raised tax invoice in the name of
defendant's firm. The plaintiff delivered the goods in good condition
and there was no grievance by the defendant regarding the quality and
quantity of the goods. He further deposed that he continuously
approached the defendant for payment towards delivery of the goods
and materials, but the defendant gave assurance that he will make
payment. In spite of giving sufficient opportunity, the defendant has
purposefully neglected to clear the legal dues. He also deposed that he
received the amount of Rs.25,000/ from the defendant. According to
this witness, total amount of Rs.15,14,342/ is outstanding from the
defendant. The aforesaid oral evidence of the plaintiff is not subjected
to the crossexamination. The oral evidence of the plaintiff is remained
unchallenged.
9. The oral evidence of the plaintiff is supported by
documentary evidence. He also proved the invoice at Exh.7 and Ledger
Account at Exh.11. The plaintiff filed the Ledger Account at Exh.11 and
it has reference of the invoice. The plaintiff has produced the
documents, which are maintained in due course. The plaintiff received
the amount of Rs.25,000/ from the defendant, which is reflected from
the Ledger statement. Making part payment is an act on the part of the
defendant admitting his liability to pay the dues as per the invoice
referred in the ledger account. The oral as well as documentary
evidence tendered by the plaintiff is remained unchallenged. Hence, I
have no reason to disbelieve the evidence of the plaintiff. The copy of
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5 Judgment in Com. Suit No. 20/2021
ledger statement at Exh.11 also shows that an amount of
Rs.15,14,342/ is outstanding from the defendant. The defendant failed
to appear before the Court and he also failed to oppose the claim of the
plaintiff. The evidence tendered by the plaintiff is not rebutted and it is
sufficient to prove his claim. In the present case, the plaintiff by leading
oral as well as documentary evidence sufficiently established that an
amount of Rs.15,14,342/ is outstanding from the defendant. Therefore,
the plaintiff is entitled to recover the said amount from the defendant.
10. So far as the rate of interest is concerned, the plaintiff has
claimed interest at the rate of 18% per annum from the date of suit till
realization. In my view, the interest claimed by the plaintiff is very
exorbitant. Considering the nature of the transaction, I am of the view
that the interest at the rate of 12% per annum appears to be just and
reasonable and it can be granted. The cost of the suit is liable to be
imposed upon the defendant. In view of aforesaid discussion, I hold that
the plaintiff is entitled to recover an amount of Rs.15,14,342/ from the
defendant along with interest at the rate of 12% per annum from filing
of the suit till realization. Hence, I answer point no. 1 in the Affirmative
and point no. 2 accordingly. In the result, the suit needs to be decreed.
Hence, I pass the following order:
ORDER
1) Commercial Suit No. 20 of 2021 is decreed with costs.
2) The defendant do pay an amount of Rs. 15,14,342/
(Rs. Fifteen Lakhs Fourteen Thousand Three Hundred
and Forty Two 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
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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 : 15.11.2022 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 15.11.2022
Typed on : 15.11.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
16.11.2022 1.10 p.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.
15.11.2022
Judgment/order signed by P.O on 16.11.2022
Judgment/order uploaded on 16.11.2022
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