Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010119092019
Presented on 21112019
Registered on 10022020
Decided on 23-06-2022
Duration Yrs. M. Days
02 07 02
CNR No. MHCC010119092019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.177 OF 2020
Yash Enterprises
a partnership firm duly registered under the
Indian Partnership Act, 1932 having it office at
Address: B7, Wadala Udyog Bhavan,
Naigaon Cross Road,
8, Katrak Road, Wadala,
Mumbai – 400 031. ...Plaintiff.
V/s.
Simpag Engineering,
a proprietary firm through its proprietor
Mr. Amendra Chauhan,
Aged unknown, an adult of Mumbai Indian
Inhabitant having its address at Flat No.302,
Raj Baug, Post No.12, Laxmi Colony,
Mahul Road, Chembur,
Mumbai – 400 074. ....Defendants.
M
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Suit 177 of 2020 .. J/2 .. Judgment
Appearances:
Ld. Adv. Mr. Prashant H. Chande for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 23rd June, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of amount of Rs.2,99,298/ alongwith interest at the rate of 22% per
annum on the principal amount from the date of suit till its realization.
2. The facts in brief are as follows:
The plaintiff is a Partnership Firm and defendant is a
proprietary concern. The plaintiff and defendants had negotiations with
the plaintiff for sale and supply of various quality, quantity and sizes of
welding electrodes. It was also agreed that the payment for the said
price of goods was to be made by defendant within 45 days. Pursuant
to the said orders and instructions of the defendant, the plaintiff sold,
supplied and delivered the goods to the defendant. The defendant
acknowledged the receipt of the goods however failed to make the
further payment. The amount of Rs.1,92,363/ is outstanding against
the defendants. The defendant issued 10 cheques for the said amount.
The said cheques on presentation were dishonoured. The plaintiff
issued legal notice and therefore, but still the defendant failed to pay
the amount and therefore, the present suit is filed by plaintiff.
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3. The defendant was duly served with writ of summons but
he failed to appear and therefore suit was proceeded Exparte against
the defendant as per the order dated 23.02.2021.
4. The plaintiff filed his claim affidavit and list of documents
as per Exh.3 and 4. The plaintiff filed the certified copies of the delivery
challan and the invoices vide Exh.5, 6 and 7. The plaintiff filed the
cheques and the return memo vide Exh.8 to 21. The copy of legal
notices alognwith acknowledgement vide Exh.22 to 27. The plaintiff
filed the Certified copy of Complaint No.128/SS/2019 vide Exh.28. The
plaintiff filed the affidavit of evidence vide Exh.29.
5. Heard the argument advanced by the Learned Advocate for
plaintiff. It was also argued by Learned Advocate for plaintiff that
during the pendency of the suit the defendant has failed to pay the
amount of Rs.1,32,500/ to the plaintiff and therefore, the said amount
be reduced from the decreetal amount.
6. After going through the documents of the plaintiff, it seems
that the plaintiff sold and supplied the goods as per invoices and
delivery challans. The defendant had not raised any objection
regarding the quality and quantity of the goods. The plaintiff in order
to discharge his liability had issued various cheques to the plaintiff,
however, the said cheques were dishonoured on presentation. The
defendant remained absent and failed to challenge the oral and
documentary evidence of plaintiff and therefore the evidence of plaintiff
has gone unchallenged. The plaintiff had shown that he sold and
supplied the goods to the defendant and acknowledged the same and
issued cheques but the said cheques were dishonoured. Even during the
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pendency of the suit the defendant acknowledged his liability and paid
the amount of Rs.1,32,500/ to the plaintiff and therefore, the plaintiff
is entitled for the decreetal amount after reducing the said amount.
7. The plaintiff demanded the principal amount with further
interest at the rate of 22% per annum. The interest at the rate of 22%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I,
proceed to pass the following order:
ORDER
1. The Summary Suit no.177 of 2020 is decreed with costs.
2. Defendant shall pay the amount of Rs.1,06,935/ (Rupees One
Lakh Six Thousand Nine Hundred and Thirty Five only) to the
plaintiff along with interest at the rate of 9 percent per annum on
the principal amount of Rs.1,92,363/(Rupees One Lakh Ninety
Two Thousand Three Hundred and Sixty Three only) from the
date of filing suit till its actual realization.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
6.
7. R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 23062022 City Civil Court, Gr. MUMBAI
Dictated on : 23062022
Transcribed on : 24062022
checked on : 27062022
Signed on : 27062022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27.06.2022 at 03.20 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
23.06.2022
Judgment/order signed by P.O. on 27.06.2022
Judgment/order uploaded on 27.06.2022
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