Final Order 2

Order Details: Copy of Judgment
Pdf Text: S.C.Suit No.54-2020 1
Lodged on 30/11/2019
Decided on 14/07/2022
Duration on 02Ys.07Ms.15Ds.
CNR No.MHCC01-012484-2019
MHCC010124842019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C. SUIT NO.54 OF 2020
M/s. Expo Freight Pvt.Ltd.
Registered office at No.16,
Haddows Road, 1st Street,
Nungambakkam, Chennai-600 006
and
Branch office at
51,5th floor, Kalpataru Square,
Kondivita Lane, Next to Hotel
Vits, Off.Andheri-Kurla Road,
Andheri (E), Mumbai 400 059 …. Plaintiff/s
V/s
1. M/s.Vibrant Corporation
A firm carrying business at CR Building
House, 146, Veer Savarkar Marg,
Mahim, Mumbai 400 016
2. Mr.Ayub Hussein Kazi
Partner M/s.M/s.Vibrant Corporation
A firm carrying business at CR Building
House, 146, Veer Savarkar Marg,
Mahim, Mumbai 400 016
3. Mr.Hamza Ayub Kazi
Partner M/s.M/s.Vibrant Corporation
A firm carrying business at CR Building
House, 146, Veer Savarkar Marg,
Mahim, Mumbai 400 016 ….Defendants
-- 1 of 5 --
S.C.Suit No.54-2020 2
Appearance:-
Ld.Counsel R.D.Bhandari for plaintiff.
Defendant-Exparte.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 14th July, 2022 C.R.NO.15
------------
JUDGMENT
This is suit for recovery of the amount due from the
defendant towards services refer by the plaintiff for export
shipment.
The case of the plaintiff in brief is as follows.
2. The plaintiff company had provided service of Sea Export
Shipment to the defendant. The plaintiff has raised bills of
Rs.2,28,480/-. The defendants sought time however, they did
not pay the amount to the defendant despite demand. Hence,
this suit is filed for recovery of the amount due towards
outstanding amount alongwith interest at the rate of 18% p.a.
3. My predecessor by his order dtd.8/9/2021 ordered the
suit to proceed exparte. As the defendants no.1 to 3 failed to
remain present. Despite service of writ of summons the suit is
therefore, proceeded exparte.
4. Following points arise which are recorded below with
findings thereon for reasons as follows.
Sr.No. ISSUES FINDINGS
1 Whether the plaintiff proves that
the defendants no.1 to 3 are liable
to pay 2,28,480/- with interest as
claimed for towards the export
shipment services.?
In the affirmative
-- 2 of 5 --
S.C.Suit No.54-2020 3
2 What order and decree.? As per final order
REASONS
As to Point No.1:-
5. In this case, the plaintiff is seeking to recover the amount
towards the charges to the service provided to the defendant
firm for shipment service. Defendants no.2 and 3 are the
partners of the defendant no.1. The plaintiff is relying on
affidavit of evidence at Exh-5 in which he has deposed about the
service provided and the invoices raised of defendants firm. He
is relied also following documents as per list Exh-6.
Certified true extract of the Resolution dated.1/10/2019-Exh-7.
Copy of the certificate of incorporation and Maharashtra Shops
& Establishment-Exh-8.
Copy of plaintiff’s Tax Invoice No.INVBOM1819031621
dtd.10/11/2018-Exh-9.
Copy of plaintiff’s Tax Invoice No.INVBOM1819033749
dtd.28/11/2018 – Exh-10.
Copy of plaintiff’s Tax Invoice No.INVBOM1819047567
dtd.5/3/2019 – Exh-11.
Copy of plaintiff’s Tax Invoice No.EFL-BOM-00008359
dtd.7/8/2019- Exh-12.
Copy of plaintiff’s Tax Invoice No.EFL-BOM-00011501
dtd.25/9/2019- Exh-13.
Copy of the above redit Acceptance from signed executed and
submitted to the plaintiffs by the defendant on 27/3/2018 Exh-
14.
Office/original copy of the above demand Notice dtd.20/9/2019
alongwith three postal booking receipts-Exh-15.
Original endorsed A/D Card-Exh-16.
Authenticated copy of the statement of account – Exh-17.
-- 3 of 5 --
S.C.Suit No.54-2020 4
6. Perusal of the document shows that as per Invoice
Nos.9,10,11,12, & 13. The plaintiff address invoices for which
service provided to the defendant no.1 partnership firm. Exh-15
office copy of demand notice sent to defendant calling upon
them to pay amount. As the matter is proceeded exparte, the
evidence adduced by the plaintiff has gone unchallenged on the
basis of unchallenged evidence. It is proved that the defendant is
entitled to pay amount of Rs.2,28,480/- from the plaintiff.
Considering the lending rates of Nationalized Banks it would be
appropriate that the plaintiff is allowed interest at the rate of 9%
p.a. on the principal sum. Point no.1 is in the affirmative.
Following order is passed.
ORDER
1. Suit is decreed with costs.
2. Defendant nos.1 to 3 are jointly and severally to pay an
amount of Rs.2,28,480/- to the plaintiff with further
interest at the rate of 9% p.a. from the date of suit till
realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded as per Bombay City Civil Court
Rule.
Date : 14/07/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 14/07/2022
Transcribed on : 20/07/2022
HHJ Signed on :
-- 4 of 5 --
S.C.Suit No.54-2020 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21/07/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
14/07/2022
JUDGMENT/ORDER signed by P.O.
on
21/07/2022
JUDGMENT/ORDER uploaded on 21/07/2022
-- 5 of 5 --