Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. S. C. Suit No.24/2020
MHCC010126692019 Presented on : 04/12/2019
Registered on : 02/01/2020
Decided on : 07/10/2024
Duration : 04Y 10M 05D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT NO.14
S. C. SUIT NO.24 OF 2020
(CNR NO.MHCC01-012669-2019)
M/S. SAVANI TOURS AND TRAVELS,
Through its POA holder and partner,
Mr. Shwetal Mafatlal Savani, having their
office at 102, Shyamkamal A west wing,
Tejpal Road, Vile Parle (East), Mumbai – 400 057.
]
]
]
]
] ..Plaintiff
V/s.
M/S. DR. DARRELL DEMELLO (Adult)
Row House No.1, Avon Plaza – 2, Thakur
Complex, Kandivali East, Mumbai – 400 101.
Mob. No. 0778079507, PAN No. AABPD6095P
]
]
]
] ..Defendant
Appearance :-
Learned Advocate Riddhi Ashar for plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84
DATE : 07/10/2024.
J U D G M E N T
1 This suit is filed for recovery of amount. Plaintiff is a travel
agent of International Tours operator and domestic tour operator and a
skilled and premier corporate travel management company. Defendant
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..2.. S. C. Suit No.24/2020
is known customer and has booked an international flight from
Mumbai to Minneapolis and return journey ticket from Minneapolis to
Mumbai. Consequently, as per the WhatsApp and telephone
conversations, plaintiff has booked tickets for journey dated
23/02/2017 from Minneapolis to Mumbai via Ethad Airways, like also
return journey ticket dated 27/02/2017 from Minneapolis to Mumbai
via Jet Airways for the defendant. The said tickets were sent to the
defendant through email. Thereafter, defendant has raised invoices of
Rs.69,753/-. Plaintiff further stated that defendant via phone call
requested to cancel tickets dated 23/02/2017, hence, plaintiff has
cancelled ticket and raised credited invoice of Rs.61,550/-. The ticket
from Minneapolis to Mumbai also got voided, therefore, invoice of
Rs.500/- is issued against the defendant. Thereafter, defendant
requested plaintiff to issue new tickets from Mumbai to Minneapolis
dated 23/02/2017 and return journey ticket and as per the request of
defendant, plaintiff book ticket dated 24/02/2017 from Mumbai to
Minneapolis and return ticket from Minneapolis to Mumbai on
27/02/2017 and sent the ticket to defendant by email and raised
invoice of Rs.1,07,053/-. Thus, defendant was liable to pay
Rs.1,15,756/- towards booking of ticket and cancellation charges.
Defendant has avoided the payment of due even many times it was
reminded. Therefore, plaintiff issued notice to the defendant on
18/03/2019 and called upon to pay the amount, but in vain.
Therefore, plaintiff has filed this suit.
2 Defendant failed to appear though served with the writ of
summons, but failed to appear before the Court. Hence, suit is
proceeded ex-parte as per the order in roznama dated 17/02/2022.
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..3.. S. C. Suit No.24/2020
3 At the stage of ex-parte evidence, plaintiff tendered
evidence of authorized person and relied on documents (Exhibit-08
colly to 11) under list (Exhibit-07). Heard learned advocate for
plaintiff.
4 The evidence of authorised person of plaintiff remain
unchallenged. Plaintiff has filed copy of flight ticket alongwith copies
of emails and invoice. It has also filed cancelled flight ticket as well as
copy of email conversation (Exhibit-08) and copy of ledger statement
(Exhibit-09). Copy of legal notice dated 18/03/2019 is filed at Exhibit-
10. It reveals from the record that defendant has traveled, availed
ticket booked by the plaintiff on the mentioned date and also availed
the return ticket. Thus, it appears that plaintiff has established its claim
for recovery of Rs.1,15,756/-.
5 The absence and omission on the part of the defendant to
appear before the Court and to raise defence shows that defendant has
no good defence to challenge the claim of plaintiff and as per the
provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure,
plaintiff is entitled for decree of amount of Rs.1,15,756/- under the
invoices.
6 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 24% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, it would have invested and would have earned profit
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..4.. S. C. Suit No.24/2020
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from date of default i.e.
18/03/2019, till its full realisation.
7 As the defendant has made plaintiff constrained to file the
suit, it is also liable to pay the costs. In the result, I proceed to pass the
following order :-
ORDER
1. S. C. Suit No.24 of 2020, is hereby partly decreed
with costs.
2. Plaintiff is entitled to recover an amount of
Rs.1,15,756/- alongwith interest at the rate of 9% per
annum from 18/03/2019, till its full realisation from
the defendant.
3. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Dated : 07/10/2024
Dictated on : 07/10/2024.
Transcribed on : 07/10/2024.
Signed on : 08/10/2024.
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..5.. S. C. Suit No.24/2020
“Certified to be true and correct copy of the original signed order”.
09/10/2024
at about 05.45 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 07/10/2024
Order signed by Hon'ble Judge on : 08/10/2024
Order uploaded on : 09/10/2024
at about 05.45 p.m.
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