Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 3/2020. 1 Ex-parte Judgment (Exh.29).
MHCC010131512019
Presented on : 16-12-2019
Registered on : 04-01-2020
Decided on : 17-09-2021
Duration : 1 years, 9 months, 1 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 3 OF 2020
Exh.29.
Jaysynth Dyestuff (I). Pvt. Ltd. )
A Company incorporated under )
The provisions of Indian Companies Act, )
and Having its registered office at, )
301, Sumer Kendra Pandurang Budhkar Marg, )
Worli, Mumbai400 018 )
Through Mr. Kailash G. Reshim )
the senior officerAccounts of the Company )
duly authorized by resolution passed on )
13/02/2019 by the Board of Directors )...Plaintiff
Versus
Manpasand Textile Processors Pvt. Ltd. )
A Company incorporated under )
The provisions of Indian Companies Act, )
and Having its address at, )
Sector P, Plot No.3033, 5356, 72 to 75 )
Parvati Coop. Indl. Estate, )
Yadrav, Ichalkaranji Kolhapur, )
MH 416 121 IN )...Defendant
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 17th SEPTEMBER, 2021.
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Comm.Suit No. 3/2020. 2 Ex-parte Judgment (Exh.29).
Mr. C.D.Mishra, Advocate for the plaintiff.
None for the defendant – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff as well as the defendant are the
companies duly incorporated under the provisions of the Indian
Companies Act. The plaintiff had supplied goods to the defendant from
time to time in accordance with the purchase orders placed by the
defendant. Delivery of goods was made. The plaintiff has specifically
referred five invoices in para 2 of the plaint showing total outstanding
amount of Rs.5,48,611/. The defendant acknowledged and confirmed
the delivery of goods and he never raised any dispute regarding rate,
quality and quantity of the goods. The defendant had agreed to pay
within 60 days on receipt of the goods and on default to pay interest at
the rate of 16% from the respective due dates of invoices. The plaintiff
has clarified the aspect of part payment made by the defendant in para
5 of the plaint and claimed that amount of Rs.3,79,967/ is outstanding.
He has relied upon confirmation statement for the period from
01/04/2016 to 31/06/2017 issued by the defendant. As the defendant
failed to make payment, the plaintiff issued demand notice through his
advocate on 29/11/2018 making demand of Rs.4,79,967/ including
accrued interest. After receipt of the notice, the defendant made part
payment of Rs.1,00,000/ on 28/06/2019 and he failed to make
payment of remaining amount. Hence, the plaintiff sought relief of
recovery of Rs.5,38,017/ with further interest at the rate of 16% p.a.
on principal amount of Rs.3,79,967/ from the date of suit till its
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Comm.Suit No. 3/2020. 3 Ex-parte Judgment (Exh.29).
realization with cost.
3. The defendant is duly served with writ of summons as per
affidavit of service (Exh.5), but he failed to appear and oppose the
claim of the plaintiff. Therefore, my learned Predecessor passed the ex
parte order against him on 05/02/2021.
4. PW 1 Kailash deposed on evidence affidavit (Exh.7) and
proved documents filed with list of documents (Exh.8). The plaintiff
closed evidence vide pursis (Exh.28). Heard learned counsel
C.D.Mishra for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.5,38,017/ ? In the Affirmative.
2. Does the plaintiff prove that he is
entitled to interest on principal sum of
Rs.3,79,967/ ? If yes, at what rate of
interest ? In the Affirmative.
@ 16% p.a.
3. What order as to costs ? As per final order.
4. What order and decree ? Suit is decreed.
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Comm.Suit No. 3/2020. 4 Ex-parte Judgment (Exh.29).
REASONS
AS TO POINT NOS.1 TO 3 :
6. Contents in evidence affidavit (Exh.7) filed by witness
Kailash reveals that the plaintiff had supplied goods to the defendant as
per five invoices (Exh.10 colly.) and the same were delivered as per
four goods consignment notes (Exh.11 colly.). Statement of account
(Exh.12) reveals details of the outstanding amount of Rs.3,79,967/ as
on 16/12/2019. Similarly, confirmation statement for the period from
01/04/2016 to 31/03/2017 (Exh.13) is signed by both parties in which
amount of Rs.5,20,777/ is shown to be outstanding. Furthermore,
confirmation statement for the period from 01/04/2017 to 30/06/2017
(Exh.14) is signed by both parties in which amount of Rs.5,64,534/ is
shown to be outstanding. The defendant had received the notice dated
29/11/2018 (Exh.16) as per acknowledgement (Exh.18). The
defendant issued three cheques of Rs.1,00,000/ each dated
24/06/2019, 24/07/2019 and 28/07/2019 (Exh.19, 20 and 21
respectively). He had also issued the cheque of Rs.50,154/ dated
30/07/2019 (Exh.22). All these cheques were dishonoured as per six
dishonour memos (Exh.23 colly.). Then, advocate for the plaintiff
issued notice dated 26/11/2019 (Exh.24) as per Section 138 of the
N.I.Act.
7. Oral and documentary evidence on record reveals that the
defendant has not disputed the liability. He continued to make part
payment of outstanding amount. Confirmation statements (Exh.13 and
14) fortifies to the case of the plaintiff. In addition to it, cheques issued
by the defendant in June and July 2019, shows that he was burdened
with liability to pay the amount shown in the cheques. Invoices as well
as goods consignment notes prove the basic fact of supply of goods to
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Comm.Suit No. 3/2020. 5 Ex-parte Judgment (Exh.29).
the defendant by the plaintiff. For all these reasons, unchallenged
evidence of the plaintiff is liable to be accepted. Claim of the plaintiff
regarding interest at the rate of 16% p.a. is reasonable considering
nature of transaction and delay caused in making payment of
outstanding amount. For all above discussion, the suit is liable to be
decreed with costs. Accordingly, I record my findings as to Point No.1
and 2 in the affirmative. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 3/2020 is decreed.
2. The defendant is directed to pay amount of Rs.5,38,017/
(Rupees Five Lakhs Thirtyeight Thousand Seventeen Only)
to the plaintiff within three months from the date of
decree.
3. The defendant is further directed to pay interest @ 16%
p.a. on the principal amount of Rs.3,79,967/ to the
plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 17/09/2021. Mumbai.
1. Dictated online on : 17/09/2021.
2. Signed on : 17/09/2021.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Comm.Suit No. 3/2020. 6 Ex-parte Judgment (Exh.29).
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/09/2021. 4.30 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 17/09/2021.
Judgment/Order signed by P.O. on 17/09/2021.
Judgment/Order uploaded on 17/09/2021.
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