Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010132372019
Presented on 17122019
Registered on 06012020
Decided on 16112022
Duration Year Month Days
02 10 30
CNR No. MHCC010132372019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.93 OF 2020
RAVINDRA CHANDULAL MEHTA
Age: 36 years, Indian Inhabitant
Proprietor of M/s. Shri Mahavit Enterprises,
Carrying on business Building No. 26,
2nd Fanaswadi, 3rd Floor,
Room No.13 and 14,
Dadisheth Agiary Lane, Kalbadevi Road,
Mumbai 400 002.
...Plaintiff.
V/s.
ABU SAIF
An Adult, Indian Inhabitant,
Proprietor of M/s. In Fashion
Cloth Merchant, Near Raj Talkies,
Ground Floor, Nice Square,
Chhindwara – 480001 (MP).
...Defendant.
M
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Appearances:
Ld. Adv. Sumeet Mali for plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED :16th November, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of sum of Rs.1,55,520/ alongwith further interest at the rate of 18%
per annum from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff is proprietor of one M/s. Shri Mahavir
Enterprises. The defendant is also a proprietor of M/s. In Fashion. That
pursuant to the order placed by the defendant, the plaintiff sold,
supplied and delivered goods to the defendants under the bill dated
05.01.2019. The defendant duly received the goods and also
acknowledged the same. The defendant agreed to make the payment of
bill but the defendant failed to make the payment. The plaintiff
therefore, issued notice to the defendant. The defendant even after
receipt of notice had not paid the due amount and therefore, plaintiff
filed the present suit and prayed to decree the same.
3. The defendant was duly served but he failed to appear and
therefore, suit was proceeded Exparte against the defendant as per
order dated 13.04.2022.
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4. The plaintiff in order to prove his claim filed affidavit of
evidence vide Exh.4 alongwith list of documents vide Exh.5. The
plaintiff relied upon office copy of the bill, transport receipt, notice,
postal receipt and acknowledgement vide Exh.6 to 9. The documents
filed by the plaintiff shows that the plaintiff sold, supplied and delivered
the goods to the defendant. The said tax invoices raised by the plaintiff
shows that the goods up to the tune of Rs.1,33,793/ were supplied by
the plaintiff to the defendant. The transport receipt shows that the
goods were delivered to the defendant. However, the defendant failed
to pay the amount. The Exh.8 and 9 shows that the defendant was
served with the legal notice but defendant failed to repay the amount.
The defendant had choosen to remain absent and failed to challenge the
oral and documentary evidence of plaintiff. It therefore, seems that the
defendant admitted the claim of plaintiff. The defendant had not
appeared and had not raised any defence. The plaintiff proved that the
goods were sold and supplied to the defendant. The goods were
accepted by the defendant without any protest regarding the quality
and quantity of the goods but still defendant had not paid any amount.
The plaintiff is therefore, entitled for the decreetal amount.
5. The plaintiff is demanding the further interest on principal
amount of Rs.1,33,793/ at the rate of 18% per annum however, the
interest is exorbitant and therefore interest at the rate of 9% per annum
to meet the ends of justice. I therefore, proceed to pass the following
order:
ORDER
1.The Summary Suit No.93 of 2020 is decreed with costs.
2.Defendant shall pay the amount of Rs.1,55,520/ (Rupees One Lakh
Fifty five thousand five hundred twenty only) to the plaintiff along with
interest at the rate of 9 percent per annum on the principal amount of
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Rs.1,33,793/ (One lakh Thirty three thousand Seven hundred ninety
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.R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 16112022 City Civil Court, Gr. MUMBAI
Dictated on : 16112022
Transcribed on : 21112022
checked on : 22112022
Signed on : 22112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.11.2022 at 03.34 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of
judgment/order
16.11.2022
Judgment/order signed by P.O. on 22.11.2022
Judgment/order uploaded on 22.11.2022
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