Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010132402019
Presented on : 17122019
Registered on : 21012020
Decided on : 03032021
Duration : Y01 M02 D17
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 42 OF 2020
In the matter of: ]
Kavi Exports, A Proprietary Firm ]
Having address at : B307, Neelkanth Business Park, ]
Opp. Vidyavihar Station, Vidyavihar West, ]
Mumbai 400 086 ]
Through its Proprietor, Raj Jasani ]
Age: 25 years, Occ: Business, ]
Gender Male, Religion: Hindu, Indian Inhabitant ]
Mob No. 9820866697, 9892097907 ]
Email id: raj@kaviexports.in ]....Plaintiff
V/s
1. Giromy Samoni Inc. ]
A Proprietary Firm ]
2. Anil Sharma, ]
President/Authorized Person of Defendant No. 1, ]
Age: Not known, Occ: Business, ]
Gender: Male, Religion: Hindu, Indian Inhabitant ]
3. Sarika Sharma, ]
CoFounder/Authorized Person of Defendant No.1, ]
Age not known, Occ: Business, ]
Gender : Female, Religion: Hindu, Indian Inhabitant ]
All Defendants having office at:
A44/B, Road No. 2, Mahipalpur Extn., ]
New Delhi110 037 ]
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And also at:
14/108, Heritage City, M.G.Road, ]
Gurgaon, Haryana 122 002 ]
Contact No. 9899781110 ]
Email Idas@giromysamoni .in ]...Defendants
APPEARANCE:
Ld. Adv. Dhwani Bagdai I/b VRAJ Legal for plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 03rd March, 2021.
Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree against
defendants, directing the defendants to pay to the plaintiff a sum of
Rs.7,03,843.00/ (Rupees Seven Lakhs Three Thousand Eight Hundred
Forty Three only) with further interest at the rate of 18% per annum on
Rs.5,44,002.00/ (Rupees Five Lakhs Forty Four Thousand and Two
only) from the date of filing of suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff is a Proprietary Firm. As per the orders of the
defendants, the plaintiff had supplied and sold various goods to the
defendants and had raised necessary invoices. The invoices were
received by the defendants. The defendants are liable to pay the
plaintiff interest at the rate of 18% p.a. on the amount after credit
period of 30 days. The defendants had not raised any grievance
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regarding to the terms and condition, quality and quantity and rates of
the goods. It is contended that on 30.04.2019 the defendants was in
arrears of Rs.5,44,002.00/ with interest of Rs.1,59,841.00/. It is
stated that defendants had paid amount of Rs.5,50,448.00/ out of bill
amount of Rs.10,94,450.00/. The defendants had issued the following
cheques:
Sr.
No.
Cheque
Date
Cheque
No.
Amount Memo Date Reasons
1 18.04.2018 856039 1,75,000.00/ 19.04.2018
and
12.07.2018
Funds
insufficient
2 21.04.2018 856040 1,75,000.00/ 24.04.2018 Payment
stopped by
drawer
3 24.04.2018 856041 1,92,250.00/ 26.04.2018 Payment
stopped by
drawer
The said cheques were dishonored on its deposit. The
plaintiff had issued notice dated 13.12.2018 to the defendants. The
notice was not answered by the defendants. The plaintiff, therefore,
had instituted the present suit for recovery of amount of
Rs.7,03,843.00/ with further interest at the rate of 18% per annum on
the balance amount of Rs.5,44,002.00/ from the date of filing of suit
till its realization.
3. The defendant Nos. 1 and 2 had not appeared in the suit,
inspite of service. The suit proceeded exparte against them. The steps
were not taken to serve with the defendant No.3. The suit is dismissed
against defendant No.3.
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4. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery amount of Rs.7,03,843.00/
(Rupees Seven Lakhs Three Thousand
Eight Hundred Forty Three only) with
further interest at the rate of 18% per
annum on the balance amount of
Rs.5,44,002.00/(Rupees Five Lakhs
Forty Four Thousand and Two only)
from the date of filing of suit till its
realization.
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
5. Heard learned Advocate Dhwani Bagdai i/b VRAJ Legal for
the plaintiff.
6. The plaintiff in support of its case had examined Raj Jasani
at Exh. 05. The plaintiff had reiterated all the contentions raised by
him in the plaint. The plaintiff had relied upon following documents
(Exh.06):
Sr. No. Particulars Exh.
1 Annexure A
Copy of an email
7
2 Annexure – B
Copy of an Order
8
3 Annexure – C
Copy of an Order
9
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5
4 Annexure D1 to D3
Office copies of Invoices
10
(colly)
5 Annexure E1 to E3
Original Dishonored Cheques
11
(colly)
6 Annexure F1 to F4
Original Bank return memos
12
(colly)
7 Annexure G1 and G2
Original copies of Demand Notices
13
8 Annexure H1 and H2
Original postal and courier
receipts
14
(colly)
9 Annexure I1 and I2
True copies of the tracking reports
15 (colly)
10 Annexure – J
Original returned envelope
16
7. The plaintiff had relied upon copy of Orders (Exh. 8 and
Exh.9). The plaintiff also had relied upon the copies of invoices (Ex.10
colly). The evidence of the plaintiff points out that the total bill
amount is of Rs.10,94,450.00/, Rs. 5,50,448.00/ was paid by the
defendants to the plaintiff and the balance amount of Rs.5,44,002.00/
was not paid by the defendants. It is the evidence of the plaintiff that
the plaintiff had claimed interest at the rate of 18% p.a., after the expiry
of credit period of 30 days. It is the evidence of the plaintiff that
Rs.5,50,448.00/ is paid by the defendants till date. The defendants
was in arrears of Rs.5,44,002.00/. The plaintiff had given the details
of invoices, balance amount/interest as on 30.04.2019 (in case of part
payment interest calculated till the date of payment @ 18% p.a. and
rounded to near figure) are as under:
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Sr.
No.
Invoice
No.
Invoice
Date
Due Date Bill Amount Part
Payment
Balance
Amount
Interest till
30.4.2019
1 KE
907/453
/1718
15.09.17 15.10.17 7,00,448.00 5,50,448.00 1,50,000/ 68,130.00/
2 KE
907/549
/1718
09.12.17 08.01.18 1,75,112.00 1,75,112/ 41,192.00/
3 KE
907/569
/1718
18.12.17 17.01.18 2,18,890.00 2,18,890/ 50,519.00/
Total 10,94,450/ 5,50,448/ 5,44,002/ 1,59,841/
8. The said cheques issued by defendants were dishonored.
The plaintiff had issued notice on 13.12.2018 (Exh.13) to the
defendants, calling upon the defendants to pay the amount of
Rs.10,94,450.00/. The amount is not paid by the defendants.
The plaintiff, therefore, had filed the present suit for
recovery of amount of Rs.7,03,843/ with further interest at the rate of
18% per annum on balance amount Rs.5,44,002.00/ from the date of
filing of suit till its realization.
9. The evidence of the plaintiff have gone unchallenged. The
defendants had not appeared in the suit and had not contested the suit.
The plaintiff had discharged his burden to show that the defendants
was in arrears of Rs.5,44,002.00/. It is stated that defendants had paid
amount of Rs.5,50,448.00/ out of the bill amount Rs.10,94,450.00/.
The plaintiff had claimed the interest of 18% p.a. after expiry of credit
period of 30 days. The evidence of the plaintiff in respect of the interest
show that the defendants are liable to pay to the plaintiff the interest at
the rate of 18% p.a. after expiry of credit period of 30 days. It is not the
pleadings of the plaintiff in the plaint that agreed rate of interest was
18% p.a. after expiry of credit period of 30 days. The invoices do not
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point out that the rate of interest of 18% p.a. would be charged after
expiry of credit period of 30 days.
Considering the transaction to be commercial, the plaintiff
is entitled for interest at the rate of 10% p.a. after expiry of credit
period of 30 days till the date of filing of the suit in respect of following
transactions:
i) The interest at the rate of 10% p.a. on the balance bill
amount of Rs.1,50,000/ in respect of invoice No.KE907/453/1718
from 15.10.2017 till date of filing of suit
ii) The interest of 10% p.a. on amount of Rs.1,75,112/ in
respect of invoice No.KE907/549/1718 from 08.01.2018 till date of
filing of suit.
iii) The interest at the rate of 10% p.a. on amount of
Rs.2,18,890/ in respect of invoice No.907/569/1718 from 17.01.2018
till date of filing of suit.
The plaintiff further is also entitled for interest at the rate
of 10% p.a. on the balance amount of Rs.5,44,002.00/ from the date of
filing of the suit till its realization. Hence, I answered point No. 1 “in
Affirmative.” In the result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff a sum of
Rs.5,44,002.00/ with further interest at the rate of 10% p.a. from
the date of filing of suit till its realization.
3. The Defendants are directed to pay to the plaintiff the interest at the
rate of 10% p.a. on the balance bill amount of Rs.1,50,000/ in
respect of invoice No.KE907/453/1718 from 15.10.2017 till date
of filing of suit. The defendants are further directed to pay the
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interest of 10% p.a. on amount of Rs.1,75,112/ in respect of invoice
No.KE907/549/1718 from 08.01.2018 till date of filing of suit. The
defendants are also further directed to pay the interest at the rate of
10% p.a. on amount of Rs.2,18,890/ in respect of invoice
No.907/569/1718 from 17.01.2018 till date of filing of suit.
4. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 03.03.2021 Gr.Bombay at Mumbai.
Dictated on : 03.03.2021
Transcribed on : 05.03.2021
Signed by H.H.J.on : 08.03.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.03.2021 at 5.35 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
03.03.2021
Judgment/order signed by P.O. on 08.03.2021
Judgment/order uploaded on 09.03.2021
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