M/S Bhagwa vs M/S Stalli

M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd Vs M/S Stallion Impex

Case Details

Case Type	Sum.Civ.Suit
Filing Number	139/2018
Registration Number	7/2018
Filing Date	26-02-2018
Registration Date	26-02-2018

First Hearing Date	26th February 2018
Decision Date	11th January 2019
Case Status	Case Disposed
Court Number and Judge	1-Jt.Civil Judge J.D.Kalyan;
Nature of Disposal	Uncontested--Decreed Ex-Parte;

Petitioners & Respondents

Petitioner

M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd, ;

Petitioner Advocate

Z N Kazi;

Respondent Name

M/S Stallion Impex;

Order Details

Order not found.

Final Order Judgement

Order Date

11-01-2019

1 Sum. Suit No.07/2018 Judg...Exh.17 Presented on : 22/02/2018 Registered on : 22/02/2018 Decided on : 11/01/2019 Duration : 00Y.10M.20D. IN THE COURT OF JOINT CIVIL JUDGE J.D., KALYAN, DIST. THANE. ( Presided over by Nilima A.Wankhade) SUMMARY SUIT NO. 07/2018. Exh.No.17 CNR NO – MHTH080001402018 M/s.Bhagawati Industries a proprietary concern of M/s.Kumar Metals Pvt.Ltd. Through its authorized Signatory Mr.Banwarilal L. Bagaria Age 69 years,Occu:Business, having their factory at EF7, Mini Indl.Estate, Konkan Vikas, Shahsput, Dist. Thane and Administrative & Accounts Office at Shop No.3, Sai Sankul Annex, Barave Road, Khadakpada , Kalyan(W),Dist.Thane. ….. Plaintiff. V/s. M/s.Stallion Impex a Proprietary concern through its Proprietor Mr.Chintan Pradip Shah, Adult, Occu.Business, having their Principal Place of business at A1, Lotus Building, Whispering Medows, Model town, Near Ganesh Temple off B.R.Road, Mulund(W), Mumbai400 080. .....Defendant. Ld. Adv. Shri. Z.N.Kazi for the plaintiff. Exparte against the defendant. ..2.. Sum. Suit No.07/2018 Judg...Exh.17 : J U D G M E N T : (Delivered on 11th day of January, 2019 ) 1] This is a suit for recovery of Rs.48,560/ and interest thereon under Order XXXVII of The Code of Civil Procedure, 1908 2] In short, the plaintiff is a proprietary concern of M/s. Kumar Metals Pvt.Ltd., a company registered under the Companies Act, 1956 engaged in manufacturing quality adhesive powder and industrial dextrine. The defendant is a proprietary concern dealing in manufacturing of corrugated boxes and allied works. Both were having business terms as defendant was purchasing various materials such as modified starch powder from the plaintiff. The defendant was irregular in clearing his dues on time, which were due and liable to pay to plaintiff for materials supplied to him. Hence, the plaintiff had discontinued all the transactions with him. Thereafter, the defendant has visited the office of the plaintiff and showed his interest to continue the business with the plaintiff. The plaintiff restarted business transaction believing the commitment of defendant and having faith on his words that he will do business with the plaintiff with honestly and clear all his dues within 45 to 60 days from the date of supply of material. 3] The defendant placed order of starch powder weighing about 590 kg. amounting to Rs.24,019/ including C.G.S.T. and S.G.S.T. on 05/07/2017. The defendant assured to clear dues as per present bill within 15 days of receipt of goods. Accordingly, plaintiff 3 Sum. Suit No.07/2018 Judg...Exh.17 delivered the goods to the defendant. Despite of delivery of goods to the defendant , he failed to pay bill amount. On 23/08/2017 again defendant approached to the plaintiff and assured the plaintiff that he would pay previous bill along with new order he is going to place. The plaintiff again fell prey to defendant and delivered 40 kg. Modified starch powder for the amount of Rs. 19,541/ including C.G.S.T. and S.G.S.T. Accordingly, the goods were delivered to the defendant. The defendant again failed to repay outstanding bill. Considering continuous default of the defendant, plaintiff issued reminder letters dt 28/09/2017, 24/10/2017 & 03/11/2017 and 27/11/2017 to the defendant about outstanding amount. Despite of letters defendant failed to make payment. Finally, plaintiff issued notice on 06/01/2018 and demanded outstanding amount of bills dated 05/07/2017 and 23/07/2017. He also asked for Rs.5000/ towards the expenses of the notice. Despite of notice defendant failed to make repayment of outstanding amount. Hence, present suit is filed for the recovery of 43,560/ alongwith interest @ 25% p.a. and Rs.5000/ towards notice chages. 4] Despite of service of summons the defendant failed to appear and to take leave to defend. The suit is proceeded exparte against the defendant. 5] Following point, therefore arise for consideration and findings are recorded thereon with reasons as under : ..4.. Sum. Suit No.07/2018 Judg...Exh.17 SR.No. POINT FINDING. 1. Whether the plaintiff proved that the goods worth Rs. 43,560/ are supplied to the defendant on credit ? Affirmative 2. Is plaintiff entitled to recover amount alongwith interest @ 24% p.a. thereon from the defendant? Affirmative. 3. What order and decree ? Suit is decreed with costs. :REASONS : POINT NO.1 AND 2: 6] Plaintiff Banwarilal has examined himself as (P.W.1) vide Exh.6. Besides the plaintiff has relied on documents (Exh.9 to 16). As against this, the defendant failed to adduce any evidence. 7] In sum and substance plaintiff (P.W.1)deposed that it is a company registered under the companies Act and it had business term with the defendant. The defendant placed order on 05/06/2017 and 23/08/2017 in respect of starch powder. On the assurance of defendant that he would pay entire bill amount, plaintiff delivered the goods. Despite of repeated demand, the defendent failed to pay amount of Rs. 24,019/ & Rs.19,541/. Plaintiff issued reminder letters on 28/09/2017, 24/10/2017, 3/11/2017 & 27/11/2017, but the defendant avoided to make payments. Finally, plaintiff issued notice on 06/1/2018. The defendant failed to pay bill amount. The evidence of plaintiff remains unrebutted on record. 5 Sum. Suit No.07/2018 Judg...Exh.17 8] The case of the plaintiff is based on documentory evidence, hence, relevant documents need to be looked into. Tax invoice Exh.9 and Exh.11 go to show that the defendant placed order of modified starch powder on 05/07/2017 and 23/08/2017. Accordingly, plaintiff delivered the goods to the defendant vide invoice No.G8 Exh.10 & Exh.12. Notice Exh.14 and receipt Exh.15 demonstrate that the plaintiff issued notice to the defendant and demanded the outstanding amount. Despite of notice defendant failed to pay outstanding amount. 9] The oral and documentary evidence on the point of non payment of outstanding amount by the defendant has not been subjected to cross examination. Therefore, it remained unchallenged on record. So, it stands proved that the plaintiff supplied goods Rs. 43,560/ on credit. On the other hand the defendant failed to adduced any evidence to show that he infact cleared the dues to the plaintiffs. 10] The plaintiff on the strength of oral and documentary evidence succeeded in proving that it is entitled to claim the said amount. Now the point is what is the agreed rate of interest. Tax invoice Exh.11 shows that the interest rate @ of 24% will be charged on overdue payment. The said interest is also not denied by the defendant. Therefore, plaintiff is entitled for interest as agreed. The plaintiff is also entitled to costs of the suit. Considering all the above facts, I answer point nos.1 and 2 in affirmative. ..6.. Sum. Suit No.07/2018 Judg...Exh.17 POINT NO.3: In result, I pass following order. ORDER 1] The suit is decreed with cost. 2] The defendant do pay Rs.43,560/(Rs. Forty three Thousand Five Hundred Sixty Only) to the plaintiff alongwith interest @24%p.a. from the date of suit till its realization. 3] Decree be drawn up accordingly. Kalyan. ( Nilima A.Wankhade ) Date : 11/01/2019 Jt. Civil Judge, J.D., Kalyan.

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Frequently Asked Questions

The Petitioner in case M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd vs M/S Stallion Impex is M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd.

The Respondent in case M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd vs M/S Stallion Impex is M/S Stallion Impex.

The case against M/S Stallion Impexwas filed on 26-02-2018 by M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd.

The status of case M/S Bhagwati Industries A Prop M/S Kumar Metal Pvt Ltd against M/S Stallion Impex is Case Disposed.