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(Judgment) 1 S.C.S. No.18 of 2022
(Exh.25).
UTDN010007412022
RECEIVED ON : 29/04/2022
REGISTERED ON : 29/04/2022
DECIDED ON : 05/07/2023
DURATION : Y M D
01 02 06
IN THE COURT OF THE JOINT CIVIL JUDGE (JUNIOR DIVISION),
U.T. OF DADRA AND NAGAR HAVELI AT SILVASSA.
(Presided over by B. H. Parmar)
Sum. Civil. Suit No. 18 of 2022.
Exh.No.25.
Microfiber Corp Pvt Ltd
Through Sahajanand Jha
Age – 35 years,
Occupation – Director,
R/o. Masat, Silvassa …. PLAINTIFF.
VERSUS
Sachidanand Enterprise
Thru – Bobby Singh Parihar
R/o. 406, Dutt Nagar Reti Mandi Road,
Rajendra Nagar, Indore M.P. …. DEFENDANT.
(Judgment) 2 S.C.S. No.18 of 2022
(Exh. 19).
Suit for recovery of Rs. 2,05,800/ along with interest @ 24 %
Sanjay L. Yadav, advocate for plaintiff.
Exparte against the defendant.
JUDGMENT
(Dictated and pronounced on 05.07.2023 )
The case of the plaintiff is as follows :
02. That the plaintiff is director of Microfiber Corp Pvt Ltd and
he is having its factory at village Masat. Defendant is prop of
Sachidanand Enterprise carrying the business of manufacture and
supply of paper disposable and mask making machine. It is further
submitted by the plaintiff that the defendant is known to him and he
had purchase NonWoven Blank Face Mask Machine and Welding
Machine. It is also submitted by plaintiff that defendant had assured
him that he will provide his service of supply of Mask Making Machine
to the plaintiff. The defendant had given proposal of mask making
machine alongwith relevant details and had ask for advance against
the supply of the said machine to the plaintiff on 14.04.2020.
(Judgment) 3 S.C.S. No.18 of 2022
(Exh. 19).
03. It is further submitted by the plaintiff that defendant had
personal meeting with him regarding the discussion of supply of said
machine and collected the purchase order from him. It is further
submitted that the plaintiff had made an advance payment of
Rs.9,55,800/ dated 15.04.2020 via bank NEFT transfer to the
defendant bank against the proforma invoice of the defendant to
confirm the purchase order of the NonWoven Blank Face mask
Machine and welding machine.
04. It is further submitted by the plaintiff that he had made
several follow ups with the defendant regarding the delivery of the
machine but the defendant failed to deliver the ordered machine as
per the commitment and plaintiff had demanded the advance amount
to be refund from defendant. It is further submitted by the plaintiff
that the defendant had accepted his failure to deliver the ordered
machine and accepted to refund the advance money to the plaintiff on
immediate effect. Accordingly, the defendant had made part payment
of Rs.6,00,000/ and after that the defendant had stop responding to
calls of plaintiff.
05. It is further submitted by the plaintiff that defendant had
made payment of Rs.50,000/ via online bank transfer on 04.12.2020
to his account without any intimation. Thereafter, the plaintiff had
(Judgment) 4 S.C.S. No.18 of 2022
(Exh. 19).
07. The defendant did not appeared before the Court inspite
of service of suit summons vide Exh.09. The plaintiff has submitted
proforma invoice Exh.15, photocopy of purchase order Article A, Bank
Statement Exh.16 to Exh.18, Office Copy of Legal notice Exh.19,
Postal acknowledgment Exh.20, Bank statement Exh.21, copy of email
Article B & D, Copy of ledger account Article C, Copy of legal notice
Exh.22, RPAD receipts Exh.23.
1. Whether the plaintiff prove that the Yes
amount of Rs. 2,05,800/ was due
against the defendant ?
2. Whether plaintiff is entitled for decree Yes
of recovery of amount as prayed ?
3. What order and decree ? Suit is decreed
(Judgment) 6 S.C.S. No.18 of 2022
(Exh. 19).
REASONS
AS TO POINT NO. 1 & 2 :
10. The plaintiff has filed on record proforma invoice Exh.15,
photocopy of purchase order Article A, Bank Statement Exh.16 to
Exh.18, Office Copy of Legal notice Exh.19 & Exh.22, Postal
acknowledgment Exh.20, Bank statement Exh.21, copy of email
Article B & D, Copy of ledger account Article C. The ocular evidence of
(Judgment) 7 S.C.S. No.18 of 2022
(Exh. 19).
the plaintiff is going in consonance with the documentary evidence.
Upon bare perusal of both the oral as well as documentary evidence it
can be seen that, the plaintiff had advance payment of Rs.9,55,800/
to defendant for supply of NonWoven Blank Face mask Machine and
welding machine. However, defendant did not supplied the said
articles to plaintiff and also after making part payment he did not paid
balance amount of Rs. 2,05,800/ to plaintiff.
11. Defendants were served with suit summons vide Exh.08.
As the defendant did not appear in the present suit though served
with suit summons, the oral and documentary evidence lead by
plaintiff gone unchallenged. So also, there is nothing on record to
disbelieve the evidence brought on record by the plaintiff. Hence, it
seems that plaintiff have succeeded in proving that defendant was
liable to pay balance amount of Rs.2,05,800/ along with interest
thereon.
13. The present transaction is commercial transaction. Plaintiff
have filed on record copy of Proforma invoices vide Exh.15 & copy of
purchase order to substantiate the said facts. In such circumstances it
will be just and proper to grant interest at commercial rate. In above
circumstances, I deem fit to award interest at the rate of 18 % p.a.
Hence, I recorded my findings to Point Nos.1 & 2 in the affirmative. In
view of my findings recorded for points Nos. 1 and 2, I pass following
order :
O R D E R
1. Suit is decreed with costs.
2. Defendant shall pay outstanding / balance amount of
Rs.2,05,800/ (Rs. Two Lac Five Thousand Eight Hundred only)
along with interest at the rate of 18 % p.a. from the date of suit
till realization.
3. Decree be drawn up accordingly.
Judgment dictated and pronounced in the open Court.
sd/
Silvassa (B. H. Parmar)
Date: 05.07.2023 Jt. Civil Judge (Junior Division)
Dadra and Nagar Haveli,
Silvassa.
(Judgment) 9 S.C.S. No.18 of 2022
(Exh. 19).
CERTIFICATE.
I affirm that the contents of this P.D.F. File
judgment/order are same, word to word, as per the original
Judgment.
Name of the Clerk : J. H. Patel
Court :Civil Judge J.D.
Date : 05.07.2023
Judgment Signed by the Presiding 05.07.2023
officer on :
Judgment uploaded on 06.07.2023.
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