Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 109 of 2020 .. J/1 .. Exparte Judgment
MHCC010001492020
Presented on 03-01-2020
Registered on 16-01-2020
Decided on 18-11-2022
Duration Yrs. M. Days
02 10 15
CNR No. MHCC010001492020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.109 OF 2020
GOPAL KANAYALAL TALREJA
Adult, Indian Inhabitant of Bombay, aged 61
years, carrying on business at 34, Dariya Mahal
A, 80, Nepeansea Road, Mumbai 400 006. ...Plaintiff.
V/s.
1. RAJESH RASIKLAL MEHTA
Adult, Indian Inhabitant of Bombay, age not
known carrying on business in the name
and style of R.R. Chem (India), a
Proprietory concern as its Sole Proprietor at
C/401, Padmavati Nagar, Dumping Road,
Mulund (W), Mumbai 400 080.
2. KANAN RAJESH MEHTA,
Adult, Indian Inhabitant of Bombay, age not
known carrying on business and residing at
C/401, Padmavati Nagar, Dumping Road,
Mulund (W), Mumbai 400 080. ....Defendants.
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Appearances:
Ld. Adv. Miss Kavita Lalwani for plaintiff.
None present for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 18th NOVEMBER, 2022.
J U D G M E N T
(Exparte)
1. The present suit is filed for recovery of amount of
Rs.36,000/(Rupees Thirty Six Thousand only) alongwith further
interest on the principal amount of Rs.30,000/(Rupees Thirty
Thousand only) at the rate of 18% per annum from the date of suit till
its actual realisation.
2. The facts in brief are as follows:
The Plaintiff is an adult, Indian Inhabitant residing
at Mumbai. The Defendant No.1 is an adult, Indian Inhabitant carrying
on business in the name and style of R.R. Chem (India). The Defendant
No. 2, is the acceptor of the demand bill of exchange. On 08.06.2017
defendant No.1 for valuable consideration of Rs.1,50,000/ drew a
demand bill of exchange on defendant No.2 in favour of the plaintiff.
The plaintiff paid the amount of Rs.1,50,000/ by way of cheque
bearring no.995907 dated 08.06.2017. The defendants have repaid the
sum of Rs.1,20,000/ by cheque and NEFT. The defendant no.2 handed
over cheque dt.19.08.2019 for amount of Rs.30,000/ regarding
remainng amount. The said cheuqe on presentation was dishonoured.
The plaintiff on several occasions called upon the defendants to pay the
sum of Rs.30,000/ alongwith interest at the rate of 18% per annum but
the defendants on one or other pretext failed to make the payment. On
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19.09.2019 plaintiff issued legal notice calling upon the defendants to
pay the amount but the defendant in spite of receipt of Notice failed to
pay the amount. The plaintiff therefore filed the present suit and prayed
to decree the suit.
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendants as per
order dated 22.12.2021.
4. The plaintiff filed his claim affidavit vide Exh.03 alongwith
list of documents vide Exh.04. The plaintiff filed the demand bill of
exchange dated 08.06.2017 alongwith Office copy of legal notice dated
19.09.2019 with acknowledgement vide Exh.5 and Exh.06. It seems
that the present suit is based on the demand bill of exchange executed
by the defendant No.1 in favour of the plaintiff. The defendant Nos.2
also signed the bill of exchange as acceptor. The defendant No.1 made
part payment but thereafter failed to acknowledge the balance amount.
The defendant Nos.2 also failed to pay the sum of Rs.30,000/ and thus
the defendants dishonoured the Bill of Exchange. The plaintiff
therefore, filed the present suit. The documents at Exh.04 shows that
the bill of exchange bears the signatures of defendant Nos.1 and 2. The
defendants also received the notices but they failed to comply the same.
It therefore seems that the defendants are liable to make the payment.
5. The defendant No.1 and 2 failed to appear before the
Court. They failed to challenge the oral and documentary evidence of
plaintiff. They failed to crossexamine P.W.1. The evidence of plaintiff
has therefore gone unchallenged. The plaintiff proved that a bill of
exchange was drawn by defendant No.1 in favour of plaintiff and it was
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accepted by Defendant No.2. On failure of defendant No.1 to pay the
amount the Defendant No.2 was liable to make the payment but he also
failed to pay the same. Hence, plaintiff is entitled for the decree.
6. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I, proceed
to pass the following order:
ORDER
1. The Summary Suit No.109 of 2020 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay the amount
of Rs.36,000/(Rupees Thirty Six Thousand only) to the plaintiff
along with interest at the rate of 9 percent per annum on the
principal amount of Rs.30,000/(Rupees Thirty Thousand only)
from the date of filing suit till its actual realisation.
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.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 18112022 City Civil Court, Gr. MUMBAI
Directly typed on : 18112022
checked on : 18112022
Signed on : 18112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.11.2022 at 5.50 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order 18.11.2022
Judgment/order signed by P.O. on 18.11.2022
Judgment/order uploaded on 24.11.2022
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