Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.120/2020
MHCC010003372020 Presented on : 08/01/2020
Registered on : 22/01/2020
Decided on : 20/06/2023
Duration : 03Y 05M 14D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.11
SUMMARY CIVIL SUIT NO.120 OF 2020
AMBALAL RIKHABCHANDJI JAIN, aged 55 years
Of Mumbai, an adult Indian Inhabitant,
carrying on business of Money Lending as a
Sole Proprietor in the name and style of Ritik
Creation at and from Room No.20, Ground Floor,
Gulam Mohmad Building, Navroji Hill Road No.7,
Dongri, Mumbai – 400 009.
]
]
]
]
]
]
] ..Plaintiff
V/s.
1.
2.
SITARAM CHIMAJI KAMBLE
Age not known of Mumbai, an adult Indian
Inhabitant, working for gain BMC, “A” Ward, 134
E, Shahid Bhagat Singh Road, Fort, Mumbai – 400
005. Emp No.1263734, residing at Om Shiva
Complex, Yugantak Society, “G” Wing, Room
No.101, Near Jarimarimata Temple, Sukapur –
New Panvel 410 206.
PRADEEP GANPAT DHOTRE
Age not known of Mumbai, an adult Indian
Inhabitant working for gain BMC, “B” Ward, 121.
Ramchandra Bhatt Marg, Cross Lane, Mumbai –
400 009. Emp No.3887433, residing at
Swarnabhumi Complex, B – 2, ‘C’ Wing, Room
No.202, Rayachur (Sukhapur), Pur Baju Colony,
Sholottar Village – Pali, Devgad, Taluka – Panvel,
Dist. Raigad, Pin-410206.
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
..Defendant
(Suit
withdrawn
against
defendant No.2
as per
roznama
dated
20/06/2023.)
-- 1 of 6 --
..2.. Summary Civil Suit
No.120/2020
Appearance :-
Mr. Ramesh Jain, learned advocate for plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 20/06/2023.
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.1,08,108.49/- (Rupees One Lakh Eight Thousand One Hundred
Eight and Forty-Nine only) under the bill of exchange. The plaintiff has
come with the case that he paid Rs.90,000/- (Rupees Ninety Thousand
only) to the defendant No.1 who drew bill of exchange on
03/10/2018, directing the defendant No.2 to pay to the plaintiff, a
sum of Rs.90,000/- (Rupees Ninety Thousand only) on demand. The
bill of exchange was accepted and delivered by defendant No.2 to the
plaintiff on the same day. The plaintiff presented the bill of exchange
to the defendants and demanded to pay the amount of bill of
exchange, but the defendants did not pay. The plaintiff immediately
issued notice to the defendant No.1, who neglected to pay. Thereafter,
on 10/07/2019, he issued notice to the defendants through his
advocate to pay the amount, but they avoided to pay. It is his
contention that the defendants are jointly and severally liable to pay
the amount of Rs.90,000/- (Rupees Ninety Thousand only) alongwith
interest which is calculated from the date of filing of suit to
Rs.1,08,108.49/- (Rupees One Lakh Eight Thousand One Hundred
Eight and Forty-Nine only). The bill of exchange was drawn on
03/10/2018 and the defendants have failed to pay as per the notice
-- 2 of 6 --
..3.. Summary Civil Suit
No.120/2020
dated 10/07/2019. Therefore, the suit is filed within limitation and
having jurisdiction of this Court.
2 The writ of summons is served upon the defendant No.1,
but he failed to appear before this Court. Hence suit proceeded ex-
parte against defendant No.1 vide
roznama dated 08/11/2021. The
plaintiff has withdrawn the case against the defendant No.2.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the
defendants have executed the bill of
exchange of Rs.90,000/- (Rupees Ninety
Thousand only) in his favour ?
Affirmative
2 Does the plaintiff prove that he is
entitled to charge interest as prayed for ?
Partly Affirmative
3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the plaintiff
relied on various documents under list (Exh-07). Heard learned
advocate for plaintiff.
-- 3 of 6 --
..4.. Summary Civil Suit
No.120/2020
As to point Nos.1 to 3 :-
5 The plaintiff has tendered his Claim Affidavit (Exh-06)
alongwith documents as per list (Exh-07). On perusal of bill of
exchange, it reveals that it bears signature of the defendants.
Inconsequence of failure to pay the amount under the bill of exchange,
the plaintiff has issued a notice on 10/07/2019. Thus, the plaintiff is
entitled for recovery of amount under the bill of exchange. The
plaintiff is a money lender having license bearing No.RBI-2425, hence,
he is entitled to recover the amount as a money lender. He filed
another document related to his license and Form No.10 and also
cashbook at Article A to C. Thus, it is established that the defendants
have executed the bill of exchange in favour of plaintiff.
6 There is nothing on record that the defendant No.1 has
ever paid any amount under the bill of exchange. His absence and
omission to appear before the Court on being served with the writ of
summons shows that he has no substantial defence and he has
admitted the claim of plaintiff. Therefore, the plaintiff is entitled to
recover the amount under the bill of exchange.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% p.a. from the defendant No.1, however, I am
of the view that it is exorbitant rate of interest. No doubt the plaintiff
has suffered loss in business and profit, due to failure to repay the
amount by the defendant. Had it been paid to the plaintiff as per
demand, he would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% p.a. from the date of default i.e. notice of
-- 4 of 6 --
..5.. Summary Civil Suit
No.120/2020
advocate dated 10/07/2019, till its full realisation. In view of above
discussions, I answer point No.1 in affirmative and point Nos.2 and 3
in partly affirmative.
8 As the defendants have made plaintiff constrained to file
the suit, he is also liable to pay the costs. In the result, proceed to pass
the following order :-
ORDER
1. Summary Civil Suit No.120/2020, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.90,000/- (Rupees Ninety Thousand only)
alongwith interest at the rate of 9% p.a., from the
date of default i.e. notice issued by the advocate of
plaintiff on 10/07/2019, till its full realisation, from
defendant No.1.
3. Decree be drawn up accordingly.
4. Court fees, if any, be refunded as per rule.
(Judgment pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 20/06/2023 C.R. No.15
Dictated on : 20/06/2023
Transcribed on : 21/06/2023
Draft corrected on : 21/06/2023
Signed on : 21/06/2023
-- 5 of 6 --
..6.. Summary Civil Suit
No.120/2020
“Certified to be true and correct copy of the original signed order”.
21/06/2023
at about 05.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 20/06/2023
Order signed by Hon'ble Judge on : 21/06/2023
Order uploaded on : 21/06/2023
at about 05.30 p.m.
-- 6 of 6 --