Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 SUM SUIT 157/2020
MHCC010006272020
Filed on :15-01-2020
Registered On :03-02-2020
Decided on :07-12-2021
Duration : Y-01/M-10/D-23
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 157 OF 2020
Exh. 10
Mahendra Premchandji Jain
Age: 57 yrs. of Mumbai, an adult
Indian inhabitant, residing at 46,
Modi Street, Ground Floor, Fort,
Mumbai - 400 001.
]
]
]
]
] ....Plaintiff
V/s
Leela Kishore Wagh
Age: not known
of Mumbai an adult Indian
inhabitant,
Working for gain with New Ind. Ass.
Co. Ltd., Corporate, New India
House 7th Floor, Mumbai- 400 001
And residing at New India Staff
Qtrs.C/2/9 Laxmi Dham Marg Juhu
Lane, Andheri West, Mumbai
]
]
]
]
]
]
]
]
]
] ....Respondent
Appearance:-
Mr. Ramesh Jain Advocate for the plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.V.PATIL
CITY CIVIL COURT
GR.MUMBAI (C.R. NO.15).
DATE : 07/12/2021
-- 1 of 5 --
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This suit is filed by plaintiff against the defendant for recovery
of Rs.1,50,961.64 paise alongwith further interest 18% per annum from
the date of the suit till realization of the total amount.
2. Brief facts of the suit are as under:
The Plaintiff and the defendant are resident of Mumbai. The
plaintiff has received cheque of Rs. 1,50,000/- from the defendant for
valuable consideration. The cheque has been issued on 29/08/2018, which
is bearing number ‘771474’ drawn on State Bank of India. After receipt of
the cheque it was presented by the plaintiff for encashment. But the
cheque is dishonoured with remarks i.e. funds are insufficient in the
account of the defendant. Therefore, on 05/09/2018 demand notice was
issued to defendant but inspite of receipt of notice, he fail to pay the
amount. As per amended provisions in the Negotiable Instrument Act, the
plaintiff is entitled for 18% per annum interest on due amount. Till filing
of suit the plaintiff has calculated interest on amount Rs.1,50,000/-.
Therefore, as on date of the suit, the due amount Rs.1,50,961.64 paise.
Therefore, this suit.
3. Suit summons was issued to the defendant. The summons is
returned, duly served, but defendant fail to appear on record accordingly
on 08/11/2021, it is order to proceed suit exparte against defendant.
Thereafter, the plaintiff has filed claim affidavit at Exhibit-05, The affidavit
of witness Mahendra Jain is filed alongwith documents, original cheque at
Exhibit-6, Bank memo at Exhibit-07 and Demand notice at Exhibit-08.
From documents, pleading and arguments following points arise for
-- 2 of 5 --
determination and findings thereon are as under for the reasons stated
there under:-
Sr. No. POINTS FINDINGS.
1. Does plaintiff prove due amount
of Rs. 1,50,961.64 paise against
defendant on the date of suit ?
In the affirmative.
2. Does plaintiff entitled for
recovery of due amount with
interest as sought for?
In the affirmative.
2. What is an order? The suit is decreed.
REASONS
4. As to Point No. 1 to 3 :
It is the case of plaintiff that the defendant has issued Exhibit-06
cheque to him for valuable consideration. The cheque is produced on
record it bears signature of the defendant i.e. Leela Kishore Wagh. It is
addressed to the plaintiff. However, the plaintiff has reiterated the facts on
oath. From cheque, bank memo it appears that, the defendant has issued
cheque to the plaintiff of Rs.1,50,000/-. The same cheque has been
presented for encashment but it is returned with mark insufficient funds in
the account of the defendant. Therefore, primafacie from oral and
documentary evidence it appears that, Rs.1,50,000/- is due against the
defendant.
5. The plaintiff is asking 18% per annum interest on due amount. As
per statement of the plaintiff, he is entitled for 18% interest under the
provisions of the Negotiable Instrument Act.
6. Here Section 80 of the Negotiable Instrument Act is relevant. The
plaintiff is entitled for 18% per annum interest on cheque amount. The
-- 3 of 5 --
plaintiff has produced statement alongwith suit to show that from due date
till the filing of suit how much amount is due against defendant. He has
calculated interest as per 18% per annum on Rs. 1,50,000/-. Therefore, as
on date of suit the due amount is Rs.1,50,961.64/- paise. Inspite of
demand notice, writ of summons, the defendant fail to appear and
challenged oral as well as documentary evidence of the plaintiff. Therefore,
the plaintiff is entitled for due amount as well interest as sought by him.
Accordingly, I answer to point no.1 to 3 in the affirmative and proceed to
following order. Hence, I answered to point no.4, by following order:
ORDER
1. Suit is decreed with costs.
2. Defendant do pay amount of Rs.1,50,961.64 paise to the
plaintiff alongwith interest at the rate of 18% p.a. from the
date of suit till the realization of full amount within 6 months
from the date of this order.
3. Decree be drawn up accordingly.
( C.V.Patil)
AD-HOC Judge,
City Civil Court,
Date : 07/12/2021 Gr. Bombay
Dicted on : 07/12/2021
Typed on : 08/12/2021
Signed on: 10/12/2021
-- 4 of 5 --
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
13.12.2021 11.20 a.m. ( S.R.Mejari )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. C.V.Patil (C.R.No.15)
Date of Pronouncement of
JUDGMENT/ORDER
07.12.2021
JUDGMENT/ORDER signed by
P.O.on
10.12.2021
JUDGMENT/ORDER uploaded on 13.12.2021
-- 5 of 5 --