Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 28.01.2020
Registered on : 17.02.2020
Decided on : 12.10.2021
Duration : 01Y 08M 14D
EXHIBIT 13
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 207 OF 2020
( CNR No.MHCC010011632020)
AMBALAL RIKHABCHANDJI JAIN ]
Age 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 and from ]
Room No.20, Ground Floor, Gulam ]
Mohmad Building, Navroji Hill Road ]
No.7, Dongri, Mumbai – 400 009. ].. Plaintiff.
V/s.
1. PRAVIN KERU JADHAV ]
Age not known an adult Indian ]
Inhabitant working for gain with ]
BMC, “F” North Ward, Sweeper ]
Bhau Daji Road, Matunga, ]
Mumbai – 400 019. ]
EMP No.03822333. ]
Residing at B.I.T. Baithi Chawl, ]
Room No.1, Sydenham Compound ]
Ebrahim Rehmatulla Road, Near ]
J.J. Hospital, Mumbai – 400 003. ]
2. SASHIKANT KERU JADHAV ]
Age not known an adult Indian ]
Inhabitant, Residing at B.I.T. Baithi ]
Chawl, Room No.1, Sydenham ]
Compound Ebrahim Rehmatulla ]
Road, Near J.J. Hospital, ]
Mumbai – 400 003. ]..Defendants.
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Advocates Mr. Ramesh Jain for the plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 12th OCTOBER, 2021
JUDGMENT
The suit is instituted for recovery of amount of Rs.
98,305.75ps. along with interest on the amount of Rs. 80,000/ at the
rate of 18% per annum from the date of institution of the suit till
realisation of the total decreetal amount.
2. It is the case of plaintiff that he is doing a business of
money lending. The plaintiff advanced amount of Rs.80,000/ to
defendant No. 1 on 05/09/2018. Defendant No. 1 drew a bill of
exchange in the name of defendant No. 2 directing him to pay to the
plaintiff or order at Mumbai a sum of Rs. 80,000/ on demand. It was
accepted by defendant No. 2 on the same day. Plaintiff presented the
bill of exchange to defendant No. 2 on 05/10/2018 and demanded the
amount of Rs. 80,000/. Defendant No. 2 dishonoured the same.
Therefore, plaintiff informed defendant No. 1 about the same and
demanded the amount of Rs.80,000/ from defendant No. 1. But
defendant No.1 also refused and neglected to pay the amount.
Therefore, plaintiff is entitled to the interest at the rate of 18% per
annum from the defendants on the said amount.
3. Plaintiff demanded the amount from the defendants on
22/10/2019 by issuing a letter through his advocate. Defendants
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received the said later. However, they failed and avoided to comply
with the demand of plaintiff. Hence, plaintiff is constrained to institute
the present suit.
4. The defendants were duly served in person. Service report
and affidavit are at Exhibit5 . Defendants failed to appear before the
Court. Hence, the suit proceeded ex parte against the defendants.
5. Considering the plaint, documents filed on record and
submissions of learned advocate for plaintiff, following points arise for
my determination and my findings to them are as stated below for the
following reasons.
Sr.
No
POINTS FINDINGS
1 Whether the plaintiff proves that defendant
No. 1 executed a demand bill of exchange
directing the defendant No. 2 to pay the
amount of Rs.80,000/ to plaintiff on
demand on 05/09/2018?
In the
Affirmative
2 Whether the plaintiff is entitled to get the
interest at the rate of 18% per annum on the
aforesaid amount?
In the
Affirmative
3 Whether the plaintiff is entitled to the relief
as prayed for?
In the
Affirmative
4 What Order and decree ? As per Final Order
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R E A S O N S
AS TO POINT NOS.1 TO 4:
6. As all the points are related to each other, they are
discussed at once to avoid the repetition.
7. The plaintiff has filed a claim affidavit at Exhibit7.
Plaintiff has produced the original bill of exchange at Exhibit8 . It
shows signature of defendant No. 1 and defendant No. 2 on stamps. It
shows that on 05/09/2018, defendant No. 1 executed the same for
consideration of Rs. 80,000/. Plaintiff has produced on record a notice
issued to defendants on 22/10/2019 demanding the amount at
Exhibit9 . Plaintiff has produced on record a copy of money lending
license and Form No. 10 at Exhibits10 and 11 respectively . Plaintiff
has also produced on record statement of account of defendant No. 1
maintained by him at Exhibit12 . All these documents are supported
by the claim affidavit of plaintiff.
8. The defendants were having ample opportunity to appear
before the Court and seek necessary leave to defend the suit. However,
they did not respond to the summons of the suit at all. Therefore, the
aforesaid documentary and oral evidence of plaintiff has gone
unchallenged.
9. In view of the above discussion, I have come to the
conclusion that plaintiff advanced the amount of Rs. 80,000/ to
defendant No. 1 on 05/09/2018. In turn, the defendant No. 1 executed
a demand bill of exchange directing the defendant No. 2 to pay the
amount of Rs. 80,000/ to plaintiff on demand. Plaintiff demanded the
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amount to defendant No. 2, but he failed to pay the amount. Hence,
plaintiff demanded the same to defendant No. 1 who also failed to pay
the amount. Hence, a legal notice was issued to the defendants but the
defendants did not comply. In the circumstances, the plaintiff is entitled
to the amount. Interest 18% per annum is the agreed rate of interest
and therefore there is no reason to change the same. In view of all
about discussion, I answer points Nos. 1 to 3 in the affirmative and in
answer to point No.4, proceed to pass following order.
O R D E R
1. The suit is decreed with costs.
2. The Defendants are directed to pay jointly and
severally the amount of Rs.98,305.75ps. to the plaintiff
along with interest on the amount of Rs. 80,000/ at the
rate of 18% per annum from the date of institution of the
suit till realisation of the total decreetal amount within
60 days of the date of this order.
3. Court fees be refunded as per the rules and
entitlement.
4. Decree be drawn up accordingly.
5. Summary Suit No.207/2020 stands disposed of
accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 12.10.2021 Gr.Mumbai.
Dictated on: 12.10.2021
Typed on : 22.10.2021
Signed on : 26.10.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
26.10.2021 AT 3.30 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
12.10.2021
Judgment/Order signed by P.O. on 26.10.2021
Judgment/Order uploaded on 26.10.2021
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