Final Order 1

Order Details: Other
Pdf Text: Sum.S.No.7572018 1
Lodged on 10/07/2018
Decided on 07/07/2022
Duration on 03Ys.11Ms.27Ds
MHCC010085592018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.757 OF 2018
Karan Manohar Dodeja
residing at H/102, Konark Indaryu
Enclave 2, Nibm Road,
Pune 411 048 … Plaintiff
V/s
1. Vistar Metal Industries
Pvt.Ltd. Earlier known as
Shree Vaishnav Wire & Road
Private Limited at 401,402,
403 Coral Classic Coopertive
Society, Road No.20,
Ambedkar Garen,
Chembur(E), Mumbai city,
Mumbai400 071
And at
503, Vyapar Bhavan,
49, P.D.Mello Road,
Varnac Bunder,Mumbai400 009
And at
Vaishnav Sadan,
Bungalow No.2, Vikas
Classique CHS.,
Behind Basant Cinema,
Chembur, Mumbai 400 074
Ant at
Gut No.153 to 161
Wada Shahapur Road,
Village Abitgar (Abarpadali,
Tal.Wada,Dist.Palghar 421 303
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Sum.S.No.7572018 2
Maharashtra
2. Shree Vaishnav Alloys
Pvt.Ltd. A company
carrying on busisness at 401,
402,403 , Coral Classic
CoOp.Socy., Road No.20,
Ambedkar Garden,
Chembur (E),Mumbai City
Mumbai 400 071
And at
503, Vyapar Bhavan,
49, P.D.Mello Road,
Varnac Bunder,Mumbai400 009
And at
Vaishnav Sadan,
Bungalow No.2, Vikas
Classique CHS.,
Behind Basant Cinema,
Chembur, Mumbai 400 074
Ant at
Gut No.153 to 161
Wada Shahapur Road,
Village Abitgar (Abarpadali,
Tal.Wada,Dist.Palghar 421 303
Maharashtra. …. Defendants
Appearance:
Ld.Counsel K.S.Lalwani for plaintiff.
Defendants – Exparte.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 07th July, 2022 C.R.NO.15
JUDGMENT
This is suit for recovery of amount under dishonoured bill
of exchange.
The contention of the plaintiff in brief as follows.
2. The plaintiff, on 27/10/2014 advanced sum of
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Sum.S.No.7572018 3
Rs.5,00,000/ to the defendants by cheque. Defendant no.2 in
favour of the plaintiff for amount of Rs.5,00,000/. The said bill
of exchange was accepted by defendant no.2 for payment. On
3/12/2015, the plaintiff presented bill of exchange to defendant
no.1 for payment. Both the defendants dishonoured bill of
exchange. The plaintiff is seeking to recover the amount of
Rs.5,00,000/ with interest at the rate of 18% p.a.
3. The plaintiff issued notice on 24/5/2016 U/sec.434 of
Companies Act calling upon defendants to pay the amount. Even
then the defendant did not pay the amount. Plaintiff has moved
Company Petition before Hon'ble High Court. In the company
petition, by order dtd.6/7/2018 their Lordship had passed order
that plaintiff will file claim before court. The plaintiff has
therefore, filed this suit for recovery of amount of Rs.5,00,000/
with interest.
4. Writ of summons was issued. Defendant appeared in the
matter. Thereafter, plaintiff filed draft Chamber Summons it was
subsequently registered and served on the defendant. However,
defendant did not file reply. My predecessor by his order
dtd.28/2/2020 was pleased to condone the delay in filing reply
to the Chamber Summons and leave to defend was allowed
subject to payment of cost of Rs.2000/. In the meantime, the
suit was ordered to proceed only against defendant no.2. As the
NCLT had prohibited the continuation of suit against defendant
no.1, the suit proceed against defendant no.2. Defendant no.2
did not pay cost of Rs.2000/. Defendants did not seek leave to
defend Chamber Summons it proceeded uncontested.
5. The plaintiff is relying upon claim affidavit and documents
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Sum.S.No.7572018 4
on record. As the Chamber Summons is uncontested, there is no
impediment in relying upon claim affidavit and documents on
record i.e. bill of exchange Exh8, demand notice Exh9. On the
basis of the same, it is held that defendant no.2 was liable to pay
amount of Rs.5,00,000/ under the bill of exchange Exh8. As
per Negotiable Instrument Act the plaintiff is entitled to recover
interest at the rate of 18% till filing of suit and amount was
advanced to the defendant by cheque. The contractual rate of
interest is on the higher side. Considering the lending rates of
Nationalized Banks it would be appropriate that the plaintiff is
allowed interest at the rate of 9% p.a. on the principal sum. As
there is no leave to defend, Summons for Judgment is made
absolute and following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant no.2 is hereby ordered and directed to pay
an amount of Rs.7,32,500/ to the plaintiff within a
period of two months from today.
3. The defendant no.2 is further directed with interest at the
rate of 9% p.a. on Rs.5,00,000/from the date of suit till
realization.
4. Summons for Judgment No.50 of 2019 is made absolute.
5. Decree be drawn up accordingly.
6. Court fee be refunded as per Bombay City Civil Court
Rule.
Date : 07/07/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 07/07/2022
Transcribed on : 08/07/2022
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Sum.S.No.7572018 5
HHJ Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08/07/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
07/07/2022
JUDGMENT/ORDER signed by P.O.
on
08/07/2022
JUDGMENT/ORDER uploaded on 08/07/2022
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