Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Sum. Suit No. 389 of 2019
Filed on : 28.02.2019.
Registered on : 11.03.2019.
Decided on : 10.02.2020.
Duration : Yr-00 Mth-11 Ds-01
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 389 OF 2019
(CNR NO.MHCC01-002345-2019)
Exhibit-11
M/s Otarmal Kantilal & Co.
A registered partnership frm arrring on
business at Shop No.8, Kalran Building No.2,
Sadashiv Cross Lane, Kandewadi,
Bombar – 400 004,
Through its partner Mr. Parasmal Otarmal
Jain, Aged about 64 rears. ….Plaintif
Versus
1. Gangaram Pandurang Barve,
Age : Adult.
Working for gain with Alok Industries Ltd.,
Plot No.C 16/2, TTC Industrial Area,
Pawane MIDC, Emp. Code No.302518,
Pawane, Navi Mumbai – 410 701.
And
Residing at : Room No.B-402,
Gaurihar Complex, Se tor No.9,
Kamothe, Navi Mumbai – 410 209.
2. Vitthal Jagannath Adagale,
Age : Adult,
Working for gain with I.G. Mint,
Annulling Deptt., T. No.3701,
S.B. Road, Fort, Mumbai – 400 023.
And
Residing at :
Plot No.C 16/2, TTC Industrial Area,
Pawane MIDC, Emp. Code No.302518,
Pawane, Navi Mumbai – 410 701.
And
Residing at : Room No.403,
Gangadhar Tower, 4th floor, Se tor No.9,
Kamothe, Navi Mumbai. ... Defendants
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Judgment 2 Sum. Suit No. 389 of 2019
SUIT FOR RECOVERY OF RS.60,673/-
Appearance:-
Mr. Dileep Satale, Advocate for the Plaintif.
Exparte against Defendant.
CORAM :-HER HONOUR JUDGE
SABIHA. G. SHAIKH
(C.R.NO.59)
DATE :- 10th February, 2020.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summarr suit under order XXXVII of Code of
Civil Pro edure 1908.
The fa ts of the ase are as under :
2. The defendant No.1 for valuable onsideration due to bill
of ex hange of Rs.40,000/- dated 14.03.2016 re eived from
plaintif, on the demand of defendant No.2 and in favour of
plaintif. The said bill of ex hange were a epted br the
defendant No.2 for parment. The defendants failed to par the
abovesaid amount and the said Bill of Ex hange was
dishonoured. Hen e, plaintif is onstrained to fle the suit for
re overr of the said amount. The total suit laim of the
plaintif for Rs.60,673/-.
3. The suit summons were dulr served on the defendant
but he failed to appear. Hen e, suit is posted for judgment as
per order XXXVII Rule 2(3) of Code of Civil Pro edure 1908
judgment.
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Judgment 3 Sum. Suit No. 389 of 2019
4. The following points arise for mr determination and mr
fndings thereon are as under for the reasons stated there
under:-
Sr.
No.
POINTS FINDINGS.
1. What is due and parable from
the defendants to the plaintif ?
A] If res, what would be the
rate of interest?
Amount of
Rs.40,000/- with
interest
@ 10 % per
annum.
2. What order and de ree? As per fnal order.
REASONS
5. In order to prove the ase of the plaintif fled following
do umentarr eviden e.
Exhibit.
No.
Description of documents Date
8 Extra t of the Registration of
the plaintiffs frm with the
Registrar of frm
--
9 Bill of Ex hange 14.03.2016
10 Plaintiffs advo atefs letter 11.02.2019
AS TO POINT NO.1:
6. All the do uments produ ed br the plaintif at list
Exhibit-8 to 10 go to establish that plaintif has given total
amount of Rs.40,000/- to the defendants under bill of
ex hange of Rs.40,000/-. The do uments further prove that
the amount of Rs.40,000/- is due and parable to the plaintif
from defendants. But, defendants failed to par total amount of
Rs.40,000/-. The do uments at Exhibit-8 to 10 go to establish
that defendant is liable to par Rs.40,000/- to the plaintif on
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Judgment 4 Sum. Suit No. 389 of 2019
the date of fling of the suit. In this ba kground, it is held that
plaintif is entitle to re over sum of Rs. 40,000/- from the
defendants.
7. The plaintif has laimed 18% per annum on the prin ipal
amount. As per se tion 34 of the Code of Civil Pro edure the
rate of interest mar ex eed 6% per annum, if the transa tion
is ommer ial and there is no ontra t pertaining to the same
between the parties. In the present ase the transa tion is a
ommer ial one and there is no express ontra t existing
between the parties as to the rate of interest whi h shall be
levied. Therefore, the transa tion is being ommer ial
transa tion be rate of interest at the rate of 10% per annum
would be just and proper to be awarded on the prin ipal sum
adjudged i.e. amount of Rs.40,000/-. Hen e, point no.1 is
answered in the afrmative.
AS TO POINT NO.2:
8. In view of dis ussion and fnding on point no.1 it is held
that the plaintif is entitled to re over Rs.40,000/- from the
defendants with interest at the rate of Rs.10% per annum
from the date of fling of the suit till its realization. Plaintif is
also entitled to re over ost of the suit from the defendants.
Hen e, in answered to point no.2, I pro eed to pass the
following order :
: ORDER:
1. The defendants No.1 & 2 shall jointlr and
severallr par Rs.40,000/- (Rs.Fortr Thousand
Onlr) to the plaintif with interest at the rate of
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Judgment 5 Sum. Suit No. 389 of 2019
10% per annum from the date of fling of the
suit till its realization.
2. Defendants do par osts of the suit to the
plaintif.
3. De ree be drawn a ordinglr.
4. Court fee, if anr, be refunded as per the rules.
(Smt. S. G. Shaikh)
Ad-ho Judge
Citr Civil Court, Gr. Bombar
Date : 10.02.2020.
Trped on : 10.02.2020.
Des ribed on : 10.02.2020.
Signed on : 10.02.2020.
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Judgment 6 Sum. Suit No. 389 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
10.02.2020 5.45 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 10.02.2020
Order signed by P.O. on 10.02.2020
Order uploaded on 10.02.2020
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