Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Summary Suit No.267 of 2018
Filed on : 28.02.2018
Registered on : 28.02.2018
Decided on : 19.10.2019
Duration : Year 01 Month07 Days20
Exh23
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.267 OF 2018
(CNR NO. MH CC010029812018)
Yogesh Sudam Gamre
Age : 36 years, Occupation : Service
of Mumbai, Indian Inhabitant
Proprietor of Yogi Travels
R/at : Plot No.42/A, Lumbini Baug,
Near Hanuman Mandir,
Opposite Vashinaka Mahila Mandal,
Govandi (W),
Mumbai400 043. ….Plaintiff
V/s.
Harshad Subhash Jadahv
Age : 25 years, Occupation: Driving
of Mumbai, Indian Inhabitant,
R/at : Telecom Colony,
Building No. B15, Ground Floor,
Room No.241, Type2, Deonar,
Mmbai400 088 .... Defendant
Appearance:
Ms. Shama Taneja, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 19 th October, 2019.
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2 Summary Suit No.267 of 2018
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is suit for recovery of Rs.2,39,850/ alongwith interest
at the rate of 21% per annum.
2. Plaintiff has come up with the case that defendant is his
relative. Plaintiff is lawful owner of a Car L.M.V SKODA RAPID vide
registration No. MH03BC4091 since 20 March, 2015. Plaintiff has
purchased the said Car on loan which was sanctioned by the Bank of
India and he is paying the monthly installments / EMI of Rs.20,112/.
Defendant was not employed and on his request, plaintiff gave said car
to him for the use of Tourist Car as per the agreement to pay monthly
installment of the said car alongwith the statutory Tax and obtain
insurance of the said car at his cost. The physical possession of the said
car was given to the defendant in the month of March, 2016. However,
the defendant was constantly late in making the payment of the monthly
EMI's of the Car. Inspite of repeated requests, defendant failed and
neglected to pay the EMI for nine months to the plaintiff and for the due
amount of Rs.1,80,000/ defendant issued two cheques bearing No.
028835 and 028834 dated 28.02.2017 drawn on Punjab National Bank,
Ghatkopar (E), Branch, Mumbai400 077 of Rs.80,000/ and
Rs.1,80,000/ respectively. Both the cheques were dishonoured when
presented for encashment for the reason “FUNDS INSUFFICIENT”.
Notice dated 14.08.2017 and 23.08.2017 was issued by the plaintiff to
the defendant calling upon him to make the payment of Rs.1,80,000/
but replied the said notice under the false pretext that he paid friendly
loan of Rs.3,30,000/ to plaintiff in JanuaryFebruary 2016. Hence the
suit is filed.
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3 Summary Suit No.267 of 2018
3. Defendant is duly served with Writ of Summons. He failed
to appear, therefore suit proceeded exparte against him.
4. Considering the oral and documentary evidence on record,
following points arise for determination and I have given findings against
each of them for the reasons stated below.
Sr.
No.
POINTS FINDINGS.
1. Whether plaintiff is entitled
to recover an amount of
Rs.2,39,850/ alongwith
interest @ 21% per annum ?
Partly Yes
2. What Order ? As per final
order.
REASONS
AS TO POINT NO.1
5. In order to substantiate his claim, plaintiff has relied on the
Affidavit of ExaminationinChief at Exh2. He has relied on Original
letter dated 10.03.2015, Original Purchase/Tax Invoice for
Rs.9,77,288/, Original Debit Note for Rs.34,000/, Original Insurance
Cover Note dated 19.03.2015, Delivery acknowledgment Note dated
20.03.2015, Original letter dated 21.03.2015, Original registration
certificate of the car, Original Bank statement/passbooks, Original
cheque No.028835 dated 28.02.2017, Original cheque No.028834 dated
28.02.2017, Original Memo of dishonour dated 03.04.2017, Original
Memo of dishonour dated 03.03.2017, Original certificate of fitness
dated 06.06.2017, Original receipt for payment of tax and penalty dated
06.06.2017, Office copy of notice dated 14.08.2017, Original letter dated
23.08.2017 at Exh4 to 19.
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4 Summary Suit No.267 of 2018
6. The evidence of plaintiff alongwith original documents on
record discloses that two cheques bearing Nos. 028835 and 028834
dated 28.02.2017 of Rs.80,000/ and Rs.1,80,000/ respectively were
issued by the defendant for payment of EMI for nine months of the Car
owned by plaintiff. The said cheques were dishonoured for the reason
“FUNDS INSUFFICIENT”. The evidence on record further discloses that
as the defendant failed to make the payment of the said cheques, notice
dated 14.08.2017 and 23.08.2017 were issued to the defendant but he
falsely replied the same under the pretext that friendly loan of
Rs.3,30,000/ was given to the plaintiff. Defendant failed to appear in
the suit and contest the claim raised by the plaintiff. Therefore, the
evidence of plaintiff coupled with original documents remained
unchallenged.
7. The plaintiff has claimed interest @ 21% p.a. However, as
per the Section80 of Negotiable Instrument Act, 1881 plaintiff is entitled
to claim interest @ 18%. Therefore, plaintiff is entitled to recover an
amount of Rs.2,39,850/ alongwith interest @ 18% p.a. from the date of
filing of the suit till its realization. Accordingly, I answer point no.1 in
affirmative.
AS TO POINT NO.2
8. In view of forgoing discussion, it has come on record that the
plaintiff is entitled to recover an amount of Rs.2,39,850/ alongwith
interest at the rate of 18% p.a. from the date of filing of suit till its
realization from the defendant. Therefore, for the answer of point no.2, I
pass following order.
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5 Summary Suit No.267 of 2018
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay the plaintiff sum of Rs.2,39,850/
(Rs. Two Lakhs Thirty Nine Thousand Eight Hundred Fifty Only)
alongwith interest at the rate of 18% p.a. from the date of filing of suit
till the realization of decretal amount.
3. Decree be drawn up accordingly.
4. Court fee, if any, be refunded as per the rules.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 19/10/2019
Dictated on : 19.10.2019
Transcribed on : 23.10.2019
Signed on : 24.10.2019
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6 Summary Suit No.267 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
24.10.2019 4.55 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 19.10.2019
Order signed by P.O. on 24.10.2019
Order uploaded on 24.10.2019
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