Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 58 of 2021 Exparte Judgment
MHCC010030112020
Presented on 09-03-2020
Registered on 02-02-2021
Decided on 09-02-2022
Duration Year Months Days
1 11 0
CNR No. MHCC010030112020
EXH. 09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 58 OF 2021
Simran Gopal Talreja,
Adult, Indian Inhabitant
of Bombay, aged 29 years,
carrying on business at 34,
Dariya Mahal – A, 80,
Nepeansea Road, Mumbai – 400 006. ...Plaintiff.
V/s.
1. XPRO IT INNOVATIONS PVT. LTD.
a Company Registered under the Companies
Act, 1956 carrying on business at Gala No. 116,
1st Floor, Niraj Ind. Estate, Opp. Sun Pharma,
Paper Box Lane, Off Mahakali Caves Road,
Andheri (E), Mumbai – 400 093.
And at
901,Sugee Heights, Dwarkesh Nagar, Nahur
Road, Opp. St. Pius School, Mulund (W),
Mumbai – 400 080.
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Summary Suit 58 of 2021 Exparte Judgment
2. Jatin Vinaykumar Shah,
Adult, Indian Inhabitant of Bombay, age not
known residing and carrying on business at
901, Sugee Heights, Dwarkesh Nagar, Nahur
Road, Opp. St. Pius School, Mulund (W),
Mumbai – 400 080.
3. Bhavini Jatin Shah,
Adult, Indian Inhabitant of Bombay, age not
known residing and carrying on business at
901, Sugee Heights, Dwarkesh Nagar, Nahur
Road, Opp. St. Pius School, Mulund (W),
Mumbai – 400 080.
4. Pradeepkumar Chandrashekhar Pandey,
Adult, Indian Inhabitant of Bombay, age not
known residing and carrying on business at
Building No. 13, CR. No. 2, Nagari Nivara
Parishad, Plot No. 5, Goregaon (East),
Mumbai – 400 065
And also carrying on business at the address of
Defendant No. 1
....Defendants.
Appearances:
Ld. Adv. Miss Kavita Lalwani for plaintiff.
None present for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 9th February, 2022
J U D G M E N T
(Exparte)
1. The present suit is filed for recovery of amount of Rs.
1,28,494/ (Rs. One Lac Twenty Eight Thousand Four Hundred and
Ninety Four only) alongwith further interest on the principal amount of
Rs. 99,996/ (Rs. Ninety Nine Thousand Nine Hundred and Ninety Six
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only) at the rate of 18% per annum from the date of suit till its actual
realisation.
2. The facts in brief are as follows:
The plaintiff is a Registered Company carrying on his
business. The defendant No.1 is a Company Registered carrying out
business in the name and style of XPRO IT INNOVATIONS PVT LTD.
Defendant Nos. 2, 3 and 4 are the acceptors of the demand bill of
exchange. On 23.11.2017 defendant No.1 for valuable consideration of
Rs.2,00,000/ drew a demand bill of exchange on defendant Nos. 2, 3
and 4 in favour of the plaintiff. The plaintiff paid the amount of
Rs.2,00,000/ by way of cheque dated 23.11.2017. The defendants
paid discount by cheque. On 02.07.2018 the plaintiff presented the
demand bill of exchange to all the defendants but the defendants failed
to pay the amount. The plaintiff on several occasions called upon the
defendants to pay the sum of Rs. 99,996/ alongwith interest at the rate
of 18% per annum but the defendants on one or other pretext failed to
make the payment. On 13.08.2019 & 04.12.2019 plaintiff issued legal
notice calling upon the defendants to pay the amount but the defendant
inspite of receipt of Notice failed to pay the amount. The plaintiff
therefore filed the present suit and prayed to decree the suit.
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendants as per
order dated 17.11.2021.
4. The plaintiff filed his claim affidavit vide Exh.3 alongwith
list of documents vide Exh.4. The plaintiff filed the demand bill of
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exchange dated 23.11.2017 alongwith Office copy of legal notice dated
13.08.2019 & 04.12.2019 with acknowledgement vide Exh.6 & Exh.7.
It seems that the present suit is based on the demand bill of exchange
executed by the defendant No.1 in favour of the plaintiff. The
defendant Nos. 2, 3 and 4 also signed the bill of exchange as acceptors.
The defendant No.1 encashed the cheque of Rs. 99,996/ dated
05.08.2019 but thereafter failed to acknowledge the amount. The
defendant Nos.2,3 & 4 also failed to pay the sum of Rs.99,996/ and
thus the defendants dishonoured the Bill of Exchange. The plaintiff
therefore, filed the present suit. The documents at Exh.5 shows that the
bill of exchange bears the signatures of defendant Nos.1, 2, 3 & 4. The
defendants also received the Notices but they failed to comply the same.
It therefore seems that the defendants are liable to make the payment.
5. The defendant Nos.1 to 4 failed to appear before the Court.
They failed to challenge the oral and documentary evidence of plaintiff.
They failed to crossexamine P.W.1. The evidence of plaintiff has
therefore gone unchallenged. The plaintiff proved that a bill of
exchange was drawn by defendant No.1 in favour of plaintiff and it was
accepted by defendant Nos. 2, 3 & 4. On failure of defendant No.1 to
pay the amount the defendant Nos. 2, 3 & 4 were liable to make the
payment but they also failed to pay the same. Hence, plaintiff is
entitled for the decree.
6. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
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Summary Suit 58 of 2021 Exparte Judgment
of 9% per annum will suffice the purpose of justice therefore, I, proceed
to pass the following order:
ORDER
1. The Summary Suit no. 58 of 2021 is decreed with costs.
2. Defendant No.1 to 4 shall jointly and severally pay the amount of
Rs.1,28,494/ (Rupees One Lac Twenty Eighty Thousand Four
Hundred and Ninety Four Only) to the plaintiff along with
interest at the rate of 9 percent per annum on the principal
amount of Rs.99,996/(Rupees Ninety Nine Thousand Nine
Hundred and Ninety Six only) from the date of filing suit till its
actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 09022022 City Civil Court, Gr. MUMBAI
Directly typed on : 09022022
checked on : 10022022
Signed on : 10022022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.02.2022 at 3:05 p.m.
UPLOAD DATE AND TIME (SIDDHESH SHIRKE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
10.02.2022
Judgment/order signed by P.O. on 10.02.2022
Judgment/order uploaded on 10.02.2022
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