Final Order 1

Order Details: Copy of Judgment
Pdf Text: Su.S.No.552021 1
Lodged on 09/03/2020
Decided on 04/07/2022
Duration on 02Ys.03Ms.25Ds.
MHCC010030262020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.55 OF 2021
Meena Kanayalal Talreja
aged 63 years, carrying on
business at 34, Dariya Mahal
A,80, Nepeansea Road,
Mumbai 400 006 …Plaintiff
V/s
1. Xpro IT Innovations Pvt.Ltd.
Carrying on business at
Gala No.116,1st floor,
Niraj Ind. Estate, Opp.Sun
Pharma, Paper Box Lane,
Off.Mahakali Caves Road,
Andheri(E), Mumbai400 093
And at
901, Sugee Heights,
Swarkesh nagar, Nahur
Road, Opp.St.Pius
School, Mulund(W),
Mumbai400 080
2. Jatin Vinaykumar Shah,
carrying on business at
901, Sugee Heights,
Swarkesh nagar, Nahur
Road, Opp.St.Pius
School, Mulund(W),
Mumbai400 080
3. Bhavini Jatin Shah
901, Sugee Heights,
Swarkesh nagar, Nahur
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Su.S.No.552021 2
Road, Opp.St.Pius
School, Mulund(W),
Mumbai400 080
4. Pradeepkumar
residing and carrying on
business at Building No.13,
CR No.2, Nagari Nivara
Parishad, Plot No.5,
Goregaon(E),Mumbai 400 065
and also carrying on business
at the address of defendant no.1 ...Defendants
Appearance:
Ld.Counsel K.S.Lalwani for plaintiff.
DefendatExparte.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 04th July, 2022 C.R.NO.15
JUDGMENT
This is Summary suit for recovery of amount of
Rs.2,00,000/ under dishonoured bill of exchange.
Facts in brief are as follows.
2. The contention of the plaintiff is that on 23/11/2017, the
defendant no.1 that valuable consideration bill of exchange on
defendant nos.2,3 and 4 in favour of the plaintiff sum of
Rs.2,00,000/. On the same day the plaintiff had advanced by
cheque of amount of Rs.2,00,000/ to the defendants. Out of
the said amount the defendant have repaid sum of
Rs.1,16,671/. An amount of Rs.83,329/ by remains. The
defendant promised to pay the amount within a short time. On
30/7/2018 the bill of exchange was presented for payment and
the same was dishonoured. Thereafter, the defendant handed
over cheque dtd.5/8/2019 for sum of Rs.83,329/ towards
discharge of the liability under dishonoured bill of exchange.
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Su.S.No.552021 3
Even that cheque was dishonoured. Hence, suit is filed for
recovery of amount alongwith interest.
3. As per order dtd.30/9/2021 the suit was ordered to
proceed exparte for account of failure of the defendants to
attend court despite service of notice.
4. The plaintiff is relying upon her claim affidavit and
following documents. Demand Bill of Exchange dtd.23.11.2017
Exh8, Copy of plaintiff's Advocate's letter dtd.21/8/2019
alongwith acknowledgements Exh9.
5. As the defendants failed to appear despite service of
summons, the suit is proceeded exparte. The averments and
contention of claim affidavit which are supported by documents
on record have gone unchallenged. There is no impediment in
relying upon the same.
6. The plaintiff has proved that the defendant no.1 promised
to pay an amount of Rs.2,00,000/ to the plaintiff on demand.
Exh9 is demand notice by which the defendant were called
upon to pay balance amount of Rs.83,329/ with interest till the
date of suit and further interest at the rate of 9% p.a. from the
date of suit till realization of amount. Defendant failed to pay
that amount. 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. Hence, following order is
passed.
ORDER
1. Suit is decreed with costs.
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Su.S.No.552021 4
2. The defendant is hereby ordered and directed to pay an
amount of Rs.1,06,452/ to the plaintiff.
3. The plaintiff is entitled to recover an amount with interest
at the rate of 9% p.a. on Rs.83,329/ from the date of
filing of suit till realization.
4. Decree be drawn up accordingly.
5. Court fee be refunded as per Bombay City Civil Court
Rule.
Date : 04/07/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 04/07/2022
Transcribed on : 06/07/2022
HHJ Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/07/2022 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
04/07/2022
JUDGMENT/ORDER signed by P.O.
on
06/07/2022
JUDGMENT/ORDER uploaded on 06/07/2022
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