Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Suit No.1039/2019
MHCC010032232019 Presented on : 18/03/2019
Registered on : 15/04/2019
Decided on : 28/07/2025
Duration : 06Y : 04M : 12D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXH-19
SUIT NO.1039 OF 2019
M/s. Kesari Tours Pvt. Ltd.,
Having registered office at : 354 Kings Corner,
Lady Jamshedji Road, Mahim Mumbai 400 016.
Through its authorized representative
Mr. Ajitkumar J. Save.
]
]
]
]
] ..Plaintiff
V/s
1.
2.
Mr. Subhash Talwar,
Flat No.F-4, Block No.1, Meera Mansion,
Sion (W), Mumbai 400 022.
Mrs. Madhu Subhash Talwar,
Flat No.F-4, Block No.1, Meera Mansion,
Sion (W), Mumbai 400 022.
]
]
]
]
]
] ..Defendants
Appearance :-
Ld. Adv. Deepak Pandey for plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84.
DATE : 28/07/2025.
J U D G M E N T
1) This suit is filed for recovery of amount.
2) The facts in brief are as under -
Plaintiff company conducts tours in India and abroad. Defendant
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had booked Europe tour with plaintiff for two persons. The tour cost
was Rs.2,09,295/- + EURO 3,740/-. Accordingly, plaintiff raised
invoice on defendants on 30/01/2016. Defendants made payment of
Rs.1,81,095/-. Defendants had to complete payment of EURO 3,740/-.
Defendants were not agreeable with the rate of exchange and handling
charges. Therefore, the tour booking was cancelled by plaintiff
company. Defendants also deposited EURO 3,740/- in their account.
Thereafter, plaintiff company repaid the entire amount deposited by the
defendants. However, on reconciliation of account, it was found that
plaintiff mistakenly made excess payment of Rs.2,91,021/- to
defendant. Therefore, on 27/05/2016, demand notice was sent to
defendants. Defendants did not comply the same. Hence, this Suit.
3) The first writ of summons were served upon the
defendants. Defendants appeared but failed to file their written
statement. Hence, matter proceeded without written statement of
defendants.
4) Heard the argument of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
findings thereon for the reasons as under :
POINTS FINDINGS
1. Whether the plaintiffs are entitled for
recovery of sum of Rs.2,91,021/-
together with interest at the rate of 18%
p.a. on Rs.2,91,021/- from the date of
filing till payment, as claimed ?
Partly in the
affirmative
2. What order ? As per final order.
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R E A S O N S
5) The authorized representative of plaintiff Ajitkumar Jaydeo
Save has filed claim affidavit. Plaintiff has relied upon documentary
evidence produced at Exh-06 to Exh-17.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Ajitkumar Jaydeo Save has deposed that, plaintiff
company conducts tours in India and abroad. Defendant had booked
Europe tour with plaintiff for two persons. The tour cost was
Rs.2,09,295/- + EURO 3,740/-. Accordingly, plaintiff raised invoice on
defendants on 30/01/2016. Defendants made payment of
Rs.1,81,095/-. Defendants had to complete payment of EURO 3,740/-.
Defendants were not agreeable with the rate of exchange and handling
charges. Therefore, the tour booking was cancelled by plaintiff
company. Defendants also deposited EURO 3,740/- in their account.
Thereafter, plaintiff company repaid the entire amount deposited by the
defendants. However, on reconciliation of account, it was found that
plaintiff mistakenly made excess payment of Rs.2,91,021/- to
defendants. Therefore, on 27/05/2016, demand notice was sent to
defendants. Defendants did not comply the same.
7) On perusal of the documents produced by the plaintiff at
Exh.07 colly to Exh.16, it is evident that plaintiff has made excess
payment of Rs.2,91,021/- to the defendants, after cancellation of tour
booking. The demand notice was sent to defendants on 27/05/2016,
which was served through RPAD. However, defendants neither replied
the same nor complied with the demand notice. Defendants have not
contested the suit by filing the written statement. Defendants have not
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conducted the cross-examination of plaintiff’s witness. Therefore, the
case of plaintiff has remained unchallenged. Plaintiff has claimed
interest at the rate of 18% p.a. There is no supporting document to
show that 18% p.a. interest was agreed in case of refund of excess
payment. Plaintiff is seeking refund of excess payment, for which 18%
p.a. interest seems to be excessive. In my considered view, interest at
the rate of 7% p.a. from the date of filing of suit till realization would
meet the ends of justice. Hence, while answering point Nos.1 and 2 in
partly affirmative, I pass the following order :-
ORDER
1. Suit No.1039 of 2019 is partly decreed with costs.
2. Defendants shall pay an amount of Rs.2,91,021/-
(Rupees Two Lakhs Ninety One Thousand Twenty One
Only) to plaintiff with interest at the rate of 7% p.a.
from the date of filing of suit till its realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.84
Dated : 28/07/2025
Dictated and typed on : 28/07/2025.
Signed by HHJ on : 28/07/2025.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Sawant
Name of Stenographer	29/07/2025 05.45 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of JUDGMENT /
ORDER
28/07/2025
JUDGMENT / ORDER signed by P.O. on 28/07/2025
JUDGMENT / ORDER uploaded on 29/07/2025
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