Interim Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010032812020
Presented On :-17.03.2020
Registered On :-17.10.2020
Delivered On :- 11/08/2021
Duration :- Y-01/M-04/D-26
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 382 OF 2020
Exhibit-7
Prakash Sunkappa Jadhav Age 26 years
of Mumbai, an adult Indian
inhabitant, having his address at Gulmohmmad
Chawl, Dharavi Cross road, Near Narayan medical
Mumbai-400 017 ….Plaintiff
..Versus..
1. Uddhav Dajiram Suwar
age not known of Mumbai an adult Indian inhabitant
working for gain with Maharastra State Power
Generation Co. Ltd External Battery Compound,
Prakashgad, Bandra (East), Mumbai-4000 051
Employs ID-8386 CPF No. : 02294788 (Designation
-UDC)Department- CPI)
2.Dhuraiswamy Dharmaseelam
age and full name not known of Mumbai an adult,
Indian inhabitant working for gain with B.M.C. Office,
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2 Sum. Suit No.382/2020
H/Ward , Sant Martis Road, Bandra (W),
Mumbai-400 050. ....Defendants
SUIT FOR RECOVERY OF Rs.2,78,254.79ps
Appearance:-
Adv. Mr. Ramesh Jain for the Plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI, (C.R. NO.61).
DATE : 11/08/2021
J U D G M E N T
1. This is a summary suit under order XXXVII of Code of
Civil Procedure 1908.
2. The facts of the suit are summarized as under :-
On 10.01.2020 the defendant No.1 for valuable
consideration viz. Rs.2,75,000/- received from plaintiff, drew a bill of
exchange directing thereby, defendant no.2 to pay to the plaintiff or
Order at Mumbai a sum of Rs.2,75,000/- on Demand. Defendant No.2
accepted the Bill of Exchange and delivered the same to the plaintiff. On
10/01/2020 plaintiff presented the Bill of Exchange to the defendant
No.2 and demanded from Defendant No.2 the amounts of
Rs.2,75,000/-. Defendant No.2 dishonoured the same by non -payment.
Plaintiff thereupon immediately, informed defendant No.1 about the
dishonour of the Bill of Exchange by defendant No.2 and demanded
from defendant No.1 the said amount of Rs.2,75,000/-. Defendant No.1
also failed and neglected to pay the said amount of Rs.2,75,000/-
and/or any part thereof. The defendants failed to pay to the plaintiff in-
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3 Sum. Suit No.382/2020
spite of demands, reminders and receipt of the advocate’s letter dated
22/01/2020. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.2,78,254.79 ps.
3. The suit summons were duly served on the defendant---s
but they failed to appear. Hence, suit is posted for judgment as per
order XXXVII Rule 2 (3) of Code of Civil Procedure 1908.
4. The following points arise for my determination and my
findings there on are as under for the reasons stated there under :-
POINTS FINDINGS
1 What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.2,78,254.79 ps.
with interest
@ 12% per annum on
principal amount of
Rs.2,75,000/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
documentary evidence Exh.6.
Sr.
No.
Description of documents Date
1 Bill of Exchange 10.01.2020
2 Advocate Letter 22.02.2020
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4 Sum. Suit No.382/2020
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No.1 and
2 goes to establish that plaintiff has given amount of Rs.2,75,000/- to
the defendants under bill of exchange of Rs.2,75,000/-. The documents
further proves that the amount of Rs.2,78,254.79 ps. is due and payable
to the plaintiff from defendants. The defendants have failed to pay the
said amount to the plaintiff. The documents at Sr. No.1 and 2 goes to
establish that the defendants are liable to pay Rs.2,78,254.79 ps. to the
plaintiff on the date of filing of the suit. In this background, it is held
that plaintiff is entitled to recover sum of Rs.2,78,254.79 ps. from the
defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceeds 6% per annum, if the transaction is commercial
and there is contract pertaining to the same between the parties. In the
present case, the transaction is commercial one and there is no such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest @ 12% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.2,78,254.79 ps. Hence, point No.1 is answered in the
affirmative.
AS TO POINT NO.2 :
8. In view of discussion and finding on point No.1, it is held
that plaintiff is entitled to recover Rs.2,78,254.79ps. from the
defendants and they are also entitled to recover interest on principal
amount of Rs.2,75,000/- at the rate of 12% per annum from the date of
filing of the suit till its realization. Plaintiff is also entitled to recover
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5 Sum. Suit No.382/2020
cost of the suit from defendants. Hence, in answered to point No.2, I
proceed to pass the following order.
O R D E R
1. The defendants jointly and severally shall pay Rs.2,78,254.79 ps.
(Rs. Two Lakhs Seventy Eight Thousand Two Hundred Fifty
Four and Seventy Nine Paise only) to the plaintiff and interest on
principal amount of Rs.2,75,000/- at the rate of 12% per annum
from the date of filing of the suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date :11/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :11/08/2021
Typed on :11/08/2021
Signed on :
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6 Sum. Suit No.382/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/08/2021 03.00 p.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
11/08/2021
JUDGMENT/ORDER signed by
P.O.on
11/08/2021
JUDGMENT/ORDER uploaded on 11/08/2021
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