Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010035522019
Filed on :27.03.2019
Registered On :24.04.2019
Decided on :18/03/2021
Duration :Y-02/M-11/D-23
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.500 OF 2019
Exhibit-9
Rajesh Chandrakant Jain
Prop.of (Siaan International)
Age.34 Years, Indian Inhabitant,
Occupation-Business,
Office at:- Mahadev Bldg, Off. No.202B,
2nd floor, Above ICICI Bank, Kalbadevi Road,
Mumbai-400002,
Mob No.9769887833 ….Plaintiff
Vs.
1. Jyoti Vishnu Kalal
Age-38 years, Indian Inhabitant,
Occupation-Business,
Add- C/701. Sonam Ganga Bldg,
New Golden Nest Phase-14,
Bhayendar(East), Thane-401101
2.Vishnu Kalal
Age-40 years, Indian Inhabitant,
Occupation- Business
Add- C/701. Sonam Ganga Bldg,
New Golden Nest Phase-14,
Bhayendar(East), Thane-401101 ....Defendants
SUIT FOR RECOVERY OF Rs.1,69,964/-
Appearance:-
Adv. Mr. Vinay Mishra for the Plaintiff.
Exparte against Defendants.
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CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 18/03/2021
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 :-
The plaintiff is carrying on business of selling and
purchasing gold and silver jewellary. The plaintiff knows very well to
the defendant nos.1 and 2. Both defendants are engaged in business for
selling and purchasing gold and silver jewellary. The defendants
purchase assorted silver jewellary from the plaintiff on dated
02/02/2018 vide invoice no.1090 of Rs.3,61,288/- with vat. The
defendants again purchase assorted silver jewellary from the plaintiff on
dated 18/07/2018 vide invoice no.1130 of Rs.2,07,482/- with vat.
Defendants made part payment of Rs.3,45,000/-. The defendants failed
to pay outstanding amount of Rs.1,45,770/-. The defendant failed to
pay to the plaintiff inspite of demands, reminders. The plaintiff has sent
legal notice dated 23.03.2019, but defendants failed to pay to the
plaintiff. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.1,69,964/-.
3. The suit summons were duly served on the defendants
but they failed to appear. Hence, suit is posted for judgment as per
order XXXVII Rule 2 (3) of Code of Civil Procedure 1908.
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3 Sum. Suit No.500/2019
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.1,69,964/- with
interest
@ 24% per annum on
principal amount of
Rs.1,45,770/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. Mr. Rajesh Chandrakant Jain filed Affidavit in support of
his claim Exhibit-7. In order to prove the case of the plaintiff
produced following documentary evidence.
Exhibit.
No.
Description of documents Date
8/1 Invoice/bill 02.02.218
8/2 Invoice/bill 18.07.2018
8/3 Ledger account 01/04/2018
8/4 Notice 11/03/2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-8/1
to 8/4 goes to establish that plaintiff had given jewellary to the
defendants. The documents further prove that the amount of
Rs.1,45,770/- is due and payable to the plaintiff from defendants. The
defendant has failed to repay the said amount to the plaintiff. The
documents at list Exhibits-8/1 to 8/4 goes to establish that the
defendant is liable to pay Rs.1,69,964/- to the plaintiff on the date of
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filing of the suit towards the said amount and therefore, the defendants
have failed to repay his amount to the plaintiff. In this background, it is
held that plaintiff is entitled to recover sum of Rs.1,69,964/- from the
defendants.
7. The plaintiff has claimed 24% 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 no contract pertaining to the same between the parties. In
the present case, the transaction is commercial one and there is
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a commercial one and rate
of interest @ 24% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.1,69,964/- . 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.1,69,964/- from the defendants
with interest on principal amount of Rs.1,45,770/- at the rate of 24%
per annum from the date of filing of the suit till its realization. Plaintiff
is also entitled to recover 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 shall pay Rs.1,69,964/-(Rs. One Lakh
Sixty Nine Thousand Nine Hundred Sixty Four Only) to
the plaintiff with interest on principal amount of
Rs.1,45,770/- at the rate of 24% per annum from the
date of filing of the suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
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3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date : 18/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :18/03/2021
Typed on :18/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/03/2021 05.00 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.59)
Date of Pronouncement of
JUDGMENT/ORDER
18/03/2021
JUDGMENT/ORDER signed by
P.O.on
18/03/2021
JUDGMENT/ORDER uploaded on 18/03/2021
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