Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 09 of 2021 .. J/1 .. Exparte Judgment
MHCC010037142020
Presented on 29-07-2020
Registered on 05-01-2021
Decided on 11-04-2023
Duration Yrs. M. Days
02 08 13
CNR No. MHCC010037142020
EXH.13
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.09 OF 2021
AMBALAL RIKHABCHANDJI JAIN
of Mumbai, an adut Indian inhabitant, carrying
on business of Money Lending as a Sole
Proprietor in the name And style of Ritik
Creation at and from Room No.20, Ground
Floor, Gulam Mohmad Building, Navroji Hill
Road, No.7, Dongri, Mumbai 400 009. ...Plaintiff.
V/s.
1. ANANT SHANKAR GURAV
Age not known of Mumbai an adult Indian,
inhabitant working for gain BMC, 'B' Ward,
121, Ramchandra Bhatt Marg, Opp J. J.
Hospital Mumbai 400009.
EMP Code : 1674507 residing at Shankeshwar
Nagar, Siddhi Apartment Ground Floor, Flat
No.3, Behind Sai Mandir, Achole Road,
Nalasopara (E), Dist. Thane.
2. GUNAJI YASHVANT SUTAR
Age not known of Mumbai an adult Indian
Inhabitant working for gain with B.M.C.
D Ward, Jobanputra Compound, Grant Road,
Mumbai 400 007.
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and residing at Meman Chawl No.6, Malpa
Dongar No.3, Mahakali Road, Behind Paper Box
Company, Andheri (E), Mumbai 400 097. ..Defendants
Appearances:
Ld. Adv. Ramesh Jain for plaintiff.
None present for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
(Incharge of C.R.No.15)
DATED : 11th APRIL, 2023.
J U D G M E N T
(Exparte)
1. The present suit is filed for recovery of amount of
Rs.1,19,215.34/(Rupees One Lakh Nineteen Thousand Two Hundred
Fifteen and Thirty Four Paise only) alongwith further interest on the
principal amount of Rs.80,000/(Rupees Eighty Thousand 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 an adult, Indian Inhabitant residing
at Mumbai. Defendant No.1 is working for gain with BMC. Defendant
No.1 drew a bill of exchange for a sum of Rs.80,000/ taken from
plaintiff. Defendant No. 2 is the acceptor of the demand bill of
exchange. On 25.09.2017 defendant No.1 for valuable consideration of
Rs.80,000/ drew a demand bill of exchange on defendant No. 2 in
favour of the plaintiff. The plaintiff paid the amount of Rs.80,000/ on
25.10.2017 the plaintiff presented the demand bill of exchange to both
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.80,000/ alongwith interest at the rate of 18% per annum but the
defendants on one or other pretext failed to make the payment. On
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02.12.2019 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 11.04.2022.
4. The plaintiff filed his claim affidavit vide Exh.12 alongwith
list of documents vide Exh.06. The plaintiff filed the demand bill of
exchange dated 25.09.2017 alongwith office copy of legal notice dated
02.12.2019 with acknowledgement vide Exh.07 & Exh.08. 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 No.2 also
signed the bill of exchange as acceptor. The defendant No.1 obtained
the amount of Rs.80,000/ on 25.09.2017 but thereafter failed to
acknowledge the amount. The defendant No.2 also failed to pay the
sum of Rs.80,000/ and thus the defendants dishonoured the Bill of
Exchange. The plaintiff therefore, filed the present suit. The documents
at Exh.06 shows that the bill of exchange bears the signatures of
defendant Nos. 1 and 2. The defendants also received the Notice but
they failed to comply the same. It therefore seems that the defendants
are liable to make the payment.
5. The defendant Nos.1 and 2 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 No.2. On failure of defendant No.1 to pay the
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amount the defendant No. 2 was liable to make the payment but he
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
of 9% per annum will suffice the purpose of justice therefore, I, proceed
to pass the following order:
ORDER
1. The Summary Suit no.09 of 2021 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay the amount
of Rs.1,19,215,34/(Rupees One Lakh Nineteen Thousand Two
Hundred Fifteen and Thirty Four Paise only) to the plaintiff along
with interest at the rate of 9 percent per annum on the principal
amount of Rs.80,000/(Rupees Eighty Thousand 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)
(Incharge of C.R.No.15)
Dt.: 11042023 City Civil Court, Gr. MUMBAI
Directly typed on : 11042023
checked on : 11042023
Signed on : 11042023 ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
(Incharge of C.R.No.15)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.04.2023 at 03.55 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
11.04.2023
Judgment/order signed by P.O. on 11.04.2023
Judgment/order uploaded on 13.04.2023
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