Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010039332019
Presented On:-04/04/2019
Registered On :- 03/06/2019
Delivered On :- 01/03/2021
Duration :- Y-01/M-10/D-28
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.566 OF 2019
Exhibit-9
Akshar Ramesh Jain
aged about 33 years,
of Bombay, an adult Indian inhabitant
having his address at 12, Kakad Wadi
Ground Floor, Mogre Building, V. P. Road,
Bombay-400 004 through his Constituted
Attorney Mr. Rameshkumar Babulal Shah ….Plaintiff
Versus
1.Rajesh Sudarshan Chouhan
(Age not known)
an adult Indian inhabitant, working
for gain with Central Railway, Kurla
Mail Coach attendant, Kurla, Mumbai-400 070
and residing at Gaubai Pada, Near Sunil
General Shop, Shanti Nagar,
Ulhasnagar (2), Thane-421 002
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2. Prashant C. Jalgaonkar
(Full name & age not known)
an adult Indian inhabitant, Western
Railway, Lower Parel Workshop,
Delisle Road, Mumbai-400 013 and
residing at 2/94, Safalya, S. B. Pawar Marg,
Curry Road, Mumbai-400 013 ....Defendants
SUIT FOR RECOVERY OF Rs.80,184/-
Appearance:-
Adv. Mr. Dileep Satale for the Plaintiff.
Exparte against defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
JUDGE CITY CIVIL COURT
(C.R. NO.59).
DATE : 01/03/2021
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 defendants are working in Mumbai. For valuable
consideration viz. a sum of Rs. 70,000/- received from the plaintiff on
04/05/2018. Defendant No.1 drew a Bill of Exchange directing thereby
Defendant No.2 to pay on Demand to the plaintiff or order at Bombay a
sum of Rs. 70,000/-. Defendant No.2 accepted the Bill of Exchange and
delivered the same to the plaintiff on the same day. On 04/06/2018
plaintiff presented the Bill of Exchange to the defendant No.2 and
demanded from Defendant No.2 the amounts due thereafter. Defendant
No.2 dishonoured the same by non -payment. Plaintiff thereupon
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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.70,000/-. Defendant No.1 also failed and neglected
to pay the said amount of Rs.70,000/-and/or any part thereof. The
defendants failed to pay to the plaintiff in-spite of demands, reminders
and receipt of the advocate’s letter dated 25/02/2019. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.80,184/-.
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.
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.80,184/-
with interest
@ 12% per annum on
principal amount of
Rs.70,000/-
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.
Exhibit.
No.
Description of documents Date
7 Bill of Exchange 04/05/2018
8 Advocate Letter 25/02/2019
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AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7
and 8 goes to establish that plaintiff has given amount of Rs.70,000/- to
the defendants under bill of exchange of Rs.70,000/-. The documents
further prove that the amount of Rs.70,000/- is due and payable to the
plaintiff from defendants. The defendants have failed to pay the said
amount to the plaintiff. The documents at list Exhibits-7 and 8 goes to
establish that the defendants are liable to pay Rs.80,184/- 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.80,184/- from the
defendants.
7. The plaintiff has claimed 18% per annum on the principle
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 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 principle sum adjudged i.e.
amount of Rs.80,184/-. 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.80,184/- from the defendants and
he is also entitled to recover interest on principal amount of Rs.80,184/-
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5 Sum. Suit No.566/2019
at the rate of 12% 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 jointly and severally shall pay
Rs.80,184/- (Rs. Eighty Thousand One Hundred Eighty
Four Only) to the plaintiff and he shall also pay interest
to the plaintiff on principal amount of Rs.70,000/- at the
rate of 12% per annum from the date of filing of the suit
till its realization.
2. The 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 :01/03/2021 (Smt. S. G. Shaikh)
Judge City Civil Court,
Gr. Bombay
Dictated on :01/03/2021
Typed on :01/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/03/2021 11.00 a.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
01/03/2021
JUDGMENT/ORDER signed by
P.O.on
01/03/2021
JUDGMENT/ORDER uploaded on 02/03/2021
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