Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 330 of 2020 .. J/1 .. Exparte Judgment
MHCC010040192020
Presented on 09-09-2020
Registered on 08-10-2020
Decided on 21-06-2022
Duration Yrs. M. Days
01 09 12
CNR No. MHCC010040192020
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.330 OF 2020
AMRIT NANDLAL TALREJA,
Adult, indian Inhabitant of Bombay, aged
31 years, carrying on bussiness at 34,
Dariya Mahal A, 80, Nepeansea Road,
Mumbai – 400 006. ...Plaintiff.
V/s.
1. XPRO IT INNOVATIONS PVT. LTD.
a Company Registered under the Companies
Act, 1956 carrying on business at Gala No. 116,
1st Floor, Niraj Ind. Estate, Opp. Sun Pharma,
Paper Box Lane, Off Mahakali Caves Road,
Andheri (E), Mumbai – 400 093.
And at
901, Sugee Heights, Dwarkesh Nagar, Nahur
Road, Opp. St. Pius School, Mulund (W),
Mumbai – 400 080.
2. JATIN VINAYKUMAR SHAH,
Adult, Indian Inhabitant of Bombay, age not
known residing and carrying on business at
901, Sugee Heights, Dwarkesh Nagar, Nahur
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Road, Opp. St. Pius School, Mulund (W),
Mumbai – 400 080.
3. BHAVINI JATIN SHAH,
Adult, Indian Inhabitant of Bombay, age not
known residing and carrying on business at
901, Sugee Heights, Dwarkesh Nagar, Nahur
Road, Opp. St. Pius School, Mulund (W),
Mumbai – 400 080.
4. PRADEEPKUMAR CHANDRASHEKHAR
PANDEY,
Adult, Indian Inhabitant of Bombay, age not
known residing and carrying on business at
Building No. 13, CR. No. 2, Nagari Nivara
Parishad, Plot No. 5, Goregaon (East),
Mumbai – 400 065.
And also carrying on business at the address of
Defendant No. 1. ....Defendants.
Appearances:
Ld. Adv. Miss Kavita Lalwani for plaintiff.
None present for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 21st JUNE, 2022.
J U D G M E N T
(Exparte)
1. The present suit is filed for recovery of amount of
Rs.1,06,452/ (Rupees One Lakh Six Thousand Four Hundred and Fifty
Two only) alongwith further interest on the principal amount of Rs.
83,329/ (Rupees Eighty Three Thousand Three Hundred and Twenty
Nine only) at the rate of 18% per annum from the date of suit till its
actual realisation.
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2. The facts in brief are as follows:
The plaintiff is carrying on his business. The defendant
no.1 is a registered company carrying out business in the name and
style of XPRO IT INNOVATIONS PVT LTD. Defendant Nos. 2, 3 and 4
are the acceptors of the demand bill of exchange. On 23.11.2017
defendant No.1 for valuable consideration of Rs.2,00,000/ drew a
demand bill of exchange on defendant Nos.2, 3 and 4, in favour of the
plaintiff. The plaintiff paid the amount of Rs.2,00,000/. On 30.07.2018
the plaintiff presented the demand bill of exchange to all the defendants
but the defendants failed to pay the amount. The defendants made part
payement however the amount of Rs.83,329/ was due. The plaintiff on
several occasions called upon the defendants to pay the sum of
Rs.83,329/ alongwith interest at the rate of 18% per annum but the
defendants on one or other pretext failed to make the payment. On
21.08.2019 and 04.12.2019 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 09.11.2021.
4. The plaintiff filed his claim affidavit vide Exh.4 alongwith
list of documents vide Exh.3. The plaintiff filed the demand bill of
exchange dated 23.11.2017 alongwith office copy of legal notice dated
21.08.2019 & 04.12.2019 with acknowledgement vide Exh.5 to Exh.7.
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.
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The defendant Nos. 2, 3 and 4 also signed the bill of exchange as
acceptors. The defendant Nos.2,3 & 4 also failed to pay the sum of Rs.
83,329/ and thus the defendants dishonoured the Bill of Exchange.
The plaintiff therefore, filed the present suit. The documents at Exh.05
shows that the bill of exchange bears the signatures of defendant
Nos.1,2, 3 and 4. The defendants also received the Notices but they
failed to comply the same. It therefore seems that the defendants are
liable to make the payment.
5. The defendant Nos.1 to 4 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 Nos. 2, 3 and 4. On failure of defendant No.1 to
pay the amount the defendant Nos. 2, 3 and 4 were liable to make the
payment but they 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.330 of 2020 is decreed with costs.
2. Defendant No.1 to 4 shall jointly and severally pay the amount of
Rs.1,06,452/ (Rupees One Lakh Six Thousand Four Hundred
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and Fifty Two Only) to the plaintiff along with interest at the rate
of 9 percent per annum on the principal amount of Rs.83,329/
(Rupees Eighty Three Thousand Three Hundred and Twenty Nine
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)
Dt.: 21062022 City Civil Court, Gr. MUMBAI
Directly typed on : 21062022
checked on : 21062022
Signed on : 21062022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28062022 at 04.58 pm
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge HHJ SMT. R. K.
KSHIRSAGAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 21062022
Judgment/order signed by P.O. on 21062022
Judgment/order uploaded on 28062022
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