Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Sum. Suit No. 526 of 2019
Filed on : 09.04.2019
Registered on : 02.05.2019
Decided on : 11.02.2020.
Duration : Yr-00 Mth-09 Ds-11
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 526 OF 2019
(CNR NO.MHCC01-004239-2019)
Exhibit-11
M/s Otarmal Kantilal & Co.
A registered partnership frm carrring on
business at Shop No.8, Kalran Building No.2,
Sadashiv Cross Lane, Kandewadi,
Bombar – 400 004,
Through its partner Mr. Parasmal Otarmal
Jain, Aged about 64 rears. ….Plaintif
Versus
1. Samir Vasant Lavekar.
Age : Adult.
Working for gain with BEST Dadar Workshop,
Stores Department, Ch. No.410302,
Par Slip No.5104, Ddar T.T., Gate No.4,
Dadar, Mumbai-400 014.
And
Residing at : J-1, BEST Workers Colonr,
Santacruz (W), Mumbai – 400 054.
2. Avinash Shivaji Waidande,
Age : Adult,
Working for gain with BEST Wadala Depot,
P.S. No.449-02, Ch.No.409559,
Enforcement & Training Department,
(N) Wadala, Mumbai-400 031.
And
Residing at : B-81, BEST Quarters,
5th floor, Rajkkamal Studio Marg,
Parel, Mumbai – 400 012. ... Defendants
SUIT FOR RECOVERY OF RS.59,805/-
Appearance:-
Mr. Dileep Satale, Advocate for the Plaintif.
Exparte against Defendant.
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Judgment 2 Sum. Suit No. 526 of 2019
CORAM :-HER HONOUR JUDGE
SABIHA. G. SHAIKH
(C.R.NO.59)
DATE :- 11th February, 2020.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summarr suit under order XXXVII of Code of
Civil Procedure 1908.
The facts of the case are as under :
2. The defendant No.1 for valuable consideration due to bill
of exchange of Rs.40,000/- dated 26.05.2016 received from
plaintif, on the demand of defendant No.2 and in favour of
plaintif. The said bill of exchange were accepted br the
defendant No.2 for parment. The defendants failed to par the
abovesaid amount and the said Bill of Exchange was
dishonoured. Hence, plaintif is constrained to fle the suit for
recoverr of the said amount. The total suit claim of the
plaintif for Rs.59,805/-.
3. The suit summons were dulr served on the defendant
but he failed to appear. Hence, suit is posted for jkudgment as
per order XXXVII Rule 2(3) of Code of Civil Procedure 1908
jkudgment.
4. The following points arise for mr determination and mr
fndings thereon are as under for the reasons stated there
under:-
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Judgment 3 Sum. Suit No. 526 of 2019
Sr.
No.
POINTS FINDINGS.
1. What is due and parable from
the defendants to the plaintif ?
A] If res, what would be the
rate of interest?
Amount of
Rs.40,000/- with
interest
@ 10 % per
annum.
2. What order and decree? As per fnal order.
REASONS
5. In order to prove the case of the plaintif fled following
documentarr evidence.
Exhibit.
No.
Description of documents Date
8 Extract of the Registration of
the plaintiffs frm with the
Registrar of frm
--
9 Bill of Exchange 26.05.2016
10 Plaintiffs advocatefs letter 11.02.2019
AS TO POINT NO.1:
6. All the documents produced br the plaintif at list
Exhibit-8 to 10 go to establish that plaintif has given total
amount of Rs.40,000/- to the defendants under bill of
exchange of Rs.40,000/-. The documents further prove that
the amount of Rs.40,000/- is due and parable to the plaintif
from defendants. But, defendants failed to par total amount of
Rs.40,000/-. The documents at Exhibit-8 to 10 go to establish
that defendant is liable to par Rs.40,000/- to the plaintif on
the date of fling of the suit. In this background, it is held that
plaintif is entitle to recover sum of Rs. 40,000/- from the
defendants.
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Judgment 4 Sum. Suit No. 526 of 2019
7. The plaintif has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the
rate of interest mar exceed 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 a
commercial one and there is no express contract existing
between the parties as to the rate of interest which shall be
levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum
would be jkust and proper to be awarded on the principal sum
adjkudged i.e. amount of Rs.40,000/-. Hence, point no.1 is
answered in the afrmative.
AS TO POINT NO.2:
8. In view of discussion and fnding on point no.1 it is held
that the plaintif is entitled to recover Rs.40,000/- from the
defendants with interest at the rate of Rs.10% per annum
from the date of fling of the suit till its realization. Plaintif is
also entitled to recover cost of the suit from the defendants.
Hence, in answered to point no.2, I proceed to pass the
following order :
: ORDER:
1. The defendants No.1 & 2 shall jkointlr and
severallr par Rs.40,000/- (Rs.Fortr Thousand
Onlr) to the plaintif with interest at the rate of
10% per annum from the date of fling of the
suit till its realization.
2. Defendants do par costs of the suit to the
plaintif.
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Judgment 5 Sum. Suit No. 526 of 2019
3. Decree be drawn accordinglr.
4. Court fee, if anr, be refunded as per the rules.
(Smt. S. G. Shaikh)
Ad-hoc Judge
Citr Civil Court, Gr. Bombar
Date : 11.02.2020.
Trped on : 11.02.2020.
Described on : 11.02.2020.
Signed on : 11.02.2020.
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Judgment 6 Sum. Suit No. 526 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
11.02.2020 05.05 pm Mr. Tushar P. Kuwar
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
11.02.2020
Order signed br P.O. on 11.02.2020
Order uploaded on 11.02.2020
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