Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Com.Suit No.522/21 1
MHCC010043332020 Presented on : 03102020
Registered on : 05032021
Decided on : 10032022
Duration : Y M D
01 00 05
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by S. U. Hake)
COMMERCIAL SUIT NO.522 OF 2021
(SUMMARY SUIT NO.252 OF 2021)
Ex.9
Jaslok Hospital and Research Centre.
having its address at 15,
Dr. G. Deshmukh Marg,
Mumbai 400 026.
through its Authorized Signatory
of Mr. Anil M. Gidwani, Age 60 years. ..Plaintiff.
VERSUS
Mr. M.V.Singh.
S/o. Virendra Singh, F12,
Room No.4, Shantivan C.H.S.L.
Sector7, Sanpada, Navi Mumbai 400 0705. ..Defendant
__________________________________________________________
Ld. Advocate Ms.Jyoti Malde for plaintiff.
Defendant Exparte.
__________________________________________________________
JUDGMENT
(Dated this 10th day of March, 2022)
Suit is for recovery of an amount of Rs.3,09,373/ along
with further interest.
-- 1 of 6 --
Judgment in Com.Suit No.522/21 2
Briefly stated, plaintiff's case is as under:
2. Plaintiff is a reputed Public Charitable Trust Hospital
engaged in providing healthcare services. It is having its hospital at the
address given in the title clause. Defendant is permanent resident of
Navi Mumbai.
3. Defendant got admitted his father Shri Virendra Singh in
the plaintiff hospital on 26th February, 2019 for 'Chest Surgery'.
Virendra Singh passed away on 06th of April, 2019. Towards
hospitalization, plaintiff raised bill of Rs.16,35,532/. Defendant made
part payment of said bill raised by the plaintiff and an amount of
Rs.2,45,532/ was outstanding against defendant.
3. Defendant issued post dated cheque of Rs.2,45,532/ for
payment of outstanding dues. Plaintiff deposited said cheque for
encashment in the bank as per the instructions of defendant. But, on
06th of May 2019 said cheque was dishonoured with remark "Funds
Insufficient".
4. Plaintiff issued notice through it's advocate on 21.05.2019
and called upon defendant to make the payment within 15 days. Said
notice was returned back with remark “left”. Defendant failed to make
payment of outstanding amount. Hence, plaintiff filed this suit Under
Order XXXVII Rule 2 of the Code of Civil Procedure, 1908.
5. As per Service Affidavit (Exh.6), suit summons were
deemed to be served to defendant. But, defendant failed to tender his
appearance. Therefore, suit proceeded without appearance of defendant
as per order dated 21.12.2021.
-- 2 of 6 --
Judgment in Com.Suit No.522/21 3
6. Heard Ld. advocate for plaintiff. Following points arise for
determination, findings thereon for the reasons to follow are as under:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that an amount
of Rs.3,09,373/ is outstanding against
the defendant?
Proved
2. What order and decree ? Suit is decreed as
per final order.
REASONS
Point No.1
7. In order to substantiate the claim, plaintiff has filed claim
affidavit of PW1 Mr. Anil Gidwani at Exhibit7. Plaintiff relied upon
documents filed below Exhibit8. PW1 Anil Gidwani has reiterated all
the facts pleaded in the plaint. He deposes that defendant’s father was
admitted in plaintiff hospital and an amount of Rs.2,45,532/ is
outstanding against defendant.
9. Claim affidavit of PW1Anil Gidwani is well supported by
original bill dated 06.04.2019 and copy of the cheque issued by
defendant. Defendant’s father was admitted in the plaintiff’s hospital
from 26.02.2019 to 06.04.2019. The bill filed on record further shows
that an amount of Rs.2,45,532/ was outstanding against the defendant.
Towards the payment of outstanding dues, defendant issued a cheque
of outstanding amount. However, said cheque was dishonored for the
reasons of ‘insufficient funds’ in the account of defendant. Plaintiff has
claimed interest at the rate of 18% p.a. from the date of raising the bill.
Plaintiff’s claim is based upon dishonor of cheque. Therefore, plaintiff is
entitled to get the interest at the rate of 18 % p.a. The plaintiff has
-- 3 of 6 --
Judgment in Com.Suit No.522/21 4
calculated the interest from the date of bill till the filing of the suit. By
applying the interest at the rate of 18% p.a. to the principal outstanding
amount, plaintiff claimed an amount of Rs.3,09,373/. Plaintiff’s claim
is well supported by the documents filed on record. Therefore,
plaintiff's claim under Order XXXVII Rule 3 of the Code of Civil
Procedure, 1908 needs to be accepted. From all above discussion, it is
held that an amount of Rs.3,09,373/ is outstanding against the
defendant. Hence, point No.1 is answered accordingly. In the result,
following order:
ORDER
1. Suit is decreed with costs.
2. Defendant shall pay an amount of Rs.3,09,373/ (Rupees
Three Lacs Nine Thousand Three Hundred and Seventy
Three only) alongwith interest @ 18 % p.a. on principal
amount of Rs. 2,45,532/ to plaintiff from the date of filing
of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948, for
the refund of Institution Fee.
4. Decree thus follow.
10/03/2022 SUNIL U. HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Direct Typed on : 10/03/2022
Checked on : 11/03/2022
Signed on :
-- 4 of 6 --
Judgment in Com.Suit No.522/21 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
11/03/22 at 03.30 pm.
Mrs.P.R.Wagh
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
10/03/22
Judgment and order signed by P.O. 11/03/22
Judgment/order uploaded on 11/03/22
-- 5 of 6 --
Judgment in Com.Suit No.522/21 6
-- 6 of 6 --