Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on :12.10.2020
Registered On :07.12.2020
Decided on :15.12.2021
Duration : Y-01/M-02/D-03
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 495 OF 2020
Exhibit- 08
CNR NO.- MHCC01-004610-2020
Mahendra Premchandji Jain
Age :58 years
Of Mumbai , an adult Indian Inhabitant,
Residing at 46, Modi Street, Ground Floor,
Fort, Mumbai- 400 001. ... Plaintiff
V/s.
Pavan Pandurang Pednekar
Age Not known of Mumbai an adult Indian
Inhabitant
Working for gain with National Insurance Co.
Ltd.,
Do VI, Narrotam Morarji Street, Ballard Esate,
Mumbai 400 001 and residing at 174/9,
G.I.C., Staff Quarters, Tata Power, Magathane,
Borivali(E), Mumbai-400 066. ... Defendants
Appearance:-
Mr. Ramesh Jain Advocate for the plaintiff.
Exparte against Defendants.
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CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 15/12/2021
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit instituted by the plaintiff under
order XXXVII of Code of Civil Procedure 1908 against the defendant.
2. The suit claim of the plaintiff is narrated in nutshell as
under:
The defendant was under liability to pay towards the plaintiff
hence, towards the discharge of said legal liability he drew and
delivered to the plaintiff a cheque dtd. 2.9.2020 bearing no. 243227
drawn on Axis Bank Ltd., Churchgaet, Mumbai- 400 020 for valuable
consideration of Rs.2,45,000/- . Said cheque on being presented to the
bank has been dishonored vide a memo of dishonor dtd. 3.9.2020 with
a remark of “funds insufficient”. By virtue of dishonor of said cheque
and pursuant to the provisions of Negotiable Instrument Act, the
plaintiff has become entitled to recover said amount of cheque
alongwith interest at the rate of 18% p.a. from the date of dishonor of
cheque.
The plaintiff issued letter/notice through advocate on 09.9.2020
to the defendant calling upon him to pay the amount of Rs. 2,45,000/-
alongwith accrued interest but the defendant failed to comply with said
requisition. The plaintiff averred that the defendant is liable to pay the
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outstanding amount of Rs.2,46,570.68ps/-with interest.
3. Thus, the plaintiff has filed the present suit against the
defendant for recovery. It is averred that the defendant is liable to pay a
sum of Rs.2,46,570.68ps/- to the plaintiff and further interest at the
rate of 18% p.a on the principal amount from the date of suit till its
realization. Hence, this suit.
4. The suit summons were duly served on the defendant but
he failed to appear and contest the suit. Hence, suit is posted for
judgment as per order XXXVII Rule 2(3) of Code of Civil Procedure
1908 judgment.
5. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
Sr.
No.
POINTS FINDINGS.
1. Whether the plaintiff entitled for
recovery of amount against the
defendants ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.2,46,570.68 ps/-
with interest
@ 18% per annum
on the principal
amount
2. What order and decree? As per final order.
REASONS
6. In order to establish the suit claim, the plaintiff has filed
following documentary evidence below Exh.07 i.e the list of
documents:
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Sr.
No.
Description of documents Exhibits
1 Cheque dtd. 2.9.2020 being
Exhibit “A” to the plaint.
Exh. 7/1
2 Memo of Dishonour Dtd. 3.9.2020
being Exhibit “B” to the Plaint
Exh. 7/2
3 Plaintiff’s Advocates’ letter dated
9.9.2020, being Exhibit “C” to the
plaint, alongwith the postal records
in connection therewith.
Exh. 7/3
AS TO POINT NO.1:
7. This is a summary suit which is not contested by the
defendant. The documents produced on record by the plaintiff shows
that the defendant issued the cheque to the plaintiff for the amount of
Rs. 2,45,000/- and said cheque came to be dishonored for insufficiency
of funds. Said amount is not paid by the defendant to the plaintiff.
Further, it reveals from the record that said transaction for issuance of
cheque took place on dtd.2.9.2020, the notice/letter of demand was
issued to the defendant on dtd.9.9.2020 and the suit is filed on
12.10.2020. As such, the plaintiff’s claim in the suit is well within
limitation.
8. All the documents produced by the plaintiff at list Exhibit-
07 goes to establish that the defendant has issued cheque for
Rs.2,45,000/- towards the leagl liability but staid cheque got
dishonored. The legal liability is not discharged by the defendant.
Therefore, the plaintiff is claiming Rs.2,46,570.68ps/- which is the
amount calculated with interest at the rate of 18% p.m from the date of
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dishonor of cheque till the filing of suit. Said amount is not repaid by
the defendant. Therefore, the defendant is liable to pay the outstanding
amount of Rs.2,46,570.68ps/- to the plaintiff. In this background, I
have arrived at the conclusion that the plaintiff is entitled to recover
sum of Rs.2,46,570.68ps/-from the defendant.
9. According to the plaintiff the outstanding dues against the
defendant is Rs.2,46,570.68ps/- and said amount is calculated
alongwith with interest at the rate of 18% p.m from the of dishonor of
cheque till the filing of suit. Apart from said amount which is due
against the defendant on the date of filing of the suit, the plaintiff has
claimed interest at the rate of 18% per annum on the principal amount.
The defendant neither appeared nor contested the suit. There is nothing
on record to show that the said translations between the parties was not
the commercial transactions. Therefore, I hold the plaintiff is entitled to
recover the principal amount alongwith interest at the rate of 18% p.a.
till realization of the amount. Therefore, I hold, the rate of interest at
the rate of 18% per annum would be just and proper to be awarded on
the principal sum of Rs.2,45,000/-. Hence, point no.1 is answered in the
affirmative.
AS TO POINT NO.2:
10. In view of discussion and finding on point no.1, it is held
that the plaintiff is entitled to recover Rs.2,46,570.68ps/- from the
defendant with interest at the rate of 18% per annum on the principal
sum of Rs.2,45,000/- from the date of filing of the suit till its
realization. Plaintiff is also entitled to recover cost of the suit from the
defendant. Hence, in answered to point no.2, I proceed to pass the
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following order.
ORDER
1. The defendant shall pay Rs.2,46,570.68ps/-(Rs.Two
Lacs Forty Six Thousand Five Hundred Seventy and
Sixty Eight paise Only) to the plaintiff, with interest at
the rate of 18% per annum on the principal sum of
Rs.2,45,000/- from the date of filing of the suit till its
realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(A.H. Kashikar)
AD-HOC Judge,
City Civil Court,
Date :15/12/2021 Gr. Bombay
Dictated on : 15/12/2021
Typed on : 15/12/2021
Signed on : 16.12.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/12/2021 1.00p .m. ( K.M. Rana )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H. Kashikar (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
15/12/2021
JUDGMENT/ORDER signed by
P.O.on
15/12/2021
JUDGMENT/ORDER uploaded on 16/12/2021
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