Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: MHCC010048982020
Presented On :- 02.11.2020
Registered On :- 05.12.2020
Delivered On :- 12/03/2021
Duration :-Y-00/M04/D-11
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 498 OF 2020
Exhibit-10
Prakash Sunkappa Jadhav
Age 27 years of Mumbai, an adult Indian
inhabitant, having his address at
Culmohmmad Chawl, Dharavi
Cross Road, Near Narayan Medical
Mumbai ….Plaintiff
Vs.
1. Rekhabai Babulal Bais
age not known of
Mumbai an adult Indian, inhabitant
working for gain with Maharashtra State
Power Generation Co. Ltd. External Battery
Compound Prakashgad, Bandra (East),
Mumbai-400 051
(Designation: Peon), Employs ID-8438,
CPF No.02402246
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2 Sum. Suit No.498/2020
2. Soma Janappa Pawar
Age and full name not known of
Mumbai an adult Indian, inhabitant
working for gain with B.M.C. Office,
S/ward, Malad, Mumbai ....Defendants
SUIT FOR RECOVERY OF Rs.2,92,979.72ps
Appearance:-
Adv. Mr.Ramesh Jain for the Plaintiff.
Exparte against Defendant no.1 only.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 12/03/2021
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 defendant No.1 for valuable consideration viz.
Rs.2,80,000/- received from plaintiff, drew a bill of exchange directing
thereby, defendant no.2 to pay to the plaintiff or Order at Mumbai a
sum of Rs.2,80,000/- on Demand. Defendant No.2 accepted the Bill of
Exchange and delivered the same to the plaintiff. On 25/07/2020
plaintiff presented the Bill of Exchange to the defendant No.2 and
demanded from Defendant No.2 the amounts of Rs.2,80,000/-.
Defendant No.2 dishonoured the same by non -payment. Plaintiff
thereupon immediately, informed defendant No.1 about the dishonour
of the Bill of Exchange by defendant No.2 and demanded from
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defendant No.1 the said amount of Rs.2,80,000/-. Defendant No.1 also
failed and neglected to pay the said amount of Rs.2,80,000/-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
30/09/2020. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.2,92,979.72ps
3. The suit summons were duly served on the defendant---s
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. During the pendency of the suit, plaintiff has withdrawn
the suit against defendant no.2. Hence, suit is disposed of against
defendant no.2 and proceeded against only defendant no.1.
5. 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
defendant no.1 to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.2,92,979.72ps with
interest
@ 12% per annum on
principal amount of
Rs.2,80,000/-
2 What order and decree? Suit is decreed.
R E A S O N S
6. In order to prove the case of the plaintiff filed following
documentary evidence.
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Exhibit.
No.
Description of documents Date
8 Bill of Exchange 25.06.2020
9 Advocate Letter 30.09.2020
AS TO POINT NO.1 :-
7. All the documents produced by the plaintiff at Exhibits-8
and 9 goes to establish that plaintiff has given amount of Rs.2,80,000/-
to the defendant no.1 under bill of exchange of Rs.2,80,000/-. The
documents further proves that the amount of Rs.2,92,979.72ps is due
and payable to the plaintiff from defendant no.1. The defendant no.1
has failed to pay the said amount to the plaintiff. The documents at list
Exhibits-8 and 9 goes to establish that the defendant no.1 is liable to
pay Rs.2,92,979.72ps 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.2,92,979.72ps from the defendant no.1.
8. The plaintiff has claimed 18% per annum on the principal
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 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 principal sum adjudged i.e.
amount of Rs.2,92,979.72ps. Hence, point No.1 is answered in the
affirmative.
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AS TO POINT NO.2 :
9. In view of discussion and finding on point No.1, it is held
that plaintiff is entitled to recover Rs.2,92,979.72ps from the defendant
no.1 and he is also entitled to recover interest on principal amount of
Rs.2,80,000/- 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 defendant No.1. Hence, in answered to point No.2, I proceed
to pass the following order.
O R D E R
1. The defendant No.1 shall pay Rs.2,92,979.72ps (Rs.Two
Lakh Ninety Two Thousand Nine Hundred Seventy Nine
and Seventy Two paise Only) to the plaintiff with interest
on principal amount of Rs.2,80,000/- at the rate of 12%
per annum from the date of filing of the suit till its
realization.
2. Defendant No.1 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 : 12/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :12/03/2021
Typed on :12/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/03/2021 05.00 p.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
12/03/2021
JUDGMENT/ORDER signed by
P.O.on
12/03/2021
JUDGMENT/ORDER uploaded on 12/03/2021
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