Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment SU2045/2019
MHCC010049492019
Presented on : 04-05-2019
Registered on : 16-07-2019
Decided on : 11-07-2022
Duration : 3 Ys. 2 Ms. 7 Ds.
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
S.C. SUIT NO.2045 OF 2019
Shri Abdulla Mohad Saleh Surve }
Age: 62 Occupation : Retired, }
resding at Swan Mill Compound, }
B Wing, 11th Floor, Flat No.1109, }
Sewri West, Mumbai15 } … Plaintiff.
VERSUS
Shri Abdul Rauf Abdul Kadir Padvekar, }
Age: 70 years Occupation : business, }
residing at Plot No.19, Room No.1192, }
Lotus Colony, Govandi, Mumbai43 }... Defendant.
Appearance:
Mr. D.K. Raje, learned Advocate for the plaintiff
Exparte against the defendant.
CORAM : RAJESH A. SASNE,
Adhoc Judge
Date : 11th July, 2022
J U D G M E N T
( Delivered on 11.07.2022 )
This is a suit for recovery of amount from the defendant.
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In brief, the plaintiff’s case is as under :
2. It is the contention of the plaintiff that when he had been
to PWD Office at Chembur, he came in contact with the defendant.
The defendant assured him that he will do the plaintiff's work in respect
of the allotment of room in Slum Rehabilitation Scheme. For the said
work defendant asked the plaintiff to pay an amount of Rs.3,00,000/ to
the defendant. Accordingly, the plaintiff advanced Rs. 1,50,000/ to the
defendant. In spite of repeated follow up, the defendant failed to
complete the work of the plaintiff. As the work could not be completed,
the defendant for the purpose to return the amount of Rs.1,50,000/ to
the plaintiff had issued cheque bearing No.121708 dated 30/05/2016
drawn on Hindustan Coop. Bank Ltd., Govandi Branch, Mumbai.
When the plaintiff deposited the said cheque for encashment, it was
dischonoured therefore, the plaintiff had filed police complaint against
the defendant. The defendant time to time had paid Rs.50,000/ to the
plaintiff. The defendant is liable to pay Rs.1,00,000/ as a remaining
balance amount to the plaintiff. To recover the said amount, the
plaintiff has filed this suit.
3. By an order dated 12.12.2021, this suit proceeded without
written statement of the defendant.
4. Heard learned Advocate for the plaintiff. No arguments of
the defendant.
5. The following points arise for my consideration. My
findings thereon with reasons are as follows :
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POINTS FINDINGS
(1) Whether the plaintiff proves that the
defendant for the purpose of returning advance
taken from the plaintiff issued cheque of
Rs.1,50,000/ and same has been dishnonoured ?
Yes
(2) Whether the plaintiff proves that the
defendant is liable to pay balance amount of
Rs.1,00,000/ to the plaintiff ?
Yes
(3) What order and decree ? Suit is decreed
R E A S O N S
AS TO POINT Nos.1 & 2 :
6. The plaintiff has examined himself as Abdulla (PW1) at
Exh.3. He deposes in support of the suit claim. His evidence remained
unchallenged. The plaintiff has relied on various documentary
evidence. Out of which original bank passbook Exh.5 shows that on
11.11.2014 there is debit entry of Rs.1,50,000/ in the name of the
defendant. It shows that the plaintiff had paid Rs.1,50,000/ to the
defendant by cheque bearing No.121708. Exhibit6 is the cheque issued
by the defendant in favour of the plaintiff for an amount of
Rs.1,50,000/. The said cheque has been dishonoured. The plaintiff by
letter dated 24.04.2019 Exh.10 addressed to the defendant called upon
the defendant to make payment of remaining balance amount of
Rs.1,00,000/. The said letter has been received by the defendant. The
oral evidence supported by aforesaid documentary evidence shows that
the plaintiff had advanced Rs.1,50,000/ to the defendant. The
defendant for the purpose to return the said amount had issued cheque
Exh.6 and same has been dishonoured. The plaintiff admits that
thereafter, time to time, the defendant has paid Rs.50,000/ to him. All
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these facts substantiate the plaintiff's claim that the defendant is liable
to pay the remaining balance of Rs.1,00,000/ to the plaintiff.
7. The plaintiff has also examined Anil (PW2) at Exh.12, who
is bank official of Hindustan Coop. Bank Ltd., Govandi Branch,
Mumbai. From the evidence of this witness, it is transpired that the
defendant had saving bank account in Hindustan Coop. Bank Ltd.,
Govandi Branch, Mumbai. The cheque No.121708 Exh.6 was issued
from this account and same has been dishonoured. This witness has
produced bank statement of defendant's account at Exh.14 and details
of cheque returned memo at Exh.13.
8. From the aforesaid evidence of the plaintiff and his
witness, it is noticed that the defendant had issued cheque Exh.6 for
Rs.1,50,000/ and same has been dishonoured. The plaintiff's case is
that the said cheque was issued against the discharge of legal debt.
Same is remained unchallenged hence, it is required to be accepted.
The plaintiff further admits against the said due, he has received
Rs.50,000/ from the defendant. Thereby, the outstanding due and
payable amount from the defendant to the plaintiff is Rs.1,00,000/.
The plaintiff is entitled to recover the said amount of Rs.1,00,000/
from the defendant. Hence, I answer point Nos.1 & 2 accordingly.
AS TO POINT NO.3 :
9. In view of aforesaid findings, the suit is required to be
decreed. In respect of the interest, I am of the view that the transaction
is not commercial transaction therefore, the plaintiff will be entitled for
simple rate of interest which I calculated at the rate of 6% per annum.
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The plaintiff is also entitled for the costs of this suit. Therefore, in
answer Point No.3 I pass the following order.
ORDER
a) The suit is decreed with costs.
b) The defendant do pay to the plainitff an amount of Rs.1,00,000/
(rupees one lakh only) alongwith interest @ 6% per annum from the
date of filing of this suit till realisation.
c) Decree be drawn up accordingly.
Date :11/07/2022 (R.A. SASNE)
Dictated on : 11/07/2022. Adhoc Judge, C.R.No.62,
Checked on : 13/07/2022. City Civil Court,
Signed on : 14/07/2022. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
15.07.2022 at 12.15 p.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 11/07/2022
Order signed by P.O. on 14/07/2022
Order uploaded on 15/07/2022
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