Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010053212020
Presented On :- 27.11.2020
Registered On :- 18.12.2020
Delivered On :- 20/08/2021
Duration :- Y-00/M-08/D-24
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 570 OF 2020
Exhibit-4
Ambalal Rikhabchandji Jain
Age 56 years, of Mumbai, an adult Indian
inhabitant, carrying on business of Money
Lending as a Sole Proprietor in the name
And style of Ritik Creation at and from
Room No.20, Ground Floor, Gulam Mohmad
Building, Navroji Hill Road, No.7, Dongri
Mumbai-4000 09 …. Plaintiff
V/s.
1.Devendra Liladhar Churi
Age not known of Mumbai an adult Indian,
inhabitant working for gain Western Railway
Medical Department , 2nd Floor, New Building,
W.R.Head Quarter Office, Mumbai-400 020
and residing at: at Post: Murbe, Taluka: Palghar,
New Bus Stop, Hanuman Smarak, Dist: Palghar 401 501
Lane, Byculla (West), Mumbai-400 011
2. Sakhram Madhukar Dharne
Age not known of Mumbai an adult Indian,
inhabitant working for gain Western Railway
Medical Department , 2nd Floor, New Building,
W.R.Head Quarter Office, Mumbai-400 020
and residing at Anu Vittal Krupa CHS Society, 4th
floor, Room No.407, Shreedhar Mahatre Chowk Road,
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2 Sum. Suit No.570/2020
Mahatma Phule Road, Dombivali (W),
Dist- Thane-421 202 ....Defendant
SUIT FOR RECOVERY OF Rs.1,85,774.24ps
Appearance:-
Adv. Mr. Ramesh Jain for the Plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI, (C.R. NO.61).
DATE : 20/08/2021
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 :-
On 11.12.2018 the defendant No.1 for valuable
consideration viz. Rs.1,40,000/- 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.1,40,000/- on Demand. Defendant No.2
accepted the Bill of Exchange and delivered the same to the plaintiff. On
11/01/2019 plaintiff presented the Bill of Exchange to the defendant
No.2 and demanded from Defendant No.2 the amounts of
Rs.1,40,000/-. 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 defendant No.1 the said amount of Rs.1,40,000/-. Defendant No.1
also failed and neglected to pay the said amount of Rs.1,40,000/-
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
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3 Sum. Suit No.570/2020
28/07/2020. Hence, plaintiff is constrained to file the suit for recovery
of the said amount. The total suit claim of the plaintiff for
Rs.1,85,774.24 ps.
3. The suit summons were duly served on the defendants 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. 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
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.1,85,774.24 ps.
with interest
@ 12% per annum on
principal amount of
Rs.1,40,000/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
documentary evidence Exh.3.
Sr.
No.
Description of documents Date
1 Bill of Exchange 11.12.2018
2 Advocate Letter 28.07.2020
3 Money Lender Licence 31/07/2018
4 Form No.10 11/12/2018
5 Books of Account 11/12/2018
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4 Sum. Suit No.570/2020
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No.1 to 5
goes to establish that plaintiff has given amount of Rs.1,40,000/- to the
defendants under bill of exchange of Rs.1,40,000/-. The documents
further proves that the amount of Rs.1,85,774.24 ps. is due and payable
to the plaintiff from defendants. The defendants have failed to pay the
said amount to the plaintiff. The documents at Sr. No.1 to 5 goes to
establish that the defendants are liable to pay Rs.1,85,774.24 ps 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.1,85,774.24 ps from the
defendants.
7. 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.1,85,774.24 ps. Hence, point No.1 is answered in the
affirmative.
AS TO POINT NO.2 :
8. In view of discussion and finding on point No.1, it is held
that plaintiff is entitled to recover Rs.1,85,774.24 ps. from the
defendants and they are also entitled to recover interest on principal
amount of Rs.1,40,000/- at the rate of 12% per annum from the date of
filing of the suit till its realization. Plaintiff is also entitled to recover
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5 Sum. Suit No.570/2020
cost of the suit from defendants. Hence, in answered to point No.2, I
proceed to pass the following order.
O R D E R
1. The defendants jointly and severally shall pay Rs.1,85,774.24 ps.
(Rs. One Lakh Eighty Five Thousand Seven Hundred Seventy
Four and Twenty Four Paise only) to the plaintiff and interest on
principal amount of Rs.1,40,000/- at the rate of 12% per annum
from the date of filing of the suit till its realization.
2. Defendants 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 :20/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :20/08/2021
Typed on :20/08/2021
Signed on :
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6 Sum. Suit No.570/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/08/2021 11.00 a.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.61)
Date of Pronouncement of
JUDGMENT/ORDER
20/08/2021
JUDGMENT/ORDER signed by
P.O.on
21/08/2021
JUDGMENT/ORDER uploaded on 21/08/2021
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