Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010057302019
Presented On :- 11.06.2019
Registered On :- 26.06.2019
Delivered On :- 06/03/2021
Duration :- Y-01/M-08/D-26
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 632 OF 2019
Exhibit-12
Ambalal Rikhabchandji Jain
Age-53 years of Mumbai, an adult, Indian
inhabitant, having his address at
at Room No.20, Ground Floor,
Gulam Mohmad Building, Navroji
Hill Road No.7, Dongri, Mumbai-400 009 ….Plaintiff
..Versus..
1.Dilip Dhondiram Khare
age not known of Mumbai an adult
Indian inhabitant working for gain with
Naval Transport Pool Colaba Mumbai, 121,
Wode House Road Colaba, Mumbai-400 005
EMP CODE :051575 residing at
Sector No.1, Bldg. No.114, Room No.1041,
Ground Floor, Kane Nagar, Near Garden,
Antop Hill, Mumbai-400 037
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2. Sunil Karbhari Shirwale
Age not known of Mumbai an adult Indian, inhabitant
working for gain with B.M.C.Office, B Ward,
121, Ramchandra Bhatt Marg, Opp. J. J. Hospital
Mumbai-400 009. Emp Code:1550135.
Residing at Antop Hill Road, Sardar Nagar No.4,
B.M.C.Bldg., “C” Bldg., Room No.2,
Sion Koliwada Mumbai-400 037 ....Defendant
SUIT FOR RECOVERY OF Rs.1,02,763.83ps
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.59).
DATE : 06/03/2021
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.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.80,000/- on Demand. Defendant No.2 accepted the Bill of
Exchange and delivered the same to the plaintiff. On 22/11/2017
plaintiff presented the Bill of Exchange to the defendant No.2 and
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demanded from Defendant No.2 the amounts of Rs.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 defendant No.1 the
said amount of Rs.80,000/-. Defendant No.1 also failed and neglected
to pay the said amount of Rs.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 23/02/2019. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.1,02,763.83ps.
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. 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.1,02,763.83/- with
interest
@ 12% per annum on
principal amount of
Rs.80,000/-
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.
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Exhibit.
No.
Description of documents Date
7 Bill of Exchange 22.08.2017
8 Advocate Letter 23.02.2019
9 Money Lender Licence 23.11.2017
10 Form under Bombay Money Lending Act 22.08.2017
11 Books of Accounts 22.08.2017
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to
11 goes to establish that plaintiff has given amount of Rs.80,000/- to
the defendant under bill of exchange of Rs.80,000/-. The documents
further proves that the amount of Rs.1,02,763.83 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 list Exhibits-7 to 11 goes
to establish that the defendants are liable to pay Rs.1,02,763.83ps 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.1,02,763.83ps 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.1,02,763.83ps . Hence, point No.1 is answered in the
affirmative.
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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.1,02,763.83ps from the
defendants and they are also entitled to recover interest on principal
amount of Rs.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 defendants. Hence, in answered to point No.2, I
proceed to pass the following order.
O R D E R
1. The defendant shall pay Rs.1,02,763.83ps (Rs. One Lakh Two
Thousand Seven Hundred Sixty Three and Eighty Three Paise
only) to the plaintiff and interest on principal amount of
Rs.80,000/- at the rate of 12% per annum from the date of filing
of the suit till its realization.
2. Defendant 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 :06/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :06/03/2021
Typed on : 06/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/03/2021 05.20 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
06/03/2021
JUDGMENT/ORDER signed by
P.O.on
06/03/2021
JUDGMENT/ORDER uploaded on 06/03/2021
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