Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Sum. Suit No. 631 of 2019
Filed on : 11.06.2019
Registered on : 26.06.2019
Decided on : 01.02.2020
Duration : Year00 Month07 Days6
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.631 OF 2019
(CNR NO.MHCC010057862019)
Exhibit10
Ambalal Rikhabchandji Jain,
Age : 53 years
Address : 20, Ground Floor,
Gulam Mohmad Building,
Navroji Hill Road No.7, Dongri,
Mumbai – 400 009. ….Plaintiff
V/s.
1. Chandrakant P. Jadhav,
Age : Adult.
Working for gain with Canara Bank, Yeshodeep Coop.,
Housing Society, Nehru Nagar, Bulg. No.26,
Near Kurla Railway Station, Kurla (E),
Mumbai – 400 024.
And
Residing at : Om Nilam Coop. Housing Society,
“B” Wing, 1st floor, Room No.3, Durga Mata Mandir Road,
Laxmi Baug, Katemanivali, Kalyan (E) 421306. ...Withdrawn on
24.01.2020.
2. Ashok Budaji Mohite,
Age : Adult,
Working for gain with Mumbai Port Trust,
Vijaydeep Bldg., Ballard Estate, Mumbai.
Residing at : BPT Colony, Bldg. No.5,
Room No.192, 3rd floor, Rajesh Nagar,
Cotton Green, Mumbai – 400 033. ... Defendants
SUIT FOR RECOVERY OF RS.61,370.22ps
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Judgment 2 Sum. Suit No. 631 of 2019
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 01st February, 2020.
(C.R.No.59)
Appearance:
Mr. Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
The facts of the case are as under :
2. The defendant No.1 & 2 received Rs.45,000/ from the plaintiff
on executing Bill of Exchange in favour of the plaintiff. The said bill of
exchange was accepted and delivered by the defendant No.2 to the
plaintiff on 15.07.2010. Thereafter, bill of exchange was dishonoured
by the defendants for non payment. The defendants failed to pay
amount of Rs.45,000/. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.61,370.22 ps.
3. The suit summons were duly served on the defendant but he
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment. During the
pendency of the suit, the plaintiff has withdrawn the suit against
defendant No.1 vide pursis Exhibit6. Hence, suit proceeded only
against defendant No.2.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
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Judgment 3 Sum. Suit No. 631 of 2019
Sr.
No.
POINTS FINDINGS.
1. What is due and payable
from the defendant No.2 to
the plaintiff ?
A] If yes, what would be the
rate of interest?
Amount of
Rs.61,370.22 ps.
with interest
@ 10 % per
annum.
2. What order and decree? As per final order.
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents
8 Bill of Exchange dated 15.07.2010.
9 Plaintiff's Advocate's legal notice dated 17.10.2018.
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit8 & 9
go to establish that plaintiff has given total amount of Rs.45,000/ to
the defendants under bill of exchange of Rs.45,000/. The documents
further prove that the amount of Rs.61,370.22ps/ is due and payable to
the plaintiff from defendants. But, defendants failed to pay total amount
of Rs.61,370.22ps/. The documents at Exhibit8 & 9 go to establish
that defendant is liable to pay Rs.61,370.22ps/ to the plaintiff on the
date of filing of the suit. In this background, it is held that plaintiff is
entitle to recover sum of Rs.61,370.22ps/ 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 exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
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Judgment 4 Sum. Suit No. 631 of 2019
present case the transaction is a commercial one and there is no express
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is being commercial
transaction be rate of interest at the rate of 10% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.61,370.22ps/. 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 the
plaintiff is entitled to recover Rs.61,370.22ps/ from the defendants
with interest at the rate of Rs.10% per annum from the date of filing of
the suit till its realization. Plaintiff is also entitled to recover cost of the
suit from the defendants. Hence, in answered to point no.2, I proceed
to pass the following order :
: ORDER:
1. The defendant No.2 pay Rs.61,370.22ps/ (Rs.Sixty
One Thousand Three Hundred Seventy And Twenty
Two Paise Only) to the plaintiff with interest at the
rate of 10% 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. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per the rules.
(Smt. S. G. Shaikh)
Adhoc Judge
City Civil Court,
Date : 01.02.2020 Gr. Bombay
Typed on : 01.02.2020.
Signed on : 01.02.2020.
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Judgment 5 Sum. Suit No. 631 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 5.15 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 01.02.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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