Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Sum. Suit No. 725 of 2019
Filed on : 03.07.2019.
Registered on : 17.07.2019.
Decided on : 30.01.2020.
Duration : Year00 Month06 Days15
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 725 OF 2019
(CNR NO.MHCC010068252019)
Exhibit9
Sunil Sunkappa Jadhav,
Age : Adult,
Address : Lal Patra Chawl,
No.251, Room No.10, Cross Road,
Dharavi, Mumbai – 400 017. ….Plaintiff
V/s.
1. Sanjay Rajaram Pekhale,
Age : Adult.
Working for gain with Maharashtra State
Power Generation Co. Ltd., External Battery
Compound, Labour Camp, Dharavi,
Matunga Road, Matunga,
Mumbai – 400 019. Employs Idd11515.
Destination – Peon CRF No.2676265.
2. Soma Janappa Pawar,
Age : Adult, Full name not known,
Address : Gali No.2, Kunchikorve Nagar,
Near Maruti Temple, Kalina (E),
Mumbai – 400 098. ... Defendants
SUIT FOR RECOVERY OF RS.2,80,289.04 ps/
Appearance:
Mr. Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM :HER HONOUR JUDGE
SABIHA. G. SHAIKH
(C.R.NO.59)
DATE : 30 th January, 2020
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Judgment 2 Sum. Suit No. 725 of 2019
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 for valuable consideration due to bill of
exchange of Rs.2,75,000/ dated 02.04.2019 received from plaintiff, on
the demand of defendant No.2 and in favour of plaintiff. The said bill of
exchange were accepted by the defendant No.2 for payment. The
defendants failed to pay the abovesaid amount and the said Bill of
Exchange was dishonoured. Hence, plaintiff is constrained to file the
suit for recovery of the said amount. The total suit claim of the plaintiff
for Rs.2,80,289.04 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.
4. The following points arise for my determination and my findings
thereon are as under for the reasons stated there under:
Sr.
No.
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.2,80,289.04
ps/ with interest
@ 10 % per
annum.
2. What order and decree? As per final order.
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Judgment 3 Sum. Suit No. 725 of 2019
REASONS
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit7 Bill of Exchange 02.04.2019
Exhibit8 Plaintiff's advocate's letter 21.05.2019
AS TO POINT NO.1:
6. All the documents produced by the plaintiff at list Exhibit7
& 8 go to establish that plaintiff has given total amount of Rs.2,75,000/
to the defendants under bill of exchange of Rs.2,75,000/. The
documents further prove that the amount of Rs.2,75,000/ is due and
payable to the plaintiff from defendants. But, defendants failed to pay
total amount of Rs.2,75,000/. The documents at Exhibit7 & 8 goes to
establish that defendant is liable to pay Rs.2,80,289.04 ps/ 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.2,80,289.04 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 exceed 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
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
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Judgment 4 Sum. Suit No. 725 of 2019
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.2,80,289.04 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 the
plaintiff is entitled to recover Rs.2,80,289.04 ps / 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 defendants No.1 & 2 shall jointly and severally
pay Rs.2,80,289.04 ps/ (Rs.Two Lakh Eighty
Thousand Two Hundred Eighty Nine and Four 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.
(S. G. Shaikh)
Adhoc Judge
City Civil Court,
Date : 30.01.2020 Gr. Bombay
Typed on : 30.01.2020.
Described on : 30.01.2020.
Signed on : 30.01.2020.
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Judgment 5 Sum. Suit No. 725 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
30.01.2020 05.05 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 30.01.2020
Order signed by P.O. on 30.01.2020
Order uploaded on 30.01.2020
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