Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010068302019
Presented On:-04.07.2019
Registered On:23.07.2019
Delivered On :08.03.2021
Duration:Y-01/M-08/D-04
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 739 OF 2019
Exhibit-10
Rameshkumar Babulal Shah
aged about 58 years
of Mumbai, an adult Indian Inhabitant
having his address at 12, Kakad Wadi
Ground Floor, Mogre Building, V. P. Road,
Bombay ….Plaintiff
Vs.
1. Deepak H. Ghawali
(Full name & age not known)
of Mumbai an adult Indian inhabitant
working for gain with Dadar Post Office,
Ground floor, Near Pritam Hotel,
Dadar (E), Mumbai-400 014 and residing
at 310/3, Ram Sharan CHS, B. S. Marg,
Dadar (W), Mumbai-400 028
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2 Sum. Suit No.739/2019
2. Pramod Keshav Pednekar
(Age not known)
of Mumbai an adult Indian inhabitant,
working for gain with Reserve Bank of
India, Care Taking office, Opp. Mumbai
Central Railway Station (W), Mumbai-400 008
and residing at 4/135, Shiv Kripa,
N. M. Joshi Marg, Opp. Lower Parel
Railway Station, Mumbai-400 013 ....Defendants
SUIT FOR RECOVERY OF Rs.65,119/-
Appearance:-
Adv. Mr.Dileep Satale for the Plaintiff.
Exparte against defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
JUDGE CITY CIVIL COURT
(C.R. NO.59).
DATE : 08/03/2021
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 Plaintiff and defendants are residents of Mumbai. For
valuable consideration viz. a sum of Rs.60,000/- received from the
plaintiff on 07/12/2018, defendant No.1 drew a Bill of Exchange
directing thereby Defendant No.2 to pay on Demand to the plaintiff or
order at Bombay a sum of Rs.60,000/-. Defendant No.2 accepted the
Bill of Exchange and delivered the same to the plaintiff on the same day.
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3 Sum. Suit No.739/2019
On 07/01/2019 plaintiff presented the Bill of Exchange to the
defendant No.2 and demanded from Defendant No.2 the amounts due
thereafter. 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.60,000/-. Defendant No.1
also failed and neglected to pay the said amount of Rs.60,000/-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
12/06/2019. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.65,119/-.
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.65,119/-
with interest
@ 12% per annum on
principal amount of
Rs.60,000/-
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
8 Bill of Exchange 07.12.2018
9 Advocate Letter 12.06.2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits- 8
and 9 goes to establish that plaintiff has given amount of Rs.60,000/- to
the defendants under bill of exchange of Rs.60,000/-. The documents
further prove that the amount of Rs.65,119/- 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-8 and 9 goes to
establish that the defendants are liable to pay Rs.65,119/- 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.65,119/- from the
defendants.
7. The plaintiff has claimed 18% per annum on the principle
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 no 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 principle sum adjudged i.e.
amount of Rs.65,119/-. 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.65,119/- from the defendants and
he is also entitled to recover interest on principal amount of Rs.65,119/-
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 defendants jointly and severally shall pay
Rs.65,119/- (Rs. Sixty Five Thousand One Hundred
Nineteen Only) to the plaintiff and they shall also pay
interest to the plaintiff on principal amount of
Rs.60,000/- at the rate of 12 % per annum from the date
of filing of the suit till its realization.
2. The 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 :08/03/2021 (Smt. S. G. Shaikh)
Judge City Civil Court,
Gr. Bombay
Dictated on :08/03/2021
Typed on :08/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/03/2021 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
08/03/2021
JUDGMENT/ORDER signed by
P.O.on
08/03/2021
JUDGMENT/ORDER uploaded on 08/03/2021
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