Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.732/2018
Received on : 22.06.2018
Registered on : 19.07.2018
Decided on : 04.05.2019
Duration : Y M D
00 10 13
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 732 OF 2018
CNR NO.: MHCC010074692018
SANTOSH LAXMAN GADGE
Age 30 yrs.
Of Mumbai, an adult Indian
inhabitant, having address at Room No.176,
Jai Shankar Chowk, Masnaji Aarote Chawl
Block No.2, Haloov Pool, Kurla (W)
Mumbai – 400 070. ...Plaintiff
Versus
AMOL VASANT JADHAV
Age not known
of Mumbai an adult Indian inhabitant
Working for gain with The Municipal Cooperative
Bank Ltd, Municipal Bhavan 245, P.Dmello
Road, Fort Mumbai – 400 001. And residing B9,
4/3 Bhimashankar, Co.Opp. Hsg. Society Near
Shailesh Tower, Sector 19A. Nerul, New
Mumbai – 400 706. ...Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 15th February 2018 for valuable
consideration of Rs.2,20,000/ the defendant received from him and
towards discharge of the defendant liability towards him, drew and
delivered a Cheque dated 6th June 2018 bearing No.101390 drawn on
The Municipal Co.op. Bank Ltd, Mumbai Deonar Branch, M/East Ward
Municipal Office Bldg., M.T. Marg, Bank of Maharashtra, Mumbai – 400
043, for Rs.2,20,000/ in his favour.
2. Plaintiff has further stated that the said cheque on being
presented to the Bank has been dishonoured vide a memo of dishonour
dated 8th June 2018 with the Remark “Fund Insufficient”. Plaintiff has
further stated that by virtue of dishonour of the said cheque and
pursuant to the provisions of the Negotiable Instruments Act, he has
become entitled to and the defendant has become liable to pay interest
at the rate of 18% per annum on the sum of the said cheque from the
date of dishonour. Plaintiff has further stated that he by his Advocate's
letter dated 8th June 2018 recorded, inter alia, the above facts and
called upon the defendant to pay the said sum of Rs.2,20,000/ and
accrued interest. The defendant has duly received the said letter. The
defendant has failed and avoided to comply with the requisitions
thereof and have also not controverted the contents of the said letter.
Plaintiff has further stated that in the premises, there is now due and
payable by the defendant to him a sum of Rs.2,20,759.45ps. in
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accordance with the Particulars of his Claim. Therefore, plaintiff filed
this suit.
3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.2,20,759.45ps. from
defendant alongwith interest @ 18%
p. a. on the sum of Rs.2,20,000/
from the date of filing of the suit till
its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Cheque dated 6th June 2018
2. Exh.10 Memo of Dishonour
3. Exh.11 The Plaintiff's Advocates' letters dated 8th June 2018
alongwith the postal records in connection therewith.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.7 and stated in his evidence that on 15th February 2018 for
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valuable consideration and towards discharge of the liability the
defendant delivered a post dated Cheque dated 6th June 2018 bearing
No.101390 drawn on The Municipal Co.op. Bank Ltd, Mumbai Deonar
Branch, M/East Ward Municipal Office Bldg., M.T. Marg, Bank of
Maharashtra, Mumbai – 400 043, for Rs.2,20,000/ in his favour for
valuable consideration sum of Rs.2,20,000/ received by the defendant.
8. Plaintiff has further stated that the said cheque on being
presented to the Bank has been dishonoured vide a memo of dishonour
dated 06th February, 2010. Plaintiff has further stated that he from time
to time demanded from the defendant the said amount of Rs.2,20,000/
and interest accrued thereon @ 18% per annum. The defendant,
however, failed and neglected to pay the said sum and any part thereof
and kept him on false and baseless promises. Plaintiff has further stated
that he repeatedly called upon the defendant to pay the amount of
Rs.2,20,000/ with interest due. The defendant failed and neglected to
pay the same and any part thereof. Plaintiff has further stated on 8th
June 2018, he forwarded a Demand Notice through his Advocates to the
defendant. The said Demand Notice was duly served upon the
defendant. Plaintiff has further stated that the defendant has not
disputed the contents of the said Notice and not forwarded any reply
thereto. Plaintiff has further stated that in the above circumstances he
filed the present suit for Rs.2,20,759.45ps. and further interest on
Rs.2,20,000/ at the rate of 18% per annum from filing of suit till
payment and costs.
9. Plaintiff has adduced Original Cheque, Memo of Dishonour and
the plaintiff's Advocates' letters alongwith the postal records on record
as documentary evidence. The oral evidence of plaintiff is corroborated
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by documentary evidence. Defendant has failed to challenge all the
allegations in the plaint and evidence of plaintiff. Therefore, plaintiff
has proved that he is entitled to get sum of Rs.2,20,759.45ps. from
defendant.
10. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.2,20,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.2,20,759.45ps. to plaintiff
along with interest @ 9% p.a. on the principal sum of
Rs.2,20,000/ from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.06.2019 At 12:05 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 17.06.2019
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