Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010082712019
Presented On :- 06/08/2019
Registered On :- 21/08/2019
Delivered On :- 07/01/2021
Duration :- Y- 01/M-05/D-03
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.833 OF 2019
Exhibit-11
Vikarm Umedmal Jain
Aged 40 years, of Bombay, an adult,
Indian Inhabitant, having his address
at E-7, Amroli House, Near Post Office,
1st Floor, V. P. Road, Mumbai-400 004 ….Plaintiff
Versus
1. Dinesh D.Ghag
(age not known)
an adult, Indian Inhabitant, working for
gain with IDBI Bank, IDBI Tower,
12th Floor, Cuffe Parade, Mumbai-400 004
2.Maruti Dagdu Shinde (age not known)
an adult, Indian Inhabitant, working for
gain with IDBI Bank, IDBI Tower,
12th Floor, Cuffe Parade, Mumbai-400 005
and Residing at D’ Souza Chawl, R. No.9,
Sundarbaug Kamani, Kurla (W),
Mumbai-400070 ....Defendants
SUIT FOR RECOVERY OF Rs.45,549/-
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Appearance:-
Mr. Balbhim Patil, Advocate for the Plaintiff.
Exparte against defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
JUDGE CITY CIVIL COURT
(C.R. NO.59).
DATE : 07/01/2021
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 defendants are working in Mumbai. For valuable
consideration viz. a sum of Rs. 30,000/- received from the plaintiff on
11/08/2016. 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. 30,000/-. Defendant No.2 accepted the Bill of Exchange and
delivered the same to the plaintiff on the same day. On 11/09/2016
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.30,000/-. Defendant No.1 also failed and neglected
to pay the said amount of Rs.30,000/-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 10/01/2019. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.45,549/-.
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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.45,549/-
with interest
@ 18 percent per
annum on principal
amount of Rs.30,000/-
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.
Exhibit.
No.
Description of documents Date
8 Bill of Exchange 11/08/2016
9 Advocate Letter 10/01/2019
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.30,000/- to
the defendants under bill of exchange of Rs. 30,000/-. The documents
further prove that the amount of Rs.45,549/- is due and payable to the
plaintiff from defendants. The defendants have failed to pay the said
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4 Sum. Suit No.833/2019
amount to the plaintiff. The documents at list Exhibits 8 and 9 goes to
establish that the defendants are liable to pay Rs.45,549/- 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.45,549/- 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 18% 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 such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest @ 18% per annum would be
just and proper to be awarded on the principle sum adjudged i.e.
amount of Rs.45,549/-. 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 plaintiff is entitled to recover Rs.45,549/- from the defendants and
he is also entitled to recover interest on principal amount of Rs.30,000/-
at the rate of 18% 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.
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: O R D E R :
1. The defendants jointly and severally shall pay
Rs.45,549/- (Rs. Forty Five Thousand Five Hundred Forty
Nine Only) to the plaintiff and he shall also pay interest
to the plaintiff on principal amount of Rs.30,000/- at the
rate of 18% 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 : 07/01/2021 (Smt. S. G. Shaikh)
Judge City Civil Court,
Gr. Bombay
Dictated on :07/01/2021
Typed on :07/01/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08.01.2021 03.35 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
07.01.2021
JUDGMENT/ORDER signed by
P.O.on
07.01.2021
JUDGMENT/ORDER uploaded on 08.01.2021
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