Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 914 of 2019 .. J/1 .. Exparte Judgment
MHCC010087552019
Presented on 22-08-2019
Registered on 16-09-2019
Decided on 10-02-2022
Duration Yrs. M. Days
02 05 19
CNR No. MHCC010087552019
EXH. 09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 914 OF 2019
AMBALAL RIKHABCHANDJI JAIN
Age 55 years of Mumbai, an adult Indian
inhabitant, carrying on business of Money
Lending as a Sole Proprietor in the
name and style of Ritik Creation at and from
Room No.20, Ground Floor, Gulam Mohmad
Building, Navroji Hill Road No.7, Dongri,
Mumbai – 400 009.
...Plaintiff.
V/s.
1. NILESH DATTARAM KAMBLE
Age not known of Mumbai an adult Indian
inhabitant working for gain BMC, “C” Ward,
Shreekant Palrekar Marg, Chandanwadi,
Mumbai – 400 002. Emp Code No.4247146.
Residing at Tranzist Camp, Room No.3, Near
BMC “B” Ward Office, Babula Tank Cross Lane,
Mumbai – 400 009.
2. SHALINI NILESH KAMBLE
Age not known of Mumbai an adult Indian,
inhabitant Residing at Tranzist Camp, Room
No.3, Near BMC “B” Ward Office, Babula Tank
Cross Lane, Mumbai – 400 009. ....Defendant
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Appearances:
Ld. Adv. Ramesh Jain for plaintiff.
None present for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 10th February, 2022
J U D G M E N T
(Exparte)
1. The present suit is filed for recovery of amount of
Rs.1,12,587.39/ (Rupees One Lakh Twelve Thousand Five Hundred
Eighty Seven and Thirty Nine Paise Only) alongwith further interest on
the principal amount of Rs.80,000/(Rupees Eighty Thousand only) at
the rate of 18% per annum from the date of suit till its actual
realisation.
2. The facts in brief are as follows:
The plaintiff is a businessman. The defendant No.1 is
working in BMC and Defendant No.2 is the acceptor of the demand bill
of exchange on 02.04.2017. defendant No.1 for valuable consideration
of Rs.80,000/ drew a demand bill of exchange on defendant No.2 in
favour of the plaintiff. The plaintiff paid the amount of Rs.80,000/
On 03.05.2017 the plaintiff presented the demand bill of exchange to
both the defendants but the defendants failed to pay the amount. The
plaintiff on several occasions called upon the defendants to pay the sum
of Rs. 80,000/ alongwith interest at the rate of 18% per annum but the
defendants on one or other pretext failed to make the payment.
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On 23.02.2019 plaintiff issued legal notice calling upon the defendants
to pay the amount but the defendant inspite of receipt of Notice failed
to pay the amount. The plaintiff therefore filed the present suit and
prayed to decree the suit.
3. The defendants were duly served but they failed to appear
and therefore, suit was proceeded Exparte against defendants as per
order dated 21.09.2021.
4. The plaintiff filed his claim affidavit vide Exh.03 alongwith
list of documents vide Exh.4. The plaintiff filed the demand bill of
exchange dated 02.04.2017 alongwith Office copy of legal notice dated
23.02.2019 vide Exh.6. It seems that the present suit is based on the
demand bill of exchange executed by the defendant No.1 in favour of
the plaintiff. The defendant No.2 also signed the bill of exchange as
acceptor. The defendant No.1 received the amount of Rs.80,000/ on
02.04.2017 but thereafter failed to acknowledge the amount. The
defendant Nos.2 also failed to pay the sum of Rs.80,000/ and thus the
defendants dishonoured the Bill of Exchange. The plaintiff therefore,
filed the present suit. The documents at Exh.5 shows that the bill of
exchange bears the signatures of defendant No.1 and 2. The defendants
also received the Notices but they failed to comply the same.
It therefore seems that the defendants are liable to make the payment.
5. The defendant No.1 and 2 failed to appear before the
Court. They failed to challenge the oral and documentary evidence of
plaintiff. They failed to crossexamine P.W.1. The evidence of plaintiff
has therefore gone unchallenged. The plaintiff proved that a bill of
exchange was drawn by defendant No.1 in favour of plaintiff and it was
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accepted by defendant No.2 On failure of defendant No.1 to pay the
amount the defendant No.2 was liable to make the payment but she
also failed to pay the same. Hence, plaintiff is entitled for the decree.
6. The plaintiff demanded the principal amount with further
interest at the rate of 18% per annum. The interest at the rate of 18%
per annum is exorbitant and therefore, it cannot be granted to the
plaintiff. Considering the nature of transaction the interest at the rate
of 9% per annum will suffice the purpose of justice therefore, I, proceed
to pass the following order:
ORDER
1. The Summary Suit no. 914 of 2019 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay the amount
of Rs.1,12,587.39/ (Rupees One Lakh Twelve Thousand Five
Hundred Eighty Seven and Thirty Nine Paise Only) to the plaintiff
along with interest at the rate of 9 percent per annum on the
principal amount of Rs.80,000/(Rupees Eighty Thousand only)
from the date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 10022022 City Civil Court, Gr. MUMBAI
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Directly typed on : 10022022
checked on : 10022022
Signed on : 10022022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.02.2022 at 4.05 p.m.
UPLOAD DATE AND TIME (SIDDHESH SHIRKE)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
10.02.2022
Judgment/order signed by P.O. on 10.02.2022
Judgment/order uploaded on 10.02.2022
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