Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 1072 of 2019 .. J/1 .. Exparte Judgment
MHCC010101542019
Presented on 04-10-2019
Registered on 08-11-2019
Decided on 07-03-2022
Duration Yrs. M. Days
02 02 03
CNR No. MHCC010101542019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 1072 OF 2019
RAMESHKUMAR BABULAL SHAH
aged about 59 years, of Mumbai, an adult
Indian inhabitant having his address at 12,
Kakad Wadi, Ground Floor, Mogre Building,
V. P. Road, Bombay – 400 004. ...Plaintiff.
V/s.
1. RAGHUNATH SHANKAR PAWAR
Age not known, of Mumbai an adult Indian
inhabitant, working for gain with Municipal
Corporation of Greater Mumbai, Water
Department, Banganga Udnachan Kendra
Bhagwanlal Indrajit Road, Walkeshwar,
Mumbai – 400 006.
and residing at A1, 1612, Ambedkar Nangar,
Opp. Race course, Mahalaxmi, Mumbai –
400 034.
2. PRABHAKAR AABAJI GHADGE
Age not known, of Mumbai an adult Indian
inhabitant, working for gain with Municipal
Corporation of Greater Mumbai, Water
Department, Banganga Udnachan Kendra,
Bhagwanlal Indrajit Road, Walkeshwar,
Mumbai – 400 006.
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and residing at Room No.3, Sawant Niwas,
Gavdevi Road, Tembhi Pada, Bhandup,
Mumbai – 400 078. ..Defendants
Appearances:
Ld. Adv. Dileep Satale for plaintiff.
None present for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 07th March, 2022.
J U D G M E N T
(Exparte)
1. The present suit is filed for recovery of amount of
Rs.38,573/(Rupees Thirty Eight Thousand Five Hundred and Seventy
Three only) alongwith further interest on the principal amount of
Rs.35,000/ (Rupees Thirty Five 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 an adult carrying out his business.
Defendant No.1 is working at BMC. Defendant No.1 drew a bill of
exchange for a sum of Rs.35,000/ taken from plaintiff. Defendant No.
2 is the acceptor of the demand bill of exchange. On 06.02.2019
defendant No.1 for valuable consideration of Rs.35,000/ drew a
demand bill of exchange on defendant No. 2 in favour of the plaintiff.
The plaintiff paid the amount of Rs.35,000/ On 08.03.2019 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. 35,000/
alongwith interest at the rate of 18% per annum but the defendants on
one or other pretext failed to make the payment. On 20.08.2019
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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 08.11.2021.
4. The plaintiff filed his claim affidavit vide Exh.3 alongwith
list of documents vide Exh.4. The plaintiff filed the demand bill of
exchange dated 06.02.2019s alongwith Office copy of legal notice dated
20.08.2019 with acknowledgement vide Exh.5 & 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 obtained
the amount of Rs.35,000/ on 06.02.2019 but thereafter failed to
acknowledge the amount. The defendant No.2 also failed to pay the
sum of Rs.35,000/ 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 Nos. 1 and 2. The defendants also received the Notice but
they failed to comply the same. It therefore seems that the defendants
are liable to make the payment.
5. The defendant Nos.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
accepted by defendant No.2. On failure of defendant No.1 to pay the
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amount the defendant No. 2 was liable to make the payment but he
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. 1072 of 2019 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay the amount
of Rs.38,573/ (Rupees Thirty Eight Thousand Five Hundred and
Seventy Three Only) to the plaintiff along with interest at the rate
of 9 percent per annum on the principal amount of Rs.35,000/
(Rupees Thirty Five 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.: 07032022 City Civil Court, Gr. MUMBAI
Directly typed on : 07032022
checked on : 07032022
Signed on : 07032022
( 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”
07.03.2022 at 05.15 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
07.03.2022
Judgment/order signed by P.O. on 07.03.2022
Judgment/order uploaded on 07.03.2022
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