Final Order 1

Order Details: Other
Pdf Text: ..1.. Summons for Judgment
No.264/2019
MHCC010118732019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
SUMMONS FOR JUDGMENT NO.264 OF 2019
IN
SUMMARY CIVIL SUIT NO.49 OF 2019
(CNR NO.MHCC010140272018)
DILIPKUMAR ATMARAM NAGPAL ..Plaintiff
VERSUS
TECHNO SAT COMM (INDIA) PVT LTD
& OTHERS. ..Defendants
Appearance :
Learned Adv. Yojana Rane for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 12/06/2023
O R D E R
1 This summary suit is filed seeking decree against the
defendants for an amount of Rs.6,02,500/ (Rupees Six Lakhs Two
Thousand and Five Hundred only) alongwith further interest on
Rs.5,50,000/ (Rupees Five Lakhs Fifty Thousand only) at the rate of
18% p.a. It is the contention of plaintiff that the defendants have
requested the plaintiff to raise funds to Rs.15,00,000/ (Rupees Fifteen
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No.264/2019
Lakhs only) to which the plaintiff agreed upon, after signing by the
defendants in his favour. The interest and repayment schedule was
agreed mutually and the defendants have agreed to pay the amount in
installments. Thus, the plaintiff paid the amount to the defendants
through cheques. As per the repayment schedule, the defendants have
paid amount in small installments, but the two cheques dated
10/08/2018, issued by the defendants dishonoured for want of
insufficient funds. The plaintiff issued notice to the defendants. The
plaintiff issued notice through his Advocate on 28/08/2018, calling
upon the defendants to pay the balance amount of Rs.5,50,000/
(Rupees Five Lakhs Fifty Thousand only), but they failed to pay.
Consequently, the plaintiff has filed this suit for recovery of amount of
Rs.5,50,000/ (Rupees Five Lakhs Fifty Thousand only) with interest
from the date of default till filing of the suit which is calculated to
Rs.6,02,500/ (Rupees Six Lakhs Two Thousand and Five Hundred
only) with further interest at the rate of 18% p.a. on the balance
amount of Rs.5,50,000/ (Rupees Five Lakhs Fifty Thousand only).
2 In response to the summons for appearance, the
defendants appeared and tendered their appearances. Consequently,
the plaintiff took out the summons for judgment and served a copy of
the same to the defendants vide service of affidavit (Exh07) and as per
the roznama dated 07/03/2020, the defendants failed to reply.
Consequently, the matter proceeded without reply for summons for
judgment.
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No.264/2019
3 Inconsequence to failure to reply to summons for
judgment or to seek leave to defend, the matter is proceeded further as
if it is exparte suit. Therefore, the plaintiff has filed its claim affidavit
on 20/03/2021 vide Exh07A and narrated these facts corroborating
his case. The plaintiff has also relied on the bill of exchange vide Exh
09 and the dishonoured cheques vide Exh10 alongwith copy of notice
Exh11. These two cheques are amounting to Rs.5,50,000/ (Rupees
Five Lakhs Fifty Thousand only). The notice at Exh11 shows that the
plaintiff called upon the defendants to pay the amount of the cheques
which are dishonoured by the bank having remark “refer to drawer”.
Considering the original documents and the case of plaintiff, I am of
the view that the defendants have availed funds raised by the plaintiff,
but failed to repay the entire amount. Thus, the plaintiff is entitled for
recovery of amount of Rs.5,50,000/ (Rupees Five Lakhs Fifty
Thousand only) due as on 13/08/2018.
4 So far as the interest is concerned, there is no document to
show that there was an agreement regarding the schedule of payment
and interest thereupon. The defendants have paid the part amount but
failed to repay the remaining amount of Rs.5,50,000/ (Rupees Five
Lakhs Fifty Thousand only). Thus, on issuance of notice, it became
incumbent on the defendants to pay the amount due. In absence of
any agreement regarding interest, it cannot be said that the plaintiff is
entitled for charging interest at the rate of 18% p.a. However, the
failure on the part of the defendants to pay the balance amount shows
that the amount remaining is lying with the defendant. Had it been
paid to the plaintiff as per the schedule, he would have invested and
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would have earned profit therefrom. Therefore, I am of the view that
the plaintiff is entitled for interest at the rate of 12% p.a. from the date
of default till its full realisation. Hence, I proceed to pass the following
order :
ORDER
1. Summons for Judgment No.264/2019 in Summary
Civil Suit No.49/2019 is hereby allowed.
2. Summary Civil Suit No.49/2019 stand decreed.
3. The defendants do pay the plaintiff sum of
Rs.5,50,000/ (Rupees Five Lakhs Fifty Thousand
only) alongwith interest at the rate of 12% p.a. from
the date of default i.e. 13/08/2018, till its full
realisation.
4. Decree be drawn up accordingly.
(Order pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Gr. Bombay.
Date: 12/06/2023. C.R. No.15
Dictated on : 12/06/2023.
Transcribed on : 13/06/2023.
Draft corrected on : 14/06/2023.
Signed by HHJ on : 14/06/2023.
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No.264/2019
“Certified to be true and correct copy of the original signed order”.
14/06/2023 (Ms. Sonali Sawant)
at about 05.05 p.m. Stenographer (Grade III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court and
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 12/06/2023
Order signed by Hon'ble Judge on : 14/06/2023
Order uploaded on : 14/06/2023
at about 05.05 p.m.
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