Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010126002019
Presented On :-03.12.2019
Registered On :-06.01.2020
Delivered On :- 17/08/2021
Duration :- Y-01/M-08/D-16
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 79 OF 2020
Exhibit-7
M/s. Octarmal Kantilal & Co.
a Registered Partnership Firm carrying on
business at Shop No.8, Kalyan Building No.2,
Sadashiv Cross Lane, Kandewadi, Bombay-400 004
through its Partner Mr. Parasmal Otarmal Jain
Aged about 64 years ….Plaintiff
..Versus..
1.Dattaram Tanaji Koli
(Age not known)
an adult Indian Inhabitant, working for gain
with India Government Mint, P. D. W. Department
T. No.3704, S. B. Road, Fort, Mumbai-400 023
and residing at R. P. Patil House, New Mandala Village,
Mankhurd, Mumbai-400 094
2. Dinkar Antu Ravidhone
(Age not known)
an adult Indian Inhabitant, working for gain
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2 Sum. Suit No.79/2020
with India Government Mint, S. B. Road,
Mumbai-400 023 ....Defendants
SUIT FOR RECOVERY OF Rs.63,175/-
Appearance:-
Adv. Mr.Dileep Satale for the Plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI, (C.R. NO.61).
DATE : 17/08/2021
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 plaintiff is Partnership Firm. On 24.07.2017,
Defendant No.1 for valuable consideration viz a sum of Rs.45,000/-
received from the plaintiff, drew a bill of exchange directing thereby,
defendant no.2 to pay to the plaintiff or Order at Mumbai a sum of
Rs.45,000/- on Demand. Defendant No.2 accepted the Bill of Exchange
and delivered the same to the plaintiff. On 23/08/2017 plaintiff
presented the Bill of Exchange to the defendant No.2 and demanded
from Defendant No.2 the amounts of Rs.45,000/-. 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.45,000/-. Defendant No.1 also failed and neglected
to pay the said amount of Rs.45,000/- and/or any part thereof. The
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3 Sum. Suit No.79/2020
defendants failed to pay to the plaintiff in-spite of demands, reminders
and receipt of the advocate’s letter dated 25/06/2019. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.63,175/-.
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.63,175/-. with
interest
@ 12% per annum on
principal amount of
Rs.45,000/-
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 Exh.6.
Sr.
No.
Description of documents Date
1 Bill of Exchange 24.07.2017
2 Advocate Letter 25.06.2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No.1 and
2 goes to establish that plaintiff has given amount of Rs.45,000/- to the
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4 Sum. Suit No.79/2020
defendants under bill of exchange of Rs.45,000/-. The documents
further proves that the amount of Rs.63,175/- is due and payable to the
plaintiff from defendants. The defendants have failed to pay the said
amount to the plaintiff. The documents at Sr. No.1 and 2 goes to
establish that the defendants are liable to pay Rs.63,175/- 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.63,175/- from the
defendants.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceeds 6% per annum, if the transaction is commercial
and there is contract pertaining to the same between the parties. In the
present case, the transaction is commercial one and there is no such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, rate of interest @ 12% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.63,175/-. 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.63,175/- from the defendants and
they are also entitled to recover interest on principal amount of
Rs.45,000/- at the rate of 12% 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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5 Sum. Suit No.79/2020
O R D E R
1. The defendants jointly and severally shall pay Rs.63,175/-.
(Rs. Sixty Three Thousand One Hundred Seventy Five only) to
the plaintiff and interest on principal amount of Rs.45,000/- at
the rate of 12% per annum from the date of filing of the suit
till its realization.
2. 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 :17/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :17/08/2021
Typed on :17/08/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/08/2021 04.00 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.61)
Date of Pronouncement of
JUDGMENT/ORDER
17/08/2021
JUDGMENT/ORDER signed by
P.O.on
17/08/2021
JUDGMENT/ORDER uploaded on 17/08/2021
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