Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010127932019
Presented on 06-12-2019
Registered on 06-01-2020
Decided on 17-08-2024
Duration Year Month Days
04 08 11
CNR No. MHCC010127932019
EXH.8
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.86 OF 2020
Manohar Khandu Kalbhor,
Age 45 years,
Indian Inhabitant, carrying at business at Patra
Chawl Near Gujrathi School, Subhash Nagar,
New Mill Road, Kurla (W),
Mumbai – 400 070.
...Plaintiff.
V/s.
Nitesh Ganpat Kamble,
Age- Adult, working for gain with B.M.C Office,
M/W Ward, Dept-CONSY;
EC No.4266046, P.C. No.6206,
1st Road, Chembur, Mumbai 400 071.
R/a Jai Ganesh CHS; Room No.304, 3rd Floor, B-
Wing, Plot No.34,, Kamothe,
Navi Mumbai – 410 209.
...Defendant.
-- 1 of 6 --
Suit 86 of 2020 .. J/2 .. Judgment
Appearance :
Adv. Rajesh Patil : for Plaintiff
Ex parte : for Defendant
HIS HONOUR JUDGE
N. B. LAVTE
(C.R.No.83)
17th August, 2024
J U D G M E N T
(Ex-parte)
(Suit under Order XXXVII of C.P.C.)
This is a suit for recovery of an amount of Rs.2,80,000/-
alongwith interest @ 18% p.a.
2. The brief facts of the plaintiff’s case is that:
The plaintiff lent and advanced to the defendant the sum of
Rs.2,80,000/- on 25.08.2018 in cash and towards refund of the said
amount, defendant issued post dated cheque bearing of Rs.2,80,000/-
on 25.10.2019. The said cheque on presentation was dishonoured and it
was returned as per the bank memo dated 30.10.2019. The defendant
promised to pay the principal amount with interest at the rate of 18%
p.a. The defendant failed and neglected to pay the said sum, legal
notice dated 12.11.2019 was issued however, inspite of receipt of
notice, defendant failed to pay the amount. Hence suit.
-- 2 of 6 --
Suit 86 of 2020 .. J/3 .. Judgment
3. The defendant was duly served but, he failed to appear
hence, suit was proceeded Ex-parte as per order dated 16.02.2021.
4. From the pleading of plaintiff, following points arise for my
consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Whether the plaintiff is entitled for recovery of an
amount of Rs.2,80,000/- with 18% p.a. ?
Partly
affirmative.
2. What order and decree ? As per final
order.
REASONS
5. In order to substantiate claim, plaintiff filed his evidence
affidavit vide Exh.3 and also placed reliance on the documents namely,
cheque (Exh.5), copy of memo (Exh.6) and copy of notice. By filing
pursis Exh.7 closed evidence.
AS TO POINT NO.1.
6. Heard Adv. Patil for plaintiff and gone through the
documents on record. The suit is based on the chque Exh.5. According
to Adv. Patil the entire contents of the plaint and evidence affidavit has
gone unchallenged and prayed for decreeing the suit.
7. After going through the documents more particularly the
cheque Exh.5 and retur memo Exh.6 it reveals that when the cheque
-- 3 of 6 --
Suit 86 of 2020 .. J/4 .. Judgment
was presented for encashment, it returned back with remark “refer to
drawer”. In the evidence affidavit, plaintiff on oath reiterated the
contents of the plaint, however, as the suit proceeded ex-parte, there is
no any challenge to the contents of the plaint and the evidence
affidavit. Thus, the entire case of the plaintiff has gone unchallenged,
therefore, it will have to be accepted, unless the suit is not within
limitation. As the amount was given on 25/08/2018 and suit is filed on
06/12/2019, the same is within limitation.
8. Therefore, the defendant is liable to pay the principal
amount with interest accrued upon it. The plaintiff calculated the
amount of Rs.2,80,000/- till the date of filing of the suit. Considering
the nature of transaction it would not be appropriate to grant further
interest at the rate of 18% p.a. But interest at the rate of 9% p.a would
be just and reasonable one. Hence, Point No.1 is answered accordingly.
AS TO POINT NO.2:
9. In view of my finding to Point No.1, the suit is liable to be
decreed with costs and plaintiff is entitled to recover an amount of Rs.
Rs.2,80,000/- with interest @ 9% p.a. In the result, I proceed to pass
following order.
ORDER
1. The Summary Suit No.86 of 2020 is decreed with costs.
2. The defendant is hereby directed to pay an amount of
Rs.2,80,000/- (Rs.Two Lakh Eighty Thousand only) to plaintiff with
interest at the rate of 9% p.a from the date of the filing of the suit
till its realization.
-- 4 of 6 --
Suit 86 of 2020 .. J/5 .. Judgment
3. The decree be drawn up accordingly.
4. R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:17-08-2024 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 17-08-2024
Transcribed on : 26-08-2024
checked on : 26-08-2024
Signed on : 26-08-2024
(N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
-- 5 of 6 --
Suit 86 of 2020 .. J/6 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.08.2024 at 05.45 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
17.08.2024
Judgment/order signed by P.O. on 26.08.2024
Judgment/order uploaded on
due to non working of cis
26.08.2024
-- 6 of 6 --