Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010127952019
Presented On :- 06/12/2019
Registered On :- 04/01/2020
Delivered On :- 04/03/2021
Duration :- Y-01/M-03/D-00
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 59 OF 2020
Exhibit-10
Manohar Khandu Kalbhor, age 45 years, Indian
Inhabitant, carrying on business at Patra Chawl
Near Gujarathi School, Subhash Nagar, New
Mill Road, Kurla (W), Mumbai-400 070 ….Plaintiff
Vs
Nanda Anil Ubale, adult, working for gain with
Rajawadi Municipal Hospital,
E.C.No.4292483, P.C.No.6475, Rajawadi,
Ghatkopar (E), Mumbai
400 077 and residing at Room No.20, Sarswati
Chawl, Pestom Sagar, Opp. Ambedkar College,
P.L. Lokande Marg, Mumbai-400 089 ....Defendants
SUIT FOR RECOVERY OF Rs.1,50,000/-
Appearance:-
Adv.Mr. Rajesh M. Patil for the Plaintiff.
Exparte against Defendants.
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2 Sum. Suit No.59/2020
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 04/03/2021
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 has advanced and lent to the defendant the
sum of Rs.1,50,000/- on 25/08/2018 in cash to that defendant has
issued post dated cheque of Rs.1,50,000/- in favour of the plaintiff, post
dated to 11.10.2019. When the said cheque was deposited to the Bank
on 14.10.2019 same was dishonoured. Inspite of repeated request and
demand by the plaintiff, defendant failed and neglected to pay the
same. Ultimately plaintiff by his advocate letter dated 12.11.2019 by
hand delivery, demanded the said sum of Rs.1,50,000/- but defendant
failed and neglected either to pay the said sum or to reply the said
demand. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.1,50,000/-.
3. The suit summons were duly served on the defendant but
he 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 :-
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3 Sum. Suit No.59/2020
POINTS FINDINGS
1 What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.1,50,000/- with
interest
@ 9% per annum
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.
Exhibit.
No.
Description of documents Date
7 Dishonoured Cheque 11/10/2019
8 Memo of dishonoured 14/10/2019
9 Notice of Demand 12/11/2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to
9 goes to establish that plaintiff has given amount of Rs.1,50,000/- to
the defendant. The documents further proves that the amount of
Rs.1,50,000/- is due and payable to the plaintiff from defendant
towards the amount. The defendant have failed to repay the said
amount to the plaintiff. The documents at list Exhibits-7 to 9 goes to
establish that the defendant is liable to pay Rs.1,50,000/- to the plaintiff
on the date of filing of the suit towards the said amount and therefore,
the defendant have failed to repay the said amount to the plaintiff. In
this background, it is held that plaintiff is entitled to recover sum of
Rs.1,50,000/- from the defendant.
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4 Sum. Suit No.59/2020
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 no contract pertaining to the same between the parties. In
the present case, the transaction is commercial one and there is no
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a commercial one and rate
of interest @ 9% per annum would be just and proper to be awarded on
the principal sum adjudged i.e. amount of Rs.1,50,000/-. 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.1,50,000/- from the defendant
with interest at the rate of 9% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from defendant. Hence, in answered to point No.2, I proceed to pass the
following order.
O R D E R
1. The defendant shall pay Rs.1,50,000/- (Rs. One Lakh
Fifty Thousand Only) to the plaintiff with interest at the
rate of 9% per annum from the date of filing of the suit
till its realization.
2. Defendant 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 :04/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :04/03/2021
Typed on :04/03/2021
Signed on :
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5 Sum. Suit No.59/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.03.2021 05.20 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.59)
Date of Pronouncement of
JUDGMENT/ORDER
04/03/2021
JUDGMENT/ORDER signed by
P.O.on
04/03/2021
JUDGMENT/ORDER uploaded on 04/03/2021
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