Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010128402019
Presented on 07122019
Registered on 01022020
Decided on 15-09-2022
Duration Yrs. M. Days
02 09 08
CNR No. MHCC010128402019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.153 OF 2020
Rajiv L. Hingu
Age: 37 years, occupation : Advocate,
Address: Office No. 17, 3rd Floor, 9799,
Bora Bazaar Street, Fort,
Mumbai – 400 001. ...Plaintiff.
V/s.
Gunjan Kadakia
An adult, Occupation: Business,
Address: Sona Steel Enterprises 301,
Vyapar Bhavan, Building No. 368370,
Narshi Natha Street, Masjid Bunder,
Mumbai – 400 009. ....Defendant.
Appearances:
Ld. Adv. Mr. Deepraj Shetye for plaintiff.
None present for defendant.
M
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Suit 153 of 2020 .. J/2 .. Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 15th September, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of sum of Rs.50,000/ alongwith interest at the rate of 18% per annum
from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff is an Advocate enrolled with the Bar Council
of Maharashtra & Goa, High Court, Bombay on 18.07.2008 and is
practising as a lawyer. The defendant is a partner in a firm namely
Sona Steel Enterprises. The defendant was in a need of legal
professional for vetting the title deeds of the property and for drafting
relevant documents. The defendant approached the plaintiff in the year
2018. After several meetings, the defendant agreed to pay the
professional fees of Rs.50,000/ to the plaintiff for vetting the title
deeds and for drafting the relevant documents. The plaintiff drafted the
various documents and same were mailed to the defendant from time to
time. The defendant gave assurances to pay the fees in two equal
installments. The plaintiff sent the advance memo and thereafter final
bill. However, the defendant failed to pay the legal fees. Inspite of
several assurances the defendant had not paid the legal fees to the
plaintiff and therefore the plaintiff filed the present Summary Suit and
prayed to pass decree for an amount of Rs.50,000/ alongwith interest.
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Suit 153 of 2020 .. J/3 .. Judgment
3. The defendant was duly served but she failed to appear and
therefore, suit was proceeded Exparte against the defendant as per the
order dated 14.02.2022.
4. The plaintiff examined himself as P.W.1 and filed his
documents vide Exh.5 to 9. The plaintiff filed his Identity Card vide
Exh.5. The printouts of the Email exchanged between the plaintiff and
defendant vide Exh.6(Colly). The plaintiff filed Certificate under
Section 65B of the Indian Evidence Act vide Exh.9. The defendant
failed to appear and challenge the oral and documentary evidence of
plaintiff. The defendant also had choosen to remain absent, it therefore
seems that the defendant admitted the claim of plaintiff. The plaintiff
filed the documents which shows that as agreed between the plaintiff
and defendant, the plaintiff drafted the sale Deeds and other relevant
documents required towards property of the defendant. The defendant
availed legal services of the plaintiff but failed to pay the professtional
fees. The defendant was sent draft documents through Email but
inspite of acknowledging the same the defendant failed to pay the
professional fees. There is no challenge to the documents filed by the
plaintiff. Even the defendant was issed legal notice which was served to
her but she failed to appear, it therefore, seems that the defendant
inspite of availing the services had not given the professional fees to the
plaintiff. The plaintiff is therefore entitled for the amount towards the
legal fees.
5. The plaintiff demanded the amount with 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
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Suit 153 of 2020 .. J/4 .. Judgment
annum will suffice the purpose of justice therefore, I, proceed to pass
the following order:
ORDER
1. The Summary Suit No.153 of 2020 is decreed with costs.
2. Defendant shall pay the amount of Rs.50,000/ (Rupees Fifty
Thousand Only) to the plaintiff along with interest at the rate of
9 percent per annum from the date of filing suit till its actual
realization.
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.
6. R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 15092022 City Civil Court, Gr. MUMBAI
Dictated on : 15092022
Transcribed on : 15092022
checked on : 15092022
Signed on : 15092022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Suit 153 of 2020 .. J/5 .. Judgment
ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.09.2022 at 05.15 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of
judgment/order
15.09.2022
Judgment/order signed by P.O.
on
15.09.2022
Judgment/order uploaded on 15.09.2022
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