Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010136432019
Presented on 02-12-2019
Registered on 02-01-2020
Decided on 10-04-2023
Duration Yrs. M. Days
03 04 08
EXHIBIT- 13
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
IN
SUMMARY SUIT NO. 12 OF 2020
Unicorn Communications, a proprietary
concern, through its sole proprietor Shri.
Rajkumar Lalchand Pahuja, carrying on
business from Shop No. 10, Navjiavan
Society, 565, Mori Road, Mahim West,
Mumbai 400 16.
...Plaintiff
VERSUS
Siddharth Avinash Patil, residing at 8-B,
Keshav Smruti, S.K.S. Marg, Dadar West,
Mumbai- 400 028.
...Defendant
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2 Exp.Judg in Sum Suit No.12/2020
Appearance :
Ld Adv Parimal Joshi for plaintiff.
Defendants absent (
Exparte).
Coram : D.R. S. D. TAWSHIKAR
(Court Room No.61)
Heard on : 10-04-2023
Decided on : 10-04-2023
ORAL ORDER
(Dictated and pronounced in Open Court)
This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil Procedure, 1908 (for short 'CPC') for recovery of sum of
Rs. 49,602/-.
2. Plaintiff contends that plaintiff is engaged to the business
of online booking of Air Tickets. Defendant who happens to be a friend
of plaintiff, had booked two tickets on 07-11-2017 amounting to Rs.
49,602/-. The copy of E-Ticket is placed on record. It is contended that
towards the repayment of ticket price defendant issued a cheque of Rs.
49602/- bearing cheque No.137501 dated 20-11-2017 drawn on ICICI
Bank, Mahim(W), Branch Mumbai. The said cheque when presented
was dishonored. Plaintiff issued demand notice on 06-07-2018. The said
notice was not replied, however defendant orally assured the payment.
Despite assurance, no payment is made, therefore, plaintiff has filed
present suit.
3. Defendant served with Writ of Summons, he caused
appearance through his lawyer. Thereafter, plaintiff took out Summons
for Judgment No.82/21 (SJ) as per Rule 3 of Order XXXVII of CPC.
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Despite service of SJ, defendant failed to file reply. Therefore, suit
proceeded exparte.
4. Plaintiff has filed affidavit-in-chief at Exh.09. Plaintiff has
also placed on record the copy of E-Tickets. The original dishonoured
cheque along with cheque return memo is at Exh.11colly. The copy of
demand notice along with postal acknowledgment showing its deliver is
at Exh.12.
5. Admittedly, cheque issued by the defendant got
dishnoured. The amount against the said cheque is yet not repaid. Thus,
plaintiff enjoys presumption u/s. 118 as well as u/sec. 139 of
Negotiable Instruments Act 1881 (NI Act).
6. Sub rule 6(a) of Rule 3 of Order XXXVII of CPC, entitles
plaintiff for judgment forthwith on failure of defendant to seek leave to
defend. In matter in hand defendant failed to seek leave to defend and
therefore plaintiff has become entitled for the judgment.
7. The claim affidavit as well as documents filed on record do
support the claim of plaintiff. The allegations in the plaint are gone
unchallenged. There is no reason to doubt the claim raised by the
plaintiff. Hence, I hold that plaintiff is entitle for the judgment and
decree, without further proof.
8. So far as aspect of interest on principal amount is
concerned, plaintiff has not prayed any interest. However, Ld advocate
for the plaintiff submits that even if the plaintiff has not sought for
interest, this Court u/s. 34 of CPC has discretion to award reasonable
interest on the decreetal amount. He, thus request to award interest
from the date of filling of the suit till realization of the entire amount.
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9. Section 34 of CPC provides discretion to the Court to grant
interest at such rate as the court deems reasonable to be paid on the
principal sum adjusted from the date of the suit to the date of the
decree. The court is further vested with the discretion to award further
interest at such rate not exceeding 6% p.a. from the date of decree to
the date of payment. Considering the nature of the suit, I find this is a
fit case to exercise discretion to award interest on principal amount.
Therefore, I hold that though the plaintiff has not claimed interest, still
this Court in its discretion can award reasonable interest. I find it just
and proper to award interest at the rate of 6% p.a. from the date of
filing of the suit till realization of entire amount. Hence, I pass order-
ORDER
A Summary Suit No. 12/2020 is decreed with costs.
B Defendant shall pay an amount of Rs.49,602/- (Rupees Forty
Nine Thousand Six Hundred Two only) to the plaintiff along with
interest at the rate of 06% p.a. from the date of filing of the suit
i.e. 02-12-2019 till realization of entire amount.
C Court Fees be refunded to the plaintiff, as per rules.
D Decree be drawn up accordingly.
E In view of the above, SJ No. 82/2021 is disposed of accordingly.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Date: 10-04-2023. Court Room No.61
Dictated on : 10-04-2023
Transcribed on : 11-04-2023
Corrected on : 11-04-2023
Printed and Signed on: 12-04-2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12-04-2023 at 5.55p.m. Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
10-04-2023
JUDGMENT/ORDER signed by P. O. on 12-04-2023
JUDGMENT/ORDER uploaded on 12-04-2023
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