United Ind vs J.B. Praja

United India Insurance Ltd Vs J.B. Prajapati Trasport

Case Details

Case Type	SMST S
Filing Number	10/2016
Registration Number	10/2016
Filing Date	13-05-2016
Registration Date	13-05-2016

First Hearing Date	15th July 2016
Decision Date	07th December 2018
Case Status	Case Disposed
Court Number and Judge	11-2Nd Addl. Sr. Civil Judge & A.C.J.M.;
Nature of Disposal	Contested--Allowed;

Petitioners & Respondents

Petitioner

United India Insurance Ltd, Rushil Decor Ltd, ;

Petitioner Advocate

S.C.Vakharia;

Respondent Name

J.B. Prajapati Trasport;

Respondent Advocate

M.I.Prajapati;

Order Details

Order not found.

Final Order Judgement

Order Date

07-12-2018

xyz 1/5 Special Summary Suit No. 10/2016 Presented on 13/05/2016 Registered on 13/05/2016 Decided on 07/12/2018 Duration BEFORE THE HON'BLE 3rd SENIOR CIVIL JUDGE COURT AT GANDHINAGAR Special Summary Civil Suit No.10/2016 Order below Exh – 14 Plaintiffs (1) United India Insurance Co. Ltd Its registered office at 24, Whites Road, Chennai 600014 And having its Branch Office at Tower No. 2, Unit No. 6, Infocity, Gandhinagar (2) M/s Rushil Decor Ltd, Registered office at 1, Krinkal Apartment, Mahalxmi Society, Paldi, Ahmedabad 380007 Versus Defendant J.B.Prajpatei Transport, Transport Contractor & Commission Agent, Vijapur Road, District Gandhinagar 2/5 Special Summary Suit No. 10/2016 Subject Suit for recovery of Rs. 12,35,603/ with cost and interest. Ld. Advocate for the Plaintiffs Sharad C. Vakharia Ld. Advocate for the Defendant S.S.Thakro and M.I.Prajapati :: JUDGEMENT :: (1)... As per the pleadings of the plaintiffs, the plaintiffs have filed the present suit against the defendant under Order 37 Rule 1 and 2 of the Code of Civil Procedure for recovery of Rs. 12,35,603/ along with cost and interest at the rate of 18 % till the date of realization from the filing of the suit. (2)... On presentation of the suit filed under Order 37 of the Code of Civil Procedure, this court issued summons for appearance to the defendant. On service of summons for appearance to the defendant, the defendant entered his appearance. Further, on perusal of the record, it is seen that, the plaintiffs have filed summons for judgment vide Exh. 8 and the defendant have filed leave to defend vide Exh. 7 and Exh. 9. Further, on perusal of the record, it is seen that, this court has passed an common order below Exh. 7, 8 and 9 on date 05/04/2018 and permitted the defendant to defend the suit on condition that, the defendant shall deposit Rs. 50,000/ in the court of Principal Senior Civil Judge, Gandhinagat within 3/5 Special Summary Suit No. 10/2016 45 days. Further, on perusal of the record, it is seen that, inspite of sufficient opportunity given to the defendant to deposit the amount as order, the defendant fails to deposit such ordered amount within stipulated time period. Therefore, this application vide Exh. 14 has been filed by the plaintiff under Order 37 Rule 6(b) of the Code of Civil Procedure to obtain the judgment forthwith. On submission of an application Under Order 37 Rule 6(b) of the Code of Civil Procedure, this court invite the remarks of Nazar, Principal Sr. Civil Court and accordinly, Nazar, Prinicpal Sr. Civil Court makes an endorsement on Exh.14 that, no such amount is deposited in the present suit. Thereafter, arguments of Ld. Advocate was heard. (3)... Heard Ld. Advocate for the Plaintiffs. Read this application Exh 14 filed by the plaintiff along with affidavit, gone through the Order 37 Rule 6(b) of Code of Civil Procedure, pleading of the plaintiff and order passed below summons of judgment affidavit and leave to defend application. Further, perused the documents Mark 3/1 to Mark 3/22 and other papers on record. The Plaintiffs have filed the present suit against the defendant under Order 37 Rule 2 of Code of Civil Procedure. In view of the Order 37 Rule 6(b) of Code of Civil Procedure, if the defendant is permitted to defend as to the whole or any part of the claim, the court or judge may direct 4/5 Special Summary Suit No. 10/2016 him to give such security and within such time as may be fixed by the court or judge and that, on failure to give such security within the time specified by the court or judge or to carry out such other directions as may have been given by the court or judge, the plaintiff shall be entitled to judgment forthwith. It appears from the record that, the defendant failed to deposit an amount of Rs. 50,000/ as ordered below Exh. 7, 8 and 9, therefore, this court is of the firm opinion that, the plaintiff is entitled to judgment forthwith under Order 37 Rule 6(b) of Code of Civil Procedure. Further, it is pertinent to note that, on perusal of record, it appears that, the suit is neither barred by jurisdiction nor limitation. Further, on perusal of the plaint, it transpires that, there is no privity of contract regarding rate of interest between the parties but considering nature of transaction, 7.25 % interest p.a. as reasonable rate of interest to be awarded on the suit claim from the date of the suit till payment. Thus, the plaintiffs are entitled to the decree. Hence, I pass the following order : :: ORDER :: The Suit is decreed under order 37 Rule 6(b) of Code of Civil Procedure Code. Decree against the defendant for Rs. 12,35,603/ ( Rs. Twelve Lakh Thirty Five Thousand Six hundred and three only ) with interest at the rate of 7.25% p.a on outstanding dues of Rs. 12,35,603/ ( Rs. Twelve Lakh Thirty Five 5/5 Special Summary Suit No. 10/2016 Thousand Six hundred and three only ) from the date of the suit till realization and accordingly Exh. 14 is disposed of. No Order as to costs. Decree may be drawn accordingly. Pronounced in open court today on 7th December, 2018 Gandhinagar Date: 07/12/18 (Zafarullakhan Attaullakhan Sindhi) UIC Code No. GJ00647 3rd Sr. Civil Judge, Gandhinagar

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Frequently Asked Questions

The Petitioner in case United India Insurance Ltd vs J.B. Prajapati Trasport is United India Insurance Ltd and 2 more.

The Respondent in case United India Insurance Ltd vs J.B. Prajapati Trasport is J.B. Prajapati Trasport.

The case against J.B. Prajapati Trasportwas filed on 13-05-2016 by United India Insurance Ltd.

The status of case United India Insurance Ltd against J.B. Prajapati Trasport is Case Disposed.