Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 192/2019 1
Received on : 04012019
Registered on : 25012019
Decided on : 02082019
Duration : 00Y 07M 00D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 192 of 2019
(CNR NO.: MHCC010001902019)
Rameshkumar Babulal Shah
aged about 58 years,
of Bombay, an adult Indian Inhabitant
having his address at 12, Kakad Wadi,
Ground floor, Mogre Building, V.P.Road,
Bombay400 004. ...Plaintiff
Versus
1. Pawan P Pednekar
(Full name & Age not known)
an adult Indian Inhabitant, working for gain
with National Assurance Co.Ltd.,3rd floor,
J.Tata Road, Churchgate, Mumbai400 020
and residing at R.No.174/9, G.I.C.Staff
Quarters, Tata Power, Magathane,
Borivali(E), Mumbai400 066.
2. Mahesh R Kadam
(Full name & Age not known)
an adult Indian Inhabitant,working for gain
with National Assurance Co.Ltd.Maker Apartment
-- 1 of 5 --
SUMMARY SUIT 192/2019 2
Nathibai Damodar Road, New Marine Lines,
Near Churchgate(E), Mumbai400 020 and
residing at R.No.172/9, G.I.C.Staff
Quarters, Tata Power, Magathane,
Borivali(E), Mumbai400 066. ...Defendants
Appearances:
Advocate Ms.Divya Jain & Ms.Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 2ND AUGUST 2019
J U D G M E N T
This is a suit for recovery of Rs.26,588/(Rupees Twenty Six
Thousand Five Hundred and Eighty Eight only).
2. Plaintiff case in nutshell is that on 11/01/2017, defendant No. 1
for valuable consideration of Rs.20,000/ received from the plaintiff,
drew a bill of exchange directing defendant No.2 to pay plaintiff
Rs.20,000/ on demand. On 10/02/2017 plaintiff presented the bill of
exchange to defendant No.2 but it was dishonoured. Defendant No.1
also refused to pay the said amount. Both defendants are in default of
Rs.26,588/(Rupees Twenty Six Thousand Five Hundred and Eighty
Eight only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
-- 2 of 5 --
SUMMARY SUIT 192/2019 3
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
defendants have executed bill of
exchange for valuable
consideration?
Yes
2. Whether plaintiff proves that
amount of Rs.26,588/(Rupees
Twenty Six Thousand Five
Hundred and Eighty Eight only) is
due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.26,588/(Rupees
Twenty Six Thousand Five
Hundred and Eighty Eight only)
with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exh.5 and filed original
bill of exchange, and advocate demand notice.
6. Heard Ld.counsel for plaintiff.
7. Affidavit is supported by documentary evidence. The original bill
of exchange and advocate demand notice shows that on 11/01/2017
defendant No. 1 for valuable consideration of Rs.20,000/ received from
-- 3 of 5 --
SUMMARY SUIT 192/2019 4
the plaintiff, drew a bill of exchange directing defendant No.2 to pay
plaintiff Rs.20,000/ on demand. On 10/02/2017 plaintiff presented the
bill of exchange to defendant No.2 but it was dishonoured. Defendant
No.1 also refused to pay the said amount. Both defendants are in
default of Rs.26,588/(Rupees Twenty Six Thousand Five Hundred and
Eighty Eight only). As far as rate of interest is concerned plaintiff has
claimed interest @ 18% p.a.As per section 80 of N.I.Act 1882 such rate
of interest can be granted. Therefore, point No.1 to 3 are answered as
'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to plaintiff amount of
Rs.26,588/(Rupees Twenty Six Thousand Five Hundred and Eighty
Eight only) with interest @ 18% p.a. from the date of filing of the suit
till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 02/08/2019 City Civil Court,Gr. Bombay
Dictated on : 02/08/2019
Transcribed on : 08/08/2019
Signed on : 19/08/2019
-- 4 of 5 --
SUMMARY SUIT 192/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/08/2019 at 12.40p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
01/08/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 19/08/2019
-- 5 of 5 --