Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.222/2019
Received on : 08.01.2019
Registered on : 01.02.2019
Decided on : 25.04.2019
Duration : Y M D
00 03 19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 222 OF 2019
CNR NO.: MHCC010003172019
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,
Bombay – 400 004. ...Plaintiff
Versus
1. Rajesh Ramesh Naik
(Age not known)
an adult Indian inhabitant, working for gain
with Central Railway Stores Ward
No.805/806, 1st Floor, DMS, Behind Maru
Hospital, Dr. B.A. Road, Parel,
Mumbai – 400 012 and residing at R.B.II,
262, Room No.27, 4th Floor, Central
Railway Quarters, Parel, Mumbai – 400 012.
2. Vinod K. Shah (Deleted)
(Full name & Age not known)
an adult Indian inhabitant, residing at 4C5,
Baj Apartment, Saibaba Nagar, Borivali
(W), Mumbai – 400 092. ….Defendants.
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Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 25th APRIL, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that for valuable consideration viz. a sum of
Rs.60,000/ received from him on 8 th August 2017 defendant No.1 drew
a Bill of Exchange directing thereby defendant No.2 to pay on Demand
to him or Order at Bombay, a sum of Rs.60,000/. Plaintiff has further
stated that defendant No.2 accepted the Bill of Exchange and delivered
the same to him on the same day. Plaintiff has further stated that on 7th
September, 2017 he presented the suit Bill of Exchange to defendant
No.2 and demanded from defendant No.2 the amounts due thereunder.
Defendant No.2 dishonoured the same by nonpayment. Plaintiff has
further stated that he thereupon immediately, informed defendant No.1
about the dishonour of the suit Bill of Exchange by defendant No.2 and
demanded from defendant No.1 the said amount of Rs.60,000/
Defendant No.1 also failed and neglected to pay the said amount of
Rs.60,000/ and any part thereof.
2. Plaintiff has further stated that he by his Advocate's letter dated
16th November 2018, recorded the above facts and called upon the
defendants to pay the said amount of Rs.60,000/ and accrued interest.
Plaintiff has further stated that defendants have duly received the said
letter. Plaintiff has further stated that the defendants have failed and
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avoided to comply with the requisitions thereof, and have also not
controverted the contents of the said letter. Therefore, plaintiff filed
this suit.
3. Defendant No.1 failed to appear in the suit, therefore, suit has
proceeded exparte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.74,292/ from
defendant No.1 along with interest @
18% p. a. on the principal sum of
Rs.60,000/ from the date of filing of
the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.10 Bill of Exchange dated 8th August 2017.
2. Exh.11 The Plaintiff's Advocates' letter dated 16th
November 2018 alongwith the Courier records in
respect thereof.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed his evidence in the form of affidavit below Exh.8
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and stated that he has filed the above suit against the defendants
abovenamed for recovery of Rs.74,292/ and for further interest @ 18%
p.a. or at such further rate of interest on the principal amount of
Rs.60,000/ from filing of the suit till realisation and costs of the Suit in
respect of the Bill of Exchange dated 8th August, 2017. He has further
stated that the said Bill of Exchange was executed by defendant No.1
and has been accepted by defendant No.2. He has further stated that he
presented the said Bill of Exchange on 7th September 2017 to the
defendants and the defendants dishonoured the same. He has further
stated that he therefore forwarded his Advocate's letter dated 16th
November 2018 to the defendants and called upon them to pay the said
amount. The defendants failed to pay the said amount and controvert
the contents thereof.
8. Plaintiff has produced all the corroborating documents which are
Original Bill of Exchange and Plaintiff's Advocate letter alongwith
Courier records on record as documentary evidence. The oral evidence
of plaintiff is corroborated by documentary evidence. Defendants have
failed to challenge all the allegations in the plaint and evidence of
plaintiff. The name of defendant No.2 is deleted by plaintiff as per
Order below Exh.5 dated 28.03.2019. Therefore, plaintiff has proved
that he is entitled to get sum of Rs.74,292/ from defendant No.1.
9. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant No.1 to give interest @ 9% p.a. on
the amount of Rs.60,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
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ORDER
1. Suit is partly decreed with cost.
2. Defendant No. 1 is directed to pay amount of Rs.74,292/ to
plaintiff along with interest @ 9% p.a. on the principal sum of
Rs.60,000/ from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 25.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 25.04.2019
Transcribed on : 25.04.2019
Signed on : 25.04.2019
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:6: Summary Suit No.222/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.05.2019 At 2:56 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
25.04.2019
Judgment/Order signed by P.O. on 25.04.2019
Judgment/Order uploaded on 20.05.2019
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