Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.311/2019 1
Received on : 10012019
Registered on : 20022019
Decided on : 10102019
Duration : 00Y 09M 02D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 311 of 2019
(UNDER ORDER XXXVII RULE2,OF THE CODE OF CIVIL PROCEDURE)
CNR NO.: MHCC010004332019
Mr.Kantilal Bastimal Jodhavat
of Mumbai an adult Indian Inhabitant
age 52 years, occupation: Business
having his address at Room No.1603,
Siddhesh Apartment, Khataralli Lane,
C.P.Tank,Mumbai400 002. ...Plaintiff
Versus
1.Mrs.Arti Arun Bagwe
of Mumbai an adult Indian Inhabitant,
Age 50 years, Occupation: Business
having her office and residence
address ast B7/8, Subhash Nagar,
N.M.Joshi Marg CHS. Ground Floor,
Dilisle Road, Opp: Nirmula Hospital,
Chinchpokali West Mumbai400 011.
Mobile No.9819305857/02223012287
2. Mr.Amit Arjun Bagwe
of Mumai an adult Indian Inhabitant,
Age about 30 years,Occupation:Business
Having his office and residence address at
B7/8, Subhash Nagar, N.M.Joshi Marg CHS.
Ground floor, Dilisle Road,
Opp:Nirmula Hospital, Chinchpokali
West, Mumbai400 011. ….Defendants
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.311/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 10TH OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs. 4,13,000/ (Rupees Four Lakhs
Thirteen Thousand Only).
2. The plaintiff’s case in nutshell is that on 05/01/2017 the
defendant no.1 took a loan of Rs 3,50,000/ from the plaintiff and
executed a Demand Bill of Exchange directing defendant no. 2 to pay to
plaintiff the said amount on demand. On 18/06/2018 the defendant no.
2 dishonoured the said bill of exchange and thereafter on 20/06/2018
defendant no. 1 dishonoured the same. Defendants are in default of Rs.
4,13,000/ (Rupees Four Lakhs Thirteen Thousand Only), hence this
suit.
3. The defendants were served with summon for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff proves that
defendant no.1 executed a demand
bill of exchange for valuable
consideration?
Yes
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SUMMARY SUIT NO.311/2019 3
2. Whether the plaintiff proves that
amount of Rs. 4,13,000/ (Rupees
Four Lakhs Thirteen Thousand Only)
is due and recoverable from the
defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs. 4,13,000/
(Rupees Four Lakhs Thirteen
Thousand 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.7 and filed original
bill of exchange and demand notice.
6. The affidavit is supported by the documentary evidence. The
original bill of exchange and demand notice shows that on 05/01/2017
the defendant no.1 took a loan of Rs 3,50,000/ from the plaintiff and
executed a Demand Bill of Exchange directing defendant no. 2 to pay to
plaintiff the said amount on demand. On 18/06/2018 the defendant no.
2 dishonoured the said bill of exchange and thereafter on 20/06/2018
defendant no. 1 dishonoured the same. Defendants are in default of Rs.
4,13,000/ (Rupees Four Lakhs Thirteen Thousand Only). As far as rate
of interest is concerned, the plaintiff has prayed for interest at the rate
of 18% p.a. The said rate of interest in mentioned in the promissory
note. The relationship between the plaintiff and defendants is
contractual in nature and so such rate of interest can be granted.
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SUMMARY SUIT NO.311/2019 4
Therefore, point no. 1 to 3 is 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 a sum of Rs.
4,13,000/ (Rupees Four Lakhs Thirteen Thousand Only) with
interest at the rate of 18% p.a. from the date of filing of this suit
till full and final realization of the amount.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 10/10/2019 City Civil Court,Gr. Bombay
Dictated on : 10/10/2019
Transcribed on : 22/10/2019
Signed on : 24/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24/10/2019 AT 5.00p.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
10/10/2019
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SUMMARY SUIT NO.311/2019 5
Judgment/Order signed by P.O. on 24/10/2019
Judgment/Order uploaded on 24/10/2019
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