Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.193/2019 1
Received on : 10012019
Registered on : 28012019
Decided on : 30072019
Duration : 00Y 06M 22D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 193 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
(CNR NO.: MHCC010004342019)
Mr.Kantilal Bastimal Jodhavat
of Mumbai an adult Indian Inhabitant,
aged 62 years, Occupation: Business
having his address at Room No.1603,
Siddhesh Apartment, Khataralli Lane,
C.P.Tank, Mumbai400 002. ...Plaintiff
Versus
1. Mrs.Priyanka Amit Bagwe
of Mumbai an adult Indian Inhabitant,
aged 28 years, Occupation: Business
having her office at residence
address at B7/8, Subhash Nagar,
N.M.Joshi Marg CHS.Ground Floor,
Dilisle Road, Opp.Nirmula Hospital,
Chinchpokali West Mumbai400 011.
Mobile No.9769788092.
2. Mr. Amit Arjun Bagwe
of Mumbai an adult Indian Inhabitant,
aged 28 years, Occupation: Business
having her office at residence
address at B7/8, Subhash Nagar,
N.M.Joshi Marg CHS.Ground Floor,
Dilisle Road, Opp.Nirmula Hospital,
Chinchpokali West Mumbai400 011. ...Defendants
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SUMMARY SUIT NO.193/2019 2
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 30TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.12,40,000/(Rupees Twelve Lacs
and Forty Thousand only).
2. Plaintiff case in nut shell is that on 05/09/2018 Defendant No. 1
for valuable consideration of Rs.10,00,000/ received from the plaintiff,
drew a bill of exchange directing defendant No.2 to pay plaintiff
Rs.10,00,000/ on demand. On 18/06/2018 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.12,40,000/. Hence, this suit.
3. The defendants were served with summons 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 plaintiff proves that
defendants have executed bill of
exchange for valuable
consideration?
Yes
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SUMMARY SUIT NO.193/2019 3
2. Whether plaintiff proves that
amount of Rs.12,40,000/(Rupees
Twelve Lacs and Forty Thousand
only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 12,40,000/
(Rupees Twelve Lacs and Forty
Thousand only) along 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. Heard Ld.counsel for plaintiff.
7. Affidavit is supported by documents. The original bill of exchange
and demand notice shows that on 05/09/2018 defendant No. 1 for
valuable consideration of Rs.10,00,000/ received from the plaintiff,
drew a bill of exchange directing defendant No.2 to pay plaintiff
Rs.10,00,000/ on demand. On 18/06/2018 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.12,40,000/. As far as rate of interest is concerned, plaintiff has
prayed for interest @ 18% p.a.as per section 80 of N.I.Act 1882. Such
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SUMMARY SUIT NO.193/2019 4
rate of interest can be granted. Therefore, point No.1 to 3 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.12,40,000/(Rupees Twelve Lacs and Forty Thousand only) along
with interest @ of 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:30/07/2019 City Civil Court,Gr. Bombay
Dictated on : 30/07/2019
Transcribed on : 01/08/2019
Signed on : 01/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/08/2019 at 1045p.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 30/07/2019
Judgment/Order signed by P.O. on 01/08/2019
Judgment/Order uploaded on 02/08/2019
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SUMMARY SUIT NO.193/2019 5
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