Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.104/2018
Received on : 10.01.2018
Registered on : 24.01.2018
Decided on : 04.05.2019
Duration : Y M D
01 03 26
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 104 OF 2018
CNR NO.: MHCC010004432018
RAMESHKUMAR BABULAL SHAH
aged about 57 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. SANJAY SAJAN SALVI
(Age not known)
an adult Indian inhabitant, working for gain
with Central Bank of India, Khodadad
Circle Branch, Dadar, Mumbai – 400 014.
2. SANTOSH NARAYAN LOLGE
(Age not known)
an adult Indian inhabitant, working for gain
with Central Bank Bldg., 2nd Floor, M.M.
O., M.G. Road, Fort, Mumbai
400 023 and residing at Sarvadarshan
Society, Jai Building, Room No.603,
6th Floor, Chandanwadi, Off: TMC Office,
Thane (West) ...Defendants.
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:2: Summary Suit No.104/2018
Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 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.40,000/ received from him on 25 th October 2016, 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.40,000/. Defendant
No.2 accepted the said Bill of Exchange and delivered the same to him
on the same day.
2. Plaintiff has further stated that on 24th November 2016, 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. The plaintiff 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.40,000/. Defendant No.1 also failed and
neglected to pay the said amount of Rs.40,000/ and any part thereof.
Therefore, plaintiff file this suit.
3. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against them.
4. Heard the Ld. Advocate for the plaintiff.
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:3: Summary Suit No.104/2018
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.47,930/ from
defendants along with interest @
18% p. a. on the sum of Rs.40,000/
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.8 Original Bill of Exchange dated 25.01.2016.
2. Exh.9 Copy of Advocate's letter dated 27.11.2017
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of himself in the form of affidavit below
Exh.6 and he has stated in his evidence that that he has filed the above
suit against the defendants abovenamed for recovery of a sum of
Rs.47,930/ and for further interest @ 18% p.a. or at such further rate
of interest on the principal amount of Rs.40,000/ from filing of the suit
till realisation and costs of the Suit in respect of the Bill of Exchange
dated 25th October 2016. 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 24th November 2016 to the defendants and the defendants
dishonoured the same.
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:4: Summary Suit No.104/2018
8. Plaintiff has produced all the corroborating documents which are
Original Bill of Exchange and Copy of Advocate's letter 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. Therefore, plaintiff
has proved that he is entitled to get sum of Rs.47,930/ from both
defendants jointly and severally.
9. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.40,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant Nos. 1 and 2 are jointly and severally directed to pay
sum of Rs.47,930/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.40,000/ 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: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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:5: Summary Suit No.104/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10.06.2019 At 4:44 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
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 10.06.2019
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