Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.195/18 1
Received on : 17012018
Registered on : 12022018
Decided on : 16072019
Duration : 01Y 06M 03D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 195 of 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010009452018
Tulsi Kantilal Jain
Age 66 yrs., an adult Indian
Inhabitant having my address
at Flat No.8, 2nd floor, Saraswat Sadan,
Hospital Avenue Road,Parel,
Mumbai400012. ...Plaintiff
Versus
1. Mangesh Harishchandra Bhurke
Age not known,an adult Indian
Inhabitant working for gain with L.I.C.
of India, Branch No.914,Jeevan Udyog,
Dr.D.N.Road, Fort, Mumbai400 001 and
residing at C1105,Valaram Apartment,
Ganesh Mandir Road, Titwala(E),
Dist.Thane.
2. Daniel Vasave
(Full name and age not known) an adult
Indian Inhabitant, working J.J.Hospital
Department of Nero Surgery, Ward No.
25, 4th floor,Mumbai400 008 and
residing at 153, Nehru Nagar, Kurla(E),
Mumbai. ….Defendants
Appearances:
Advocate Ms.Divya Jain and Ms.Priyal Chheda for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.195/18 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 16TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.6,00,000/(Rupees Six
Lacs only).
2. Plaintiff case in nut shell is that on 21/10/2016 defendant
No. 1 for valuable consideration of Rs.6,00,000/ received from the
plaintiff, drew a bill of exchange directing defendant No.2 to pay
plaintiff Rs.6,00,000/ on demand. On 21/11/2016 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.6,00,000/. 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 executed bill of exchange
for valuable consideration?
Yes
2. Whether plaintiff proves that
amount of Rs.6,00,000/ is due and
recoverable from defendants?
Yes
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SUMMARY SUIT NO.195/18 3
3. Whether plaintiff is entitled for
recovery of Rs.6,00,000/ 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.6 and filed original
bill of exchange, and advocate letter.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The original bill of
exchange and advocates demand notice shows that on 21/10/2016
defendant No. 1 for valuable consideration of Rs.6,00,000/ received
from the plaintiff, drew a bill of exchange directing defendant No.2 to
pay plaintiff Rs.6,00,000/ on demand. On 21/11/2016 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.6,00,000/. As far as rate of interest is
concerned plaintiff has prayed for rate @18% p.a. As per section 80 of
the N.I.Act 1882 such rate of interest can be granted. Therefore, point
Nos.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 the plaintiff the
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SUMMARY SUIT NO.195/18 4
amount of Rs.6,00,000/ (Rupees Six Lacs 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:16/07/2019 City Civil Court,Gr. Bombay
Dictated on : 16/07/2019
Transcribed on : 18/07/2019
Signed on : 22/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/07/2019 at 2.55p.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
16/07/2019
Judgment/Order signed by P.O. on 22/07/2019
Judgment/Order uploaded on 22/07/2019
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