Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 24.01.2018
Registered on 16.02.2018
Decided on 22.02.2019
Duration Yrs. M. Days
01 06
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.217 OF 2018
LAXMI SUNKAPPA JADHAV, Age 45 years,
of Mumbai, an adult, Indian Inhabitant,
having his address at Lal Patral Chawl
No.251, Room No.10, Cross Road, Dharavi,
Mumbai17.
...Plaintiff.
V/s.
1. KALU VITHAL PHASALE,
Age Not Known of Mumbai an adult, Indian
Inhabitant, working for gain with B.M.C.
Office, H/Ward, Bandra (W), Mumbai50.
(Department AEMRoad Lab II) (PS No.A
5005) (E.C.No.3334375).
2. SOMA JANAPPA PAWAR,
Age not known known, of Mumbai an adult,
Indian Inhabitant, Residing at Galli No.2,
Kunchikurve Nagar, Near Marutu Temple,
Kalina East, Mumbai98. ...Defendants.
Appearances:
Ld. Adv Mr.Rarmesh Jain for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
MHCC01-001401-2018
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CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 22nd February,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.1,08,444/93 paise with interest.
2. In short, plaintiff came with a case that, for valuable
consideration of Rs.80,000/ received from plaintiff on 20.12.2015
defendant No.1 drew a billofexchange directing thereby defendant
No.2 to pay on demand to plaintiff a sum of Rs.80,000/. Defendant
No.2 accepted the billofexchange and delivered the same to plaintiff
on the same day. On 20.01.2016 plaintiff presented the said billof
exchange to defendant No.2 and demanded amount thereunder. But
defendant No.2 dishonoured the same. Therefore, plaintiff informed
the said fact of dishonour of billofexchange to defendant No.1 and
demanded Rs.80,000/ from him. But defendant No.1 also failed and
neglected to pay the sum of Rs.80,000/. Therefore, plaintiff issued
letter to defendants through Advocate on 24.05.2016 and requested to
pay the amount. Defendants failed and neglected to comply the above
demand notice. Therefore, plaintiff has come before this Court by way
of present suit for recovery of amount.
3. Writ of summons of this suit served upon defendant. Affidavit of
service is filed at Exh.5. In spite of service defendants have not
appeared nor contested the suit. Hence, suit proceeded exparte against
defendants.
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4. In support of his claim plaintiff filed affidavit of evidence at Exh.7
along with list of documents at Exh.8 viz. billofexchange
dt.20.12.2015 at Exh.9 and Advocates' notice dt.24.05.2016 at Exh.10.
5. Heard learned Advocate for plaintiff. Perused record and
proceedings.
6. On perusal of BillofExchange dt.20.12.2015 it is crystal clear
that, defendant No.1 has borrowed the amount from plaintiff and drew
billofexchange, directing thereby defendant No.2 to pay the amount to
plaintiff on demand. But defendant No.2 dishonoured the said on
presentation. Even defendant No.1 failed and neglected to pay the
amount. Neither defendants nor their Advocate appeared to contest the
suit. Therefore, documents submitted by plaintiff remain
uncontroverted and unchallenged. Hence, claim put forth by plaintiff
and his affidavit of evidence remain unchallenged and unrebutted.
Therefore, suit filed by plaintiff for recovery under O.XXXVII R.2 of
C.P.C. needs to be accepted. Defendants neither present nor rebutted
the claim of plaintiff. Which clearly establishes the claim of plaintiff
and therefore, plaintiff is entitled to recover amount which borrowed by
defendants along with interest @ 18% per annum. In spite of repeated
demand and opportunity defendants have not paid the amount.
Therefore, costs of this suit needs to be saddled on defendants.
7. The suit remains unchallenged and undefended. Therefore,
under partIII, Rule (E), schedule I of Bombay City Civil & Sessions
Court Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court
fee voucher, if prayed. In the result, suit deserves to be decreed with
costs. Hence, I proceed to pass the following order :
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O R D E R
1. Suit is decreed with costs.
2. Defendant Nos.1 and 2 jointly and severally do pay
Rs.1,08,444/93 paise along with interest @ 18 % per
annum on principal amount of Rs.80,000/ to plaintiff
from the date of filing of this suit till realization of
entire decreetal amount.
3. Defendants jointly and severally do bear their own costs
with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 22/02/2019 City Civil Court, Gr. Mumbai
Dictated on : 22.02.2019
Transcribed on : 22.02.2019
Signed on : 22.02.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.02.19 at 5.53 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 22.02.19
Judgment/order signed by P.O. on 22.02.19
Judgment/order uploaded on 22.02.19
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