Final Order 1

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Pdf Text: 1 S/J No. 237/18 in Summary Suit No. 274/18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT No.237 of 2018
In
SUMMARY SUIT NO.274 OF 2018
(CNR NO. MH CC010016512018)
Seema Nandlal Talreja
Age : 57 years Carrying on business
at 34, Dariya Mahal, A, 80,
Nepeansea Rd., Mumbai 400 006 ….Plaintiff
V/s.
1. RSG INFOTECH (P) LTD.
A Company registered under the
Companies Act, 1956, carrying on business
At 1st Floor, Maina Gul Building,
Ceaser Road, Amboli, Andheri (West),
Mumbai400 058.
2. Jyoti Achary
Age : Adult, Indian inhabitant,
R/at : A403, Orchid Valley of Flowers,
Thakur Village, Kandivali (East),
Mumbai400 101.
3. Anil Achary
Age : Adult, Indian inhabitant,
R/at : A403, Orchid Valley of Flowers,
Thakur Village, Kandivali (East),
Mumbai400 101.
(Defendants Nos. 2 and 3 carry on business
at the address of the Defendant No. 1 .... Defendants
Appearance:
Ms. Kavita S. Lalwani, Advocate for the Plaintiff.
None for defendants.
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CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 29 th August, 2019.
ORDER
1. The plaintiff has taken out this summons for judgment for
recovery of Rs.1,25,500/ alongwith interest at the rate of 18% per
annum.
2. It is the case of plaintiffs that he is carrying business and
defendant No. 1 is a Company registered under the Indian Companies
Act, 1956. The defendant Nos. 2 and 3 are carrying business at the
address of defendant No. 1. On 16.12.2015, defendant No. 1 drew a
demand for Bill of Exchange on defendant Nos. 2 and 3 for valuable
consideration in favour of plaintiff for the sum of Rs.2,00,000/. The
said demand Bill of Exchange was accepted by the defendant Nos. 2 and
3 for payment. The plaintiff has advanced the sum of Rs.2,00,000/ to
the defendants through cheque dated 16.12.2015 bearing No.020248
of Rs.2,00,000/ in favour of the defendants and upon receipt of the
same defendants have executed Bill of Exchange dated 16.12.2015.
3. It is the contention of the plaintiff that on 18.01.2016,
18.02.2016 and 18.03.2016 through cheque the defendants have paid
the amount of Rs.25,000/ each and on 14.05.2016 an amount of
Rs.25,000/ in cash was paid by the defendants. Thereafter, on
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29.08.2016, the plaintiff presented the Bill of Exchange for the balance
sum of Rs.1,00,000/ to defendant Nos. 2 and 3, and then to defendant
No. 1 for payment but all the defendants dishonoured the said Bill of
Exchange by nonpayment. On 08.11.2017, the defendants issued a
cheque of Rs.1,00,000/ in favour of plaintiff drawn on Union Bank of
India, Versova, Mumbai 400 058. However, the said cheque was
dishonoured when presented by the plaintiff for encashment, for the
reason “Funds Insufficient”.
4. Eventually on 17.11.2017, the plaintiff issued demand notice to
the defendants calling upon them for balance payment of Rs.1,00,000/
alongwith interest at the rate of 18% p.a. Since the defendants failed to
comply the notice, the suit is filed and it is prayed that the summons for
judgment be made absolute.
5. In spite of service of summons for judgment, defendants failed to
appear and apply for leave to defend the suit. Therefore, summons for
judgment proceeded without reply of defendant Nos. 1 to 3.
6. I have heard the submissions defends by the Ld. Advocate for the
plaintiff. The original Bill of Exchange dated 16.12.2015 is filed on
record. The recitals of the said Bill of Exchange reflects that on behalf
of defendant No. 1 defendant Nos. 2 and 3 accepted to pay
Rs.2,00,000/ to plaintiff. It is evident from the record that the plaintiff
received an amount of Rs.1,00,000/ out of Rs.2,00,000/. The recitals
of demand notice dated 17.11.2017 also reflects that the plaintiff has
demanded Rs.1,00,000/ from the defendants at the rate of 18% p.a. As
the defendants failed to apply for leave to defend the suit, the
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contentions raised by the plaintiff coupled with the original documents
adduced on record shows that the defendants are in due of
Rs.1,25,500/ with the interest and for further interest on Rs.1,00,000/
at the rate of 18% p.a. from the date of filing of suit till its realization.
Accordingly, the summons for judgment is required to be made absolute
in terms of prayer of plaintiff. Resultantly, I pass the following order :
ORDER
1. Summons for judgment No. 237 of 2018 is made absolute and
suit is decreed with costs.
2. Defendants are directed to pay the plaintiff sum of Rs.1,25,500/
(Rs. One Lakh Twenty Five Thousand Five Hundred Only),
alongwith further interest on Rs. 1,00,000/ at the rate of @ 18%
per annum from the date of filing of the suit till the realization of
decretal amount.
3. Decree be drawn up accordingly.
sd/-
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 29/08/2019
Dictated on : 29.08.2019
Transcribed on : 30.08.2019
Signed on : 03.09.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
17.09.2019 1.14 p.m. Mrs. Gayatri P. Acharekar
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 29.08.2019
Order signed by P.O. on 03.09.2019
Order uploaded on 17.09.2019
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