Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.396/2018
Received on : 03.02.2018
Registered on : 02.04.2018
Decided on : 17.06.2019
Duration : Y M D
01 04 13
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 396 OF 2018
CNR NO.: MHCC010018972018
SAILEE SANTOSH SAWANT
Age 35 Yrs.
Of Mumbai an adult Indian inhabitant
having her address at Chintamani Finance,
5/51, Laxmi Niwas, Dattaram Lad Marg,
Kalachowki, Mumbai – 400 033 through her
Her C.A. Mr. Santosh S. Swant Age Years ...Plaintiff
VERSUS
1. SUNITA SANJAY BACHATE
Age not known of
Mumbai an adult Indian, inhabitant
residing at Mumbai K.T.7, Room No.213
Netaji Nagar, Garodia Nagar, Ghatkopar
East, Mumbai.
2. PRATHMESH BACHATE
Age not known of
Mumbai an adult Indian, inhabitant
residing at Mumbai K.T.7, No.213
Netaji Nagar, Garodia Nagar, Ghatkopar
East, Mumbai. ...Defendants
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 17th JUNE, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 20th April 2017, defendant No.1 for
valuable consideration viz. Rs.2,50,000/ received from her, drew a Bill
of Exchange directing thereby, defendant No.2 pay to her or Order, at
Mumbai a sum of Rs.2,50,000/ on demand. The said Bill of Exchange
was accepted and delivered by defendant No.2 to her on the same day.
2. Plaintiff has further stated that on 20th May 2017, she presented
the said Bill of Exchange to defendant No.2 and demanded from
defendant No.2 the said amount of Rs.2,50,000/. Defendant No.2
dishonoured the same by nonpayment. The plaintiff immediately
brought the said fact to the Notice of defendant No.1, and demanded
from defendant No.1 the said amount of Rs.2,50,000/. Defendant No.1
also failed and neglected to pay the same or any part thereof.
3. Plaintiff has further stated that she forwarded her Advocates'
letter dated 28th September 2017 recording the above facts and calling
upon the defendants to pay the said amount of Rs.2,50,000/ and
accrued interest. The defendants have duly received the said letter. The
defendants have failed and avoided to comply with the requisitions
thereof and have also not controverted the contents of the said letter.
Therefore, plaintiff filed the suit.
4. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against them.
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5. Heard the Ld. Advocate for the plaintiff.
6. 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
sum of Rs.2,81,191.78ps. from
defendants alongwith interest @ 18%
p. a. on the sum of Rs.2,50,000/
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
7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 A Bill of Exchange dated 20th April 2017.
2. Exh.10 Plaintiff's Advocates' letter dated 28th September 2017
alongwith the postal records in connection with the
transmission and delivery thereof.
3. Exh.11 Money Lender Licence.
4. Exh.12 Forms under Bombay Money Lending Act.
5. Exh.13 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
8. Plaintiff has adduced evidence of Santosh Sabaji Sawant
(P.W.1), the Constituted Attorney of the plaintiff in the form of affidavit
below Exh.7 and he has stated in his evidence that on 20th April 2017,
defendant No.1 drew a Bill of Exchange for Rs.2,50,000/ in his favour
for valuable consideration sum of Rs.2,50,000/ received by defendant
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No.1. Defendant No.1 ordered to defendant No.2 to pay the amount of
said Bill of Exchange. Defendant No.2 accepted the said Bill of
Exchange. On 20th May 2017, he presented said Bill of Exchange to
defendant No.2 for payment. Defendant No.2 dishonoured the said Bill
of Exchange. Then he presented said Bill of Exchange to defendant
No.1, but defendant No.1 also dishonoured the said Bill of Exchange by
nonpayment. He has further stated that both the defendants failed and
neglected to pay the amount due under the said Bill of Exchange inspite
of various repeated requests and demands. He has further stated that
the said Bill of Exchange was executed by defendant No.1 and accepted
by defendant No.2.
9. Santosh Sabaji Sawant (P.W.1) has further stated that he
repeatedly called upon the defendants to pay the Bill of Exchange
amount of Rs.2,50,000/ with interest due. The defendants failed and
neglected to pay the same and any part thereof.
10. Santosh Sabaji Sawant (P.W.1) has further stated that on 28th
September 2017, he forwarded a Demand Notice through his Advocates
to the defendants. The said Demand Notice was duly served upon the
defendants. The defendants has not disputed the contents of the said
Notice and not forwarded any reply thereto.
11. Santosh Sabaji Sawant (P.W.1) has further stated that in the
above circumstances he filed the present suit for Rs.2,81,191.78ps. and
further interest on Rs.2,50,000/ at the rate of 18% per annum from
filing of suit till payment and costs.
12. Plaintiff has adduced a Bill of Exchange, Plaintiff's Advocates'
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letter alongwith the postal records, Money Lender Licence, Forms under
Bombay Money Lending Act and Books of Accounts 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 she is entitled to get sum of Rs.2,81,191.78ps. from
both defendants jointly and severally.
13. 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.2,50,000/ 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.2,81,191.78ps. to plaintiff along with interest @ 9% p.a.
on the sum of Rs.2,50,000/ 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: 17.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 17.06.2019
Transcribed on : 17.06.2019
Signed on : 17.06.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10.07.2019 At 11:43 a.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
17.06.2019
Judgment/Order signed by P.O. on 17.06.2019
Judgment/Order uploaded on 10.07.2019
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