Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment in Sum Civil Suit No. 387-19
Presented on
Decided on
Duration
Exhibit
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11.03.2019
16.02.2021
Y-1 M-11 D-5
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CNR NO. : MHCC01-002343-2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI
SHORT CAUSE SUMMARY CIVIL SUIT NO. 387 OF 2019
M/s. Otarmal Kantilal & Co.
A Registered Partnership Firm carrying on business
at Shop No.8, Kalyan Building No.2, Sadashiv Cross
Lane, Kandewadi, Bombay-400004 through its
Partner Mr. Parasmal Otarmal Jain,
Aged about 64 years
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Plaintiff
Versus
1. Uday Dhondu Choughule
(Age not known)
an adult Indian Inhabitant, working for gain
with B.Y.L.Nair Hospital, B/1, Deformities ward
(Pathology), O.P.D.16, Mumbai Central-400 008
and residing at B-103, Lakeview Co-Operative
Society, Samelpada, Datta Mandir Road,
Nalasopara (W), Dist. Thane.
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2. Dinkar Antu Ranvidhone
(Age not known)
an adult Indian Inhabitant, residing at Sagar
Vilas, Dindayal Road, Dombivali (W),
Pin-421 202, Dist-Thane.
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Defendants
Appearances:-
Ld. Advocate Mr.Dileep Satale for plaintiff.
None for defendant.
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2 Judgment in Sum Civil Suit No. 387-19
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 4)
DATED : 16th February, 2021
J U D G M E N T
1. The Suit is for recovery of an amount.
2. The plaintiff’s case in nutshell is as under :
The plaintiff is a Partnership Firm. On 15.03.2016, the
defendant no.1, for valuable consideration of Rs.1,00,000/-(Rupees
One Lakh only) received from the plaintiff, drew a Bill of Exchange
directing defendant no.2 to pay to the plaintiff or Order a sum of
Rs.1,00,000/-(Rupees One Lakh only) on demand. Said Bill of
Exchange was accepted by defendant no.2 and was delivered to the
plaintiff on the same day.
3. On 15.04.2016, the plaintiff presented said Bill of
Exchange to defendant no.2 and demanded amount due thereunder.
The defendant no.2 dishonoured the same by non-payment.
Defendant no.1 also failed and neglected to pay the said amount of
Rs.1,00,000/-(Rupees One Lakh only) after receiving information of
the dishonour. Therefore, the plaintiff has prayed for the amount
of Rs.1,00,000/-(Rupees One Lakh only) with interest @ 18% p.a.
from the date of dishonour till payment from the defendants.
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3 Judgment in Sum Civil Suit No. 387-19
4. The Bailiff Report (Exh.05) reveals that Writ of
Summons was served upon both the defendants. Despite the
service, they have not turned up. Therefore, suit proceed
ex-Parte
against them.
5. The plaintiff has adduced oral evidence of PW1
Parasmal Otarmal Jain (Exh.06) and tendered original Bill of
Exchange and Notice to the defendants through advocate of the
plaintiff. Those documents are marked at Exh.08 and Exh.09
respectively. The oral evidence of the plaintiff has remained
unchallenged. The Bill of Exchange (Exh.08) is proved by the
plaintiff. The defendants have failed to pay the amount of
Rs.1,00,000/-(Rupees One Lakh only) to the plaintiff despite legal
notice. Therefore, the plaintiff is entitled for the reliefs claimed in
the plaint. The plaintiff has claimed an interest @ 18% p.a. on the
aforesaid amount. However, there is no document tendered to
show that such a high rate of interest was agreed by the defendant
no.1. Therefore, it will be proper to fix the interest @ 12% p.a.
Hence, following order:
ORDER
1. The Summary Civil Suit No. 387 of 2019 is decreed with
costs.
2. The defendants are jointly and severally liable to pay
Rs.1,00,000/-(Rupees One Lakh only) to the plaintiff with
interest @ 12% p.a. from the date of dishonour i.e.
15.04.2016 till payment.
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4 Judgment in Sum Civil Suit No. 387-19
3. Decree be drawn up accordingly.
Sd/-
(C. V. Marathe)
Judge,
Date : 16.02.2021 City Civil Court, Gr. Mumbai.
Dictated on : 16.02.2021
Transcribed on : 16.02.2021
Signed by HHJ on : 16.02.2021
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5 Judgment in Sum Civil Suit No. 387-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.02.2021 at 4.55 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
16/02/2021
JUDGMENT/ORDER signed by
P.O. on
17/02/2021
JUDGMENT/ORDER uploaded on 17/02/2021
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