Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment in Sum Civil Suit No. 390-19
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. : MHCC01-002496-2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI
SHORT CAUSE SUMMARY CIVIL SUIT NO. 390 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. Jagdish Govind Bhoite
(Age not known)
an adult Indian Inhabitant, working for gain
with I. G. Mint, T. No.3619, Electric
Department, S. B. Road, Fort, Mumbai-400023
and residing at Rangwala Building, Room No.3,
J. P. Road, Behind Bharat Cafe Hotel,
Ghatkopar(W), Mumbai-400 086.
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2. Vitthal Jagannath Adagale
(Age not known)
an adult Indian Inhabitant, working for gain
with I. G. Mint, Annulling Dept. T. No.3701,
S. B. Road, Fort, Mumbai-400023 and residing
at Room No.403, Gangadhar Tower, 4th Floor,
Sector No.9, Kamothe, Navi Mumbai.
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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. 390-19
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 07.03.2016, the
defendant no.1, for valuable consideration of Rs.40,000/-(Rupees
Forty Thousand 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.40,000/-(Rupees Forty Thousand 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 06.04.2016, 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.40,000/-(Rupees Forty Thousand only) after receiving
information of the dishonour. Therefore, the plaintiff has prayed
for the amount of Rs.40,0000/-(Rupees Forty Thousand 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. 390-19
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.40,000/-(Rupees Forty Thousand 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. 390 of 2019 is decreed with
costs.
2. The defendants are jointly and severally liable to pay
Rs.40,000/- (Rupees Forty Thousand only) to the plaintiff
with interest @ 12% p.a. from the date of dishonour i.e.
06.04.2016 till payment.
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4 Judgment in Sum Civil Suit No. 390-19
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. 390-19
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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