Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Presented on : 22/02/2018
Decided on : 27/06/2019
Duration on : 01Ys.04Ms.05Ds.
CNR No.MHCC010027022018
IN THE COURT OF SESSION FOR GREATER BOMBAY
SUMMARY SUIT NO.338 OF 2018
Rameshkumar Babulal Shah
aged about 57 years
of Bombay, an adult Indian Inhabitant
having his address at 12, Kakadwadi,
Ground floor, Mogre Building, V.P.Road,
Bombay400 004. ....Plaintiff
V/s
1. Sadanand Tukaram Rane
age not known
an adult Indian Inhabitant
working for gain with India Post Office,
Opp.Bharat Petroleum, Ballard Pier,
Mumbai400 038 and residing at 2/1,
Vakratund CoOp. Hsg.Society,
Chincholi Pada, Subhash Road,
Dombivali(W) 421 201
2. Kashinath R.Patil
(full name & age not known)
an adult Indian Inhabitant, working for
gain with B.P.T.,Yellow Gate, Konark
Bunder, Mumbai400 101 and residing
at A/14, B.P.T.Colony, Govandi(E),
Mumbai400 088. ....Defendants
APPEARANCE:
Ld. Adv. Shri.Vikas Saidane for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 07)
DATE : June 27th, 2019
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EXPARTE JUDGMENT
This is the suit for recovery of Rs.30,000/alongwith interest.
2. This is the suit for recovery of amount of Rs.30,000/ alongwith
interest at the rate of 18% p.a. It is the case of the plaintiff that,
plaintiff is doing business of work for gain at the address mentioned in
the Cause Title. On 30/3/2017 the defendant no.1 drew a Bill of
Exchange directing thereby defendant no.2 to pay on demand to the
plaintiff a sum of Rs.30,000/. Defendant no.2 accepted the Bill of
Exchange and delivered the same to the plaintiff on the same day. On
29/4/2017 the plaintiff presented the suit Bill of Exchange to
defendant no.2 and demanded from defendant no.2 the amounts due
thereunder. Defendant no.2 dishonoured the same by non payment.
The plaintiff immediately informed defendant no.1 about the dishonour
of the suit Bill of Exchange by defendant no.2 and demanded from
defendant no.1 the said amount of Rs.30,000/. Defendant no.1 also
failed and neglected to pay the said amount. Accordingly, as per
advocate's letter dated 28/12/2017 recording the above facts and
instructed the defendants to comply with the requisitions mentioned in
the said letter. Thus, the defendants are liable to pay to the plaintiff
Rs.34,290/ towards principal amount of Rs.30,000/ towards accrued
interest as per particulars of claim and also further interest at the rate of
18% p.a. Therefore, the suit.
3. Writ of summons was issued to the defendant. The service
affidavit (Exh5 ) is also on record. Inspite of the same, defendant did
not appear in the matter and did not contest the suit. Therefore, the suit
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is proceeded exparte against defendant. Affidavit of claim of the
plaintiff (Exh6) , List of the documents (Exh7), Bill of Exchange dated
30/3/2017 (Exh8 ), The plaintiff's Advocates' letter dated 28/12/2017
alongwith the Courier records in respect thereof (Exh9 ).
4. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is proceeded
exparte against defendant. No rebuttal evidence is brought on record
by the defendant to disbelieve the version of the plaintiff to hold that
the amount which is claimed is due and payable to the plaintiff by the
defendant with interest.
5. Hence, I pass following order.
ORDER
1. Suit is decreed with costs.
2. Defendant do pay jointly and severally principal amount of
Rs.30,000/ with interest @ 18% p.a.to the plaintiff till
realization of entire amount within three months.
3. If rule permits necessary court fee be refunded.
4. Decree be drawn up accordingly.
Date:27/06/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 27/06/2019
Typed on :28/06/2019
H.H.J.Signed on :28/06/2019
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CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.06.2019 at 4.45p.m.
UPLOAD DATE AND TIME
(Mrs.P.P.Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI M.A.BHOSALE
(COURT ROOM NO.07)
Date of pronouncement of judgment/order 27.06.2019
Judgment/order signed by P.O. on 28.06.2019
Judgment/order uploaded on 28.06.2019
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