Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 22.02.2018
Registered on 21.03.2018
Decided on 12.11.2018
Duration Yrs. M. Days
07 22
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.372 OF 2018
RAMESHKUMAR BABULAL SHAH,
aged abut 57 years, of Bombay, an adult
Indian Inhabitant having his address at 12,
Kakad Wadi, Ground Floor, Mogre Building,
V.P.Road, Bombay400 004. ...Plaintiff
V/s.
1. RAJESH B. UPADHYAY
(Full name and age not known)
an adult, Indian Inhabitant, working for
gain with Central Railway workshop, 140
Ton Deptt., Supra Baug, Dr.B.A. Road, Parel
Mumbai400 012.
and residing at Centrl Rly. Colony,
RBI/247/21, Dr.B.A. Road, Supari Baug,
Parel, Mumbai400 012.
2. KESHAV HARI BHANGE
(Age not known)
an adult Indian Inhabitant, working for gain
with Central Railway workshop, Loco
Wiring Sector, Supari Baug, Dr.B.A. Road,
Parel, Mumbai400 012. ...Defendants.
MHCC01-002706-2018
-- 1 of 5 --
.. j/2 .. Summary Suit No.372/2018
Appearances:
Ld. Adv Mr.Ms.Jain and Adv.Mr.Dilip Sathale for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th November,2018
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.54,758/ with interest.
2. In short, plaintiff came with a case that, plaintiff is residing and
works for gain at the address shown in the title clause. Defendant is
working for gain and residing at the address mentioned in title clause.
3. Plaintiff submitted that, for valuation consideration of
Rs.50,000/ received from plaintiff on 05.07.2017 defendant No.1 drew
a Bill of Exchange directing thereby defendant No.2 to pay on demand
to plaintiff Rs.50,000/. Defendant No.2 accepted the said Bill of
Exchange and delivered the same to plaintiff on the same day. On
04.08.2017 plaintiff presented the said Bill of Exchange to defendant
No.2 and demanded to defendant No.2 the amount due thereunder.
However, defendant No.2 dishonoured the same. Therefore, plaintiff
immediately informed defendant No.1 about the same and demanded
the amount from defendant No.1. But defendant No.1 also failed and
neglected to pay the amount. Therefore, plaintiff has come before this
Court by way of present suit for recovery of amount against defendants.
-- 2 of 5 --
.. j/3 .. Summary Suit No.372/2018
4. Writ of summons of this suit served upon defendant. Affidavit of
service is filed at Exh.5. In spite of service defendants have not
appeared nor contested the suit. Hence, suit proceeded exparte against
defendants.
5. In support of his claim plaintiff filed affidavit of claim at Exh.6
along with compilation of documents at Exh.7 viz. Bill of exchange
dt.11.03.2017 (Exh.8), demand notice/Advocate Letter dt. 28.12.2017
(Exh.9)/
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is apparent from record that defendant No.1 has borrowed the
amount from plaintiff and drew billofexchange, directing thereby
defendant No.2 to pay the amount to plaintiff on demand. But
defendant No.2 dishonoured the said on presentation. Even defendant
No.1 failed and neglected to pay the amount. Defendants or their
Advocate, have not appeared to contest the suit. Therefore, documents
submitted by plaintiff remain uncontroverted and unchallenged. Hence,
claim put forth by plaintiff and his testimony remain unchallenged and
unrebutted. Therefore, suit filed by plaintiff for recovery under
O.XXXVII R.2 of C.P.C. needs to be accepted. Defendants neither
present nor rebutted the claim of plaintiff. Which clearly establishes the
claim of plaintiff and therefore, plaintiff is entitled to recover amount
which borrowed by defendants along with interest @ 18% per annum.
In spite of repeated demand and opportunity defendants have not paid
the amount. Therefore, costs of this suit needs to be saddled on
defendants.
-- 3 of 5 --
.. j/4 .. Summary Suit No.372/2018
8. The suit remains unchallenged and undefended. Therefore,
under partIII, Rule (E), schedule I of Bombay City Civil & Sessions
Court Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court
fee voucher, if prayed.
9. In the result, suit deserves to be decreed with costs. Hence, I
proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant nos. 1, 2 jointly and severally do pay
Rs.54,758.00 along with interest @ 18 percent per
annum on principal amount of Rs.50,000.00 to plaintiff
from the date of filing of this suit till realization of
entire decreetal amount.
3. Defendant nos. 1, 2 jointly and severally do bear their
own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.:12/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 12.11.2018
Transcribed on : 14.11.2018
Signed on : 14.11.2018
kps/
-- 4 of 5 --
.. j/5 .. Summary Suit No.372/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.11.2018 at 4.41 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 12.11.2018
Judgment/order signed by P.O. on 14.11.2018
Judgment/order uploaded on 14.11.2018
-- 5 of 5 --