Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.446/2019 1
Received on : 08032019
Registered on : 22032019
Decided on : 16072019
Duration : 00Y 04M 10D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 446 of 2019
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010028412019
Rameshkumar Babulal Shah
Age 58 years,
of Mumbai, an adult Indian Inhabitant
having his address at 12, Kakad Wadi,
Ground Floor,Mogre Building,V.P.Road,
Bombay400 004. ...Plaintiff
Versus
1. Ravindra Vasant Shinde
(Age not known)
of Mumbai an adult Indian Inhabitant,
residing at 2A/20, Indian Airlines Colony,
Kalina, Santacruz(E), Mumbai400 098.
2. Naran Devji Chowhan
(Age not known)
of Mumbai an adult Indian Inhabitant,
residing at 2A/18, Indian Airlines Colony,
Kalina, Santacruz(E), Mumbai400 098 ….Defendants
Appearances:
Advocate Ms.Divya Jain & Ms.Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 16TH JULY 2019
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SUMMARY SUIT NO.446/2019 2
J U D G M E N T
This is a suit for recovery of Rs.79,597/(Rupees Seventy
Nine Thousand Five Hundred and Ninety Seven only).
2. Plaintiff case in nut shell is that on 27/04/2018 Defendant
No. 1 for valuable consideration of Rs.70,000/ received from the
plaintiff, drew a bill of exchange directing defendant No.2 to pay
plaintiff Rs.70,000/ on demand. On 28/05/2018 plaintiff presented the
bill of exchange to defendant No.2 but it was dishonoured. Defendant
No.1 also refused to pay the said amount. Both defendants are in
default of Rs.79,597/(Rupees Seventy Nine Thousand Five Hundred
and Ninety Seven only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
defendants executed bill of
exchange for valuable
consideration?
Yes
2. Whether plaintiff proves that
amount of Rs.79,597/(Rupees
Seventy Nine Thousand Five
Hundred and Ninety Seven only)
Yes
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SUMMARY SUIT NO.446/2019 3
is due and recoverable from
defendants?
3. Whether plaintiff is entitled for
recovery of Rs.79,597/(Rupees
Seventy Nine Thousand Five
Hundred and Ninety Seven only)
with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exh.6 and filed original
bill of exchange, and advocate letter.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The original bill of
exchange and advocates demand notice shows that on 27/04/2018
Defendant No. 1 for valuable consideration of Rs.70,000/ received
from the plaintiff, drew a bill of exchange directing defendant No.2 to
pay plaintiff Rs.70,000/ on demand. On 28/05/2018 plaintiff
presented the bill of exchange to defendant No.2 but it was
dishonoured. Defendant No.1 also refused to pay the said amount. Both
defendants are in default of Rs.79,597/(Rupees Seventy Nine
Thousand Five Hundred and Ninety Seven only).As far as rate of
interest is concerned plaintiff has prayed for rate of interest 18% p.a.
As per section 80 of the N.I.Act 1882 such rate of interest can be
granted. Therefore, point No.1 to 3 is answered as 'Yes' and following
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SUMMARY SUIT NO.446/2019 4
order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to the plaintiff the
amount of Rs.79,597/(Rupees Seventy Nine Thousand Five Hundred
and Ninety Seven only) with interest @ 18% p.a. from the date of filing
of the suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date:16/07/2019 City Civil Court,Gr. Bombay
Dictated on : 16/07/2019
Transcribed on : 18/07/2019
Signed on : 22/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/07/2019 at 3.15p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
16/07/2019
Judgment/Order signed by P.O. on 22/07/2019
Judgment/Order uploaded on 22/07/2019
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SUMMARY SUIT NO.446/2019 5
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