Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.444/2019 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. 444 of 2019
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010028422019
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.Vishwanath Mahadev Shelar
Age not known,
of Mumbai an adult Indian Inhabitant,
working for gain with M.H.Saboo Siddik
College of Engineering, 8, Saboo Siddik
Polytechnic Road,New Nagpada,Mazgaon,
Mumbai400 008 and residing at M.B.
Bhosale Chawl, Near Sarvodaya Hospital,
Bhim Nagar, Ghatkopar(W),
Mumbai400 085.
2. Dinkar Antu Ravidhone
Age not known,
of Mumbai an adult Indian Inhabitant,
residing at Room No.40,3rd floor,
Vasant Niwas, Dindayal Road,
Dombivali(W), Dist.Thane. ….Defendants
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SUMMARY SUIT NO.444/2019 2
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
J U D G M E N T
This is a suit for recovery of Rs.41,127/(Rupees Forty
One Thousand One Hundred and Twenty Seven only).
2. Plaintiff case in nut shell is that on 10/02/2018 Defendant
No. 1 for valuable consideration of Rs.35,000/ received from the
plaintiff, drew a bill of exchange directing defendant No.2 to pay
plaintiff Rs.35,000/ on demand. On 12/03/2018 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.41,127/(Rupees Forty One Thousand One Hundred and
Twenty 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:
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SUMMARY SUIT NO.444/2019 3
POINTS FINDINGS
1. Whether plaintiff proves that
defendants executed bill of exchange for
valuable consideration?
Yes
2. Whether plaintiff proves that amount
of Rs.41,127/(Rupees Forty One
Thousand One Hundred and Twenty
Seven only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.41,127/(Rupees Forty
One Thousand One Hundred and Twenty
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 10/02/2018
Defendant No. 1 for valuable consideration of Rs.35,000/ received
from the plaintiff, drew a bill of exchange directing defendant No.2 to
pay plaintiff Rs.35,000/ on demand. On 12/03/2018 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
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SUMMARY SUIT NO.444/2019 4
defendants are in default of Rs.41,127/(Rupees Forty One Thousand
One Hundred and Twenty 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 answer as 'Yes' and following 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.41,127/(Rupees Forty One Thousand One Hundred and
Twenty 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 3.16p.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)
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SUMMARY SUIT NO.444/2019 5
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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