Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.445/2019 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. 445 of 2019
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010028442019
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. Moolnarayan S Yadav
(Full name and Age not known)
of Mumbai, an adult Indian Inhabitant
working for gain with National Sports
Club of India, Lala Lajpatrai Road,
Worli, Mumbai400 018.
2. Govind Lal Gupta
(Age not known)
of Mumbai, an adult Indian Inhabitant
residing at Room No.14, N.S.C.I.
Compound, 'G' Block, V.P.Nagar,Lala
Lajpatrai Road, Worli, Mumbai400 018. ….Defendants
Appearances:
Advocate Ms.Divya Jain & Ms.Dileep Satale for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.445/2019 2
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.68,640/(Rupees Sixty
Eight Thousand Six Hundred and Forty only).
2. Plaintiff case in nut shell is that on 14/04/2018 Defendant
No. 1 for valuable consideration of Rs.60,000/ received from the
plaintiff, drew a bill of exchange directing defendant No.2 to pay
plaintiff Rs.60,000/ on demand. On 14/05/2018 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.68,640/(Rupees Sixty Eight Thousand Six Hundred and
Forty 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
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SUMMARY SUIT NO.445/2019 3
2. Whether plaintiff proves that
amount of Rs.68,640/(Rupees
Sixty Eight Thousand Six Hundred
and Forty only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.68,640/(Rupees
Sixty Eight Thousand Six Hundred
and Forty 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.5 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 14/04/2018
Defendant No. 1 for valuable consideration of Rs.60,000/ received
from the plaintiff, drew a bill of exchange directing defendant No.2 to
pay plaintiff Rs.60,000/ on demand. On 14/05/2018 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.68,640/(Rupees Sixty Eight Thousand
Six Hundred and Forty only). As far as rate of interest is concerned
plaintiff has prayed for rate of interest 18% p.a. As per section 80 of
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SUMMARY SUIT NO.445/2019 4
the N.I.Act 1882 such rate of interest can be granted. Therefore, point
No.1 to 3 is answered 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.68,640/(Rupees Sixty Eight Thousand Six Hundred and
Forty 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 2.50p.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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