Order 1

Order Details: Copy of Judgment
Pdf Text: Summons for Judgment No. 347/18 [ 1 ] Order.
in Summary Suit No. 609/18.
MHCC010143452018
Presented on : 17-11-2018
Registered on : 17-11-2018
Decided on : 29-04-2025
Duration : 6 years, 5 months, 12 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMONS FOR JUDGMENT NO. 347 OF 2018
IN
SUMMARY SUIT NO. 609 OF 2018
Ramchand Atmaram Nagpal )
Indian Inhabitant of Bombay, Age: 66 years )
Having his address at 405-A, Neelkanth, 98, )
Marine Drive, Mumbai – 400002 )...Applicant
Original Plaintiff
In The Matter Between
Ramchand Atmaram Nagpal )
Indian Inhabitant of Bombay, Age: 66 years )
Having his address at 405-A, Neelkanth, 98, )
Marine Drive, Mumbai – 400002 )...Plaintiff
Versus
1. Bluplast Corporation )
A registered partnership company under the )
Partnership Act 1932, Having its Address )
at: 113/114, Vivek Inds Estate, Nr Litolier )
Uswala Road, Cama Estate, Goregoan (East), )
Mumbai – 400 063 )
2. M/s Bluplast Industries Limited )
113, Vivek Ind Estate, Near Litolier Uswala )
Road, WalBhat Cross Road, Goregoan (East) )
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Summons for Judgment No. 347/18 [ 2 ] Order.
in Summary Suit No. 609/18.
Mumbai – 400 063 )
3. Mr. Kamleshkumar Lalchand Jain )
Age: not known, Occupation: Business, having )
address At: 102, Indrapuri Society, S.V.Road )
Goregoan (West), Mumbai – 400 062 )
4. Mr. Indermal Pannalalji Jain )
Age: not known, Occupation: business, having )
address At: 402, Evershine Aangan, S.V.Road, )
Goregoan (West), Mumbai – 400 062 )
5. Mrs. Nayana Indermal Jain )
Age: not known, Occupation: business, having )
address At: 402, Evershine Aangan, S.V.Road, )
Goregoan (West), Mumbai – 400 062 )
6. Mrs. Rekha Kamlesh Jain )
Age: not known, Occupation: business, having )
address At: 102, Indrapuri Society, S.V.Road, )
Goregoan (West), Mumbai – 400 062 )
7. Mr. Pannalal Vanechanji Jain ) (Deceased)
Age: not known, Occupation: business, having )
address At: 402, Evershine Aangan, S.V.Road, )
Goregoan (West), Mumabi – 400 062 )...Defendants
Smt. Yojana Gandhi, Advocate for the plaintiff.
Shri Rajesh Patil, Advocate for the defendants.
CORAM : HIS HONOUR JUDGE SHRI U.C.DESHMUKH.
(COURT ROOM NO.66).
DATE : 29th APRIL, 2025.
ORDER
This is a suit for recovery of an amount of Rs.51,32,698/-
alongwith further interest at the rate of 18% p.a. on an amount of
Rs.35,00,000/-.
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Summons for Judgment No. 347/18 [ 3 ] Order.
in Summary Suit No. 609/18.
2. Brief facts of the case :
The plaintiff has come with case that the defendant no.1
and 2 are registered companies whereas defendant no.3 to 7 are
shareholders of defendant no.1. On 30/04/2015 and on 15/05/2015
defendant no.1 drew two Demand Bill of Exchange on defendant no.2
in the sum of Rs.10,00,000/- each in favour of plaintiff. Said Bill of
Exchange were accepted by defendant no.2 for payment when same
were presented. The plaintiff further states that defendants on their
own accord paid interest upto 28/07/2015 and upto 12/08/2015
respectively by cheque. The suit Bill of Exchange is renewal of earlier
Bill of Exchange which is at Exh.A and B.
3. The plaintiff further submits that on 29/05/2015 defendant
no.1 again drew Bill of Exchange for sum of Rs.15,00,000/-. Defendants
on their own accord paid interest upto 28/05/2015 by cheque. However
since then defendants failed to pay amount due under suit Bill of
Exchange that they issued towards the interest.
4. The plaintiff further submits that the cheque dated
28/07/2015 was issued by defendant no.1 towards repayment of
Rs.10,00,000/- under Bill of Exchange dated 30/04/2015 which was
dishonoured. Similarly cheque dated 12/08/2015 issued by defendant
no.1 against repayment of Rs.10,00,000/- under Bill of Exchange dated
15/05/2015 was also dishonoured. The copies of said cheques
alongwith memo are filed alongwith plaint at Exh.A1 and A2 and at
Exh.B1 and B2 respectively. Similarly cheque dated 26/08/2015 issued
by defendant no.1 towards repayment of Rs.15,00,000/- against Bill of
Exchange dated 29/05/2015 was also dishonoured. Its copy with memo
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Summons for Judgment No. 347/18 [ 4 ] Order.
in Summary Suit No. 609/18.
is annexed with the plaint at Exh.C1 and C2. Therefore the plaintiff
lastly issued letter dated 15/01/2018 to defendants to pay
Rs.35,00,000/- alongwith interest but in vain. Hence this suit.
5. Defendants appeared and filed their vakalatnama dated
24/07/2018 which is now marked as Exh.5 for the sake of convenience.
Thereafter they filed an application to permit them to file reply to
summons for judgment which was allowed vide order dated
24/10/2019 passed in Notice of Motion No. 497/2019. However
defendants failed to comply said order and defend the summons for
judgment and the suit.
6. Lastly plaintiff filed written notes of arguments at Exh.3.
He had also filed affidavit in support of summons for judgment.
7. Considering facts and contentions of the plaintiff, following
points arise for determination of the suit :
SR.NO. POINTS FINDINGS
1 Does the plaintiff prove that he is
entitled to recover suit amount of
Rs.51,32,698/- with interest at the rate
of 18% p.a. on an amount of
Rs.35,00,000/- ?
Partly Yes.
2 Is suit within limitation ? Yes.
3 What order and decree ? As per final order.
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Summons for Judgment No. 347/18 [ 5 ] Order.
in Summary Suit No. 609/18.
REASONS
AS TO POINTS NO.1 AND 2 :-
8. The plaintiff has filed original copies of Bill of Exchange
dated 30/04/2015, Cheque No. 327433 dated 28/07/2015, Return
Memo dated 24/09/2015, original Bill of Exchange dated 15/05/2015,
Cheque No. 327435 dated 12/08/2015, Bank Memo dated 24/09/2015
and also certified copy of Bill of Exchange dated 29/05/2015 alongwith
list of documents (Exh.4). The copy of cheque at sr.no.2 and 5 show
that defendant no.1 had issued a cheque for Rs.10,00,000/- dated
28/07/2015 and dated 12/08/2015 for Rs.10,00,000/-. The memo
issued by the bank shows that those cheques are dishonoured. Thus, the
plaintiff succeeded to show that defendant no.1 had issued two cheques
against amount of Rs.20,00,000/-. So far as case of the plaintiff to claim
amount against Bill of Exchange of Rs.15,00,000/- is concerned, the
plaintiff has not filed original copy of cheque. The copy of Bill of
Exchange filed at sr.no.7 of list (Exh.4) shows that it is issued by
Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai. There is no
explanation on the part of the plaintiff why said copy is issued by said
Metropolitan Magistrate. Thus, the plaintiff succeeded to show that
defendant no.1 had issued two cheques of Rs.10,00,000/- which are
dishonoured.
9. Both cheques filed on record are dishonoured on
24/09/2015 and suit is instituted on 27/02/2018. Thus, it is within
limitation. The plaintiff claims interest at the rate of 18% p.a. from the
date of cheque. However, considering nature of transaction in between
plaintiff and the defendants and the fact that the plaintiff states that
defendants have repaid some amount against the interest, it would not
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Summons for Judgment No. 347/18 [ 6 ] Order.
in Summary Suit No. 609/18.
be just and proper to award the interest from the date of cheque.
Moreover, the plaintiff nowhere explains how much interest that he
charged before issuance of cheque in question. In such circumstances, it
is just to direct the defendants to pay interest at the rate of 9% p.a. on
amount of Rs.20,00,000/- from the date of the suit to the date of its
realization. In the result, following order is passed :
- ORDER -
1. The suit stands partly decreed with cost.
2. Defendants to pay jointly and severally Rs.20,00,000/- (Rupees
Twenty Lakhs Only) with interest at the rate of 9% p.a. from the date of
the suit to the date of its realization within two months of the order.
3. Accordingly suit and summons for judgment stand disposed off.
(U.C.DESHMUKH)
Judge,
City Civil Court,
(Court Room No.66)
Date : 29/04/2025. Mumbai.
1. Dictated on : 28/04/2025.
2. Pronounced on : 29/04/2025.
3. Transcribed on : 03/05/2025.
4. Placed for correction on : 05/05/2025.
5. Checked on : 06/05/2025.
6. Correction carried on : 07/05/2025.
7. Signed on : 07/05/2025.
8. Delivered to Certified :
Copy Section on
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Summons for Judgment No. 347/18 [ 7 ] Order.
in Summary Suit No. 609/18.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/05/2025. 5.45 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri U.C.Deshmukh.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 29/04/2025.
Judgment/Order signed by P.O. on 07/05/2025.
Judgment/Order uploaded on 07/05/2025.
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