Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMRY SUIT NO.507/2019 1
Received on :02042019
Registered on :26042019
Decided on : 07092019
Duration : 00Y 05M 08D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 507 of 2019
(CNR NO.: MHCC010037522019)
Seema Nandlal Talreja,
Adult Indian Inhabitant
of Bombay, aged 57 years,
carrying on business at 34,
Dariya Mahal, A Wing, 6th floor,
80, Nepensea Road,
Bombay400 006. ...Plaintiff
Versus
1. Yezdi Dinshaw Patel, Adult Indian
Inhabitant of Bombay age not known
carrying on business in the name and style of
Century Services a Proprietory Concern as its
Sole Proprietor at 501/502, Dina Building,
53, Maharshi Karve Road, Mumbai400 002.
And at
10, Sleater House No.1, 4th floor,
Building No.31, Naushir Bharucha Road,
Grant Road(W), Mumbai400 007.
2. Ratna Sharma, Adult Indian
Inhabitant of Bombay age and full name not
known carrying on business and residing
at 10, Sleater House No.1, 4th floor
Building No.31, Naushir Bharucha Road,
Grant Road(W), Mumbai400 007. ….Defendants
Appearances:
Advocate Ms.Lalwani for the Plaintiff.
Defendants Exparte.
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SUMMRY SUIT NO.507/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 7TH SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.26,000/(Rupees Twenty Six
Thousand only).
2. Plaintiff case in nut shell is that on 12/05/2017 defendant No. 1
for valuable consideration of Rs.1,00,000/ received from the plaintiff,
drew a bill of exchange directing defendant No.2 to pay plaintiff
Rs.1,00,000/ on demand. Defendants have repaid a sum of
Rs.75,000/. On 20/12/2018 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.26,000/
(Rupees Twenty Six Thousand 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 have executed bill of
exchange for valuable
consideration of Rs.1,00,000/?
Yes
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SUMMRY SUIT NO.507/2019 3
2. Whether plaintiff proves that
amount of Rs.26,000/(Rupees
Twenty Six Thousand only) is due
and recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.26,000/(Rupees
Twenty Six Thousand only) along
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 Amrit Nandlal Talreja, C.A.of plaintiff
vide Exh.6 and filed original bill of exchange and demand notice.
6. Heard Ld.counself for plaintiff.
7. Affidavit is supported by documentary evidence. The original bill
of exchange and advocate demand notice shows that on 12/05/2017
Defendant No. 1 for valuable consideration of Rs.1,00,000/ received
from the plaintiff, drew a bill of exchange directing defendant No.2 to
pay plaintiff Rs.1,00,000/ on demand. The defendant No.1 has repaid
amount of Rs.75,000/ . On 20/12/2018 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.26,000/(Rupees Twenty Six Thousand only). As far as rate of
interest is concerned plaintiff has claimed interest @ 18% p.a.As per
section 80 of N.I.Act 1882 such rate of interest can be granted.
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SUMMRY SUIT NO.507/2019 4
Therefore point No.1 to 3 are answered as 'Yes' and following order is
passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to plaintiff amount of
Rs.26,000/(Rupees Twenty Six Thousand 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: 07/09/2019 City Civil Court,Gr. Bombay
Dictated on : 07/09/2019
Transcribed on : 09/09/2019
Signed on :09/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/09/2019 at 3.00p.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
07/09/2019
Judgment/Order signed by P.O. on 09/09/2019
Judgment/Order uploaded on 11/09/2019
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