Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.508/2019 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. 508 of 2019
(CNR NO.: MHCC010037532019)
1. Varsha Gopal Talreja,
Adult Indian Inhabitant
of Bombay, aged 55years,
2. Gopal Kanayalal Talreja
Adult Indian Inhabitant
of Bombay, aged 61 years,
both carrying on business at 34,
Dariya Mahal, A Wing, 6th floor,
80, Nepensea Road,
Bombay400 006. ...Plaintiffs
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
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SUMMARY SUIT NO.508/2019 2
Appearances:
Advocate Ms.Lalwani for the Plaintiffs.
Defendants Exparte.
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.53,500/(Rupees Fifty Three
Thousand and Five Hundred 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.50,000/. On 05/02/3019 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.53,500/
(Rupees Fifty Three Thousand and Five Hundred 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 shave executed bill of
exchange for valuable
consideration of Rs.1,00,000/?
Yes
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SUMMARY SUIT NO.508/2019 3
2. Whether plaintiff proves that
amount of Rs.53,500/(Rupees
Fifty Three Thousand and Five
Hundred only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.53,500/(Rupees
Fifty Three Thousand and Five
Hundred 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 Gopal Kanhaiyalal 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.50,000/. On 02/05/2019 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.53,500/(Rupees Fifty Three Thousand and Five Hundred only). As
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SUMMARY SUIT NO.508/2019 4
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. 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.53,500/(Rupees Fifty Three Thousand and Five Hundred 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.”
11/09/2019at2.30p.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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