Order 1

Order Details: Other
Pdf Text: 1 SJ No.180/2018 in Summary Suit No.516/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT No.180 of 2018
(CNR NO. MH CC010079742018)
In
SUMMARY SUIT NO. 516 OF 2018
M/s. Danabhai
a registered partnership firm
through its partner
Krishnakant Minawala
having address at Shop No.1,2,3
S.V.Road, Santacruz (W),
Mumbai 400 054. ....Plaintiff
V/s.
Mr. Bimal Zaveri
Proprietor of Shiv Shakti Arts
Age : Adult, Occupation : Business
having its office at 7/226,
Ramnivas, Sion (E),
Mumbai400 022. ....Defendant
Appearance:
Ms. Darshana Gangar, Advocae for plaintiff
None present for Defendant.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.No.40)
DATE : 3rd October, 2019.
ORDER
1. Plaintiff has taken out this Summons for Judgment for
recovery of Rs.7,00,000/ alongwith interest @ 18% p.a.
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2. It is the contention of plaintiff that he is carrying business of
Jewellery under the name and style as “Danabhai”. The defendant is
proprietor of Shiv Shakti Arts carrying on business of manufacturing of
Gold Jewellery and Silver Articles. On 11.05.2017, the defendant had
purchased loose colour stones under the Invoice No.7R of worth
Rs.7,29,316/ which was received by the defendant. The invoice duly
bears acknowledgment of Defendant's stamp and seal for the receipt of
goods.
3. It is further contended that in acceptance of the said goods,
the defendant had issued part payment of Rs.4,00,000/ by way of two
cheques for Rs.2,00,000/ each drawn on State Bank of India, Matunga
Branch. Both the cheques were dishonoured for the reason “FUNDS
INSUFFICIENT”. Therefore, the plaintiff issued letter dated 19.07.2017
to the defendant for giving intimation to him about dishonour of
cheques. In reply, by way of letter dated 22.07.2017 the defendant
apologize to plaintiff and promise to clear the outstanding amount of
Rs.7,29,316/. Vide letter dated 22.07.2017, the plaintiff again
demanded the outstanding dues towards the Invoice from the defendant
and defendant issued cheque of Rs.1,29,316/ and two cheques of
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Rs.3,00,000/ each. On depositing the said cheques, they were
dishonoured for the reason “FUNDS INSUFFICIENT”. Thereafter,
defendant transferred Rs.29,316/ by way of RTGS on 09.11.2017
leaving behind sum of Rs.1,00,000/. Hence, it is prayed that Summons
for Judgment be made absolute.
4. Inspite of service of Summons for Judgment, the defendant
failed to appear and apply for leave to defend the suit. Therefore,
Summons for Judgment proceeded without reply of defendant.
5. I have gone through written notes of argument submitted on
behalf of plaintiff and office copy of Invoice No.7R dated 11.05.2017
which is filed on record. The recital of the said invoice reflects that on
11.05.2017 loose colours stones worth Rs.7,29,316/ were purchased by
the defendant. The original three cheques alongwith memo dishonoured
on record shows that those cheques were issued for the sum of
Rs.1,29,316/ and two cheques were issued for Rs.3,00,000/ each.
According to plaintiff, the defendant has made payment of Rs.29,316/
by way of RTGS. The recitals of demand notice dated 04.01.2018,
reflects that the plaintiff had demanded Rs.7,00,000/ from the
defendant alongwith interest @ 18% per month. As the defendant failed
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to apply for leave to defend the suit, the contentions raised by plaintiff
coupled with original documents adduced on record shows that the
defendant is in due of Rs.7,00,000/ with interest @ 18% p.a. from the
date of filing of suit till its realization.
6. Accordingly, Summons for Judgment is required to be made
absolute in terms of prayer made by plaintiff. Resultantly, I pass
following order.
ORDER
1. Summons for Judgment No.180 of 2018 is made absolute and
suit is decreed with costs.
2. Defendant is directed to pay the plaintiff sum of Rs.7,00,000/
(Rs. Seven Lakhs Only) alongwith interest @ 18% per annum
from the date of filing of the suit till the realization of decretal
amount, within two months from the date of order.
3. Decree be drawn up accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 03/10/2019
Dictated on : 03.10.2019
Transcribed on : 04.10.2019
Signed on : 04.10.2019
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