Interim Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 21.03.2018
Registered on 02.05.2018
Decided on 17.01.2019
Duration Yrs. M. Days
08 15
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.531 OF 2018
Sunil Kanayalal Rochlani, Adult, Indian
Inhabitant of Mumbai, aged 50 years,
carrying on business at 34.40, Seth Hansraj
Ladha Charitable Trust Building Shop NO.6,
Cross Lane, Kalbadevi, Mumbai400 002. ...Plaintiff.
V/s.
1. Krishna Fashion World, A Partnership
Firm, carrying on 87, Krishna Building,
Business at Opp. H.P. Petrol Pump, S.V.
Road, Khar (West), Mumbai400 052 and at
C/o New Krishna Fashion World, 2nd floor,
Opp. Old Khar (West), Mumbai400 052.
And at
Above Prince mattress & Furnishing, 8563
Shop No.9, Shell Colony Road, Chembur,
Mumbai400071.
2. Mr.Ramesh M. Petel, Adult, Indian
Inhabitant of Mumbai, age and full name
not known, carrying on business on 87,
Krishna Building, Opp. H.P. Petrol Pump,
S.V. Road, Khar (West), Mumbai400 052
And at
Above Prince mattress & Furnishing, 8563
Shop No.9, Shell Colony Road, Chembur,
Mumbai400071.
MHCC01-003912-2018
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3. Mr.Mahadev Patel, Adult, Indian
Inhabitant of Mumbai, age and full name
not known, carrying on business on 87,
Krishna Building, Opp. H.P. Petrol Pump,
S.V. Road, Khar (West), Mumbai400 052
And at
C/o, New Krishna Fashion World, 130
Mohammadali Manzil, 2nd Floor, Opp Old
Hanuman Mandir, Opp S.V. Road, Old Khar
(West), Mumbai400052.
The defendant No.3 is the partner at the
defendant No.1) ...Defendants.
Appearances:
Ld. Adv Ms.Kavita Lalwani for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 17th January ,2019
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.7,60,000/ with interest.
2. In short, plaintiff came with a case that, plaintiff is carrying on
business at the address mentioned in the title clause. Defendant No.1 is
a partnership firm carrying on business at the address mentioned in the
title clause. Defendant No.2 is carrying on business at the address
mentioned in the title clause and defendant No.3 is the partner of
defendant No.1.
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3. Plaintiff submitted that, on 23.03.2015 defendant No.1 for
valuable consideration drew a demand bill of exchange on defendant
No.2 in favour of plaintiff in the sum of Rs.Five Lakhs. The said Billof
Exchange accepted by defendant No.2 for payment. Thereafter, on
23.04.2015 plaintiff presented the said BillofExchange for payment of
Rs.Five Lakhs to defendant No.2 and then to defendant No.2. However,
both dishonoured the said and promised to pay the amount within a
short time. As defendant No.3 is partner of defendant No.1 he is also
jointly and severally liable to pay the amount. Plaintiff, thereafter, on
several occasions called upon all the defendants to pay Rs.Five Lakhs
along with interest. However, defendants avoided the same in spite of
promise. At last plaintiff issued notice dt.05.03.2018 through Advocate
and called upon defendants to pay Rs.Five Lakhs along with interest.
However, defendants replied the same nor made the payment
demanded by plaintiff. Therefore, plaintiff filed this suit against
defendants for recovery of amount.
4. Writ of summons came to be issued against defendants. It is
served upon defendants and plaintiff filed service affidavit. In spite of
service of writ of summons none of the defendants appeared to contest
the suit. Hence, suit proceeded exparte against defendants.
5. In order to substantiate his claim plaintiff filed evidence affidavit
at Exh.6 and list of documents. Plaintiff proved the documents –
original demand BillofExchange dt.23.03.2015 (Exh.8) and Adocates'
Notice dt.05.03.2018 (Exh.9).
6. Heard learned Advocate for plaintiff. Perused the record and
proceedings.
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7. On perusal of BillofExchange at Exh.8 it is crystal clear that,
defendant NO.1 for valuable consideration executed the said Billof
Exchange and defendant No.2 was promised to pay Rs.Five Lakhs on
presentation of said BillofExchange. But defendants have not paid the
sum as demanded by plaintiff. The claim of plaintiff remains
unrebutted as none of the defendants appeared to contest the suit.
Therefore, documents submitted by plaintiff remain uncontroverted and
unchallenged. Hence, claim put forth by plaintiff remains unchallenged
and unrebutted. Therefore, suit filed by plaintiff for recovery under
O.XXXVII R.2 of C.P.C. needs to be accepted. Defendants neither
present nor rebutted the claim of plaintiff. Which clearly establishes the
claim of plaintiff. Defendant No.3 being partner of defendant No.1, he
is also jointly and severally liable to pay the amount to plaintiff.
Therefore, plaintiff is entitled to recover amount which borrowed by
defendant No.1 along with interest @ 18% per annum. In spite of
repeated demand and opportunity defendants have not paid the
amount. Therefore, costs of this suit needs to be saddled on defendants.
8. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant nos. 1, 2, 3 jointly and severally do pay
Rs.7,60,000/ along with interest @ 18 percent per
annum on principal amount of Rs.5,00,000/ to plaintiff
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from the date of filing of this suit till realization of
entire decreetal amount.
3. Defendant nos. 1, 2, 3 jointly and severally do bear their
own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 17/01/2019 City Civil Court, Gr. Mumbai
Dictated on : 17.01.2019
Transcribed on : 18.01.2019
Signed on : 21.01.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.01.19 at 5.04 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 17.01.19
Judgment/order signed by P.O. on 21.01.19
Judgment/order uploaded on 21.01.19
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