Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment in Summary Suit 527-19 1
Date : 30.01.2020
Presented on 09.04.2019
Registered on 09.04.2019
Decided on 30.01.2020
Duration Yrs. M. Days
00 09 21
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
SUMMARY SUIT NO. 527 OF 2019
(CNR NO.MHCC01 0042382019 )
Ms. Otarmal Kantilal & Co. )
a Registered Parnership Firm )
carrying on business at Shop No. 8 )
Kalyan Building No. 2, Sadashiv )
Cross Lane, Kandewadi, Bombay )
400 004 through its partner )
Mr. Paramal Otarmal Jain, aged )
about 64 years ) .. Plaintiff
Versus
1. Vilas Jagannath Kamble )
(Age not known) )
an adult Indian Inhabitant working )
for gain with BEST Worli Depot, )
Traffic Department, Samitra Marg, )
P.S. No. 35/08, Ch. No. 1931611, )
Worli, Mumbai – 400 018 )
and residing at L58, BEST Colony )
Parel, Mumbai – 400 012. )
1. Avinash Shivaji Waidande, )
(Age not known) )
an adult Indian Inhabitant working )
for gain with BEST Wadala Depot, )
P.S. No. 44902, Ch. No. 409559, )
Enforcement & Training Department )
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Judgment in Summary Suit 527-19 2
Date : 30.01.2020
(N) Wadala, Mumbai – 400 031 )
and residing at B81, BEST Quarters )
Rajkamal Studio Marg, Parel, )
Mumbai – 400 012. ) .. Defendants
Appearances :
Adv.Vikas Saindane for plaintiff present.
Coram : His Honour Judge
Shri. A.H.Laddhad.
Judge
CR No. : 7
Date : 30.01.2020
JUDGMENT
SUIT FOR RECOVERY OF AMOUNT OF RS. 59,332/
1. The plaintiff filed instant suit for recovery of Rs. 59,332/
alongwith interest @ 18% p.a. on principle amount of Rs. 40,000/
2. It is the case of plaintiff that they are the partnership firm. On
20.06.2016, they have advanced an amount of Rs. 40,000/ to the
defendant no. 1 for valuable consideration. The defendant no. 1 draw
Bill of Exchange directing the defendant no. 2 to pay to the plaintiff.
The plaintiff on 19.07.2016 presented Bill of Exchange to the defendant
no. 2 and demanded an amount. However, defendant no. 2 dishonored
the Bill of Exchange. Therefore, the plaintiff informed about the
dishonor of Bill of Exchange to the defendant no. 1. The defendant no.
1 also failed and neglected to pay the said amount. Hence, the plaintiff
on 11.02.2019 issued demand notice calling upon both the defendants
to pay jointly and severally the amount due. However, the defendants
failed and neglected to pay the amount of Bill of Exchange. Hence,
plaintiff filed instant suit.
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Judgment in Summary Suit 527-19 3
Date : 30.01.2020
3. The plaintiff served the suit summons upon the defendants. The
defendants inspite of service of summons failed to appear hence, the
suit proceeded Exparte.
4. The plaintiff in order to prove its case, filed document as per list
Exh. 7. The plaintiff produce original Bill of Exchange marked as Exh. 8
and Demand notice dated 11.02.2019 Exh. 9. I have perused the Bill of
Exchange. The defendant no. 1 is the drawer of Bill of Exchange which
is directed to be payable by the defendant no. 2. As the testimony of
the plaintiff remain unchallenged, hence, I have no hesitation to accept
the truthfulness of Bill of Exchange Exh. 8. Hence, in my view, the
plaintiff is entitled to recover an amount of Rs. 40,000/ jointly and
severally from the defendants. As per Section 138 of Negotiable
Instrument Act, the plaintiff can claim interest @ 18% p.a. Hence,
plaintiff is entitled to recover an amount of Rs. 40,000/ together with
interest @ 18% p.a.
5. The defendant no. 1 issued Bill of Exchange on 20.06.2018. The
plaintiff filed instant suit on 09.04.2019 therefore, the suit appears to
be within limitation. Hence, in my view, the suit needs to be decreed.
Thus, I proceed to pass the following order :
ORDER
1. Suit is decreed with cost.
2. Plaintiff is entitled to recover an amount of Rs. 59,332/
together with interest on principal sum of Rs. 40,000/ at the
rate 18% p.a. from date of filing of suit till its realization.
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Judgment in Summary Suit 527-19 4
Date : 30.01.2020
3. Decree be drawn up accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 30.01.2020 Greater Mumbai
Dictated on : 30.01.2020
Transcribed on : 30.01.2020
Draft submitted on : 30.01.2020
Checked on : 03.02.2020
Signed on : 03.02.2020
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Judgment in Summary Suit 527-19 5
Date : 30.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/02/2020 at 11.30 a.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.10)
Date of Pronouncement of
JUDGMENT/ ORDER
30/01/2020
JUDGMENT/ORDER signed by
P.O. on
03/02/2020
JUDGMENT/ORDER uploaded
on
05/02/2020
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