Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.523/2019 1
Received on :04042019
Registered on :02052019
Decided on : 21112019
Duration : 00Y 07M 18D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 523 of 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010042582019)
Rameshkumar Babulal Shah
age about 58 years,
of Mumbai, an adult Indian Inhabitant
having his address at 12, Kakad Wadi,
Ground floor, Mogre Building, V.P.Road,
Bombay400 004. ....Plaintiff
Versus
1. Rajesh Gulab Shinde
(Age not known)
of Mumbai an adult Indian Inhabitant
working for gain with BEST Electric
House, Worli, Mmbai400 018 and
residing at B305, Parijat, Green Field
Complex, Sheetal Nagar, Near Holly Cross
Church, Mira Road(East), Thane 401 107.
2. Vishwanath Mahadev Shelar
(Age Not known)
of Mumbai an adult Indian Inhabitant
working for gain withM.H.Saboo Siddik
College of Engineering 8, Saboo Siddik
Polytechnic Road, New Nagpada, Mazgaon,
Mumbai400 008 and residing at M.B.
Bhosale Chawl, Near Sarvodaya Hospital,
Bhim Nagar, Ghatkopar(W),
Mumbai400 085. ….Defendants
Appearances:
Advocate Ms.Divya Jain &Mr.Dileep Satale for the Plaintiff.
Defendants Exparte.
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CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 21st NOVEMBER 2019
J U D G M E N T
1. This is Summary Suit for recovery of Rs.33,151/(Rupees Thirty
Three Thousand One Hundred and Fifty One only) with interest @ 18%
p.a. from the date of the suit till realization of amount.
2. According to the plaintiff, for valuable consideration that is sum
of Rs.30,000/ received from him on 26/07/2018, defendant No.1
drawn a bill of exchange directing defendant No.2 to pay on demand to
the plaintiff or at order, the sum of Rs.30,000/. Defendant No.2
accepted the same bill of exchange and delivered the same to the
plaintiff on 25/08/2018. The plaintiff presented said bill of exchange to
defendant No.2 and demanded the due amount. However, defendant
No.2 did not pay the same amount and dishonoured the bill of
exchange. The plaintiff informed about it to defendant No.1 but he also
neglected to pay the said amount of Rs.30,000/. Vide legal notice
dated 25/02/2019, the plaintiff called upon the defendants to pay the
said amount with accrued interest @ 18% p.a., the instrument being
negotiable instrument. Despite service of notice the defendants failed to
pay the amount. The amount due and payable by the defendants along
with interest on the date of the suit was Rs.33,151/. Therefore, the
plaintiff prayed to grant decree for recovery of said amount with
interest @18% p.a. from the date of suit till realisation of amount on
the principal amount of Rs.30,000/.
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SUMMARY SUIT NO.523/2019 3
3. Despite service of summons the defendants failed to appear.
Therefore, the suit proceeded exparte against the defendants.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of amount of Rs.33,151/ as
prayed?
Affirmative
2. Whether the plaintiff is entitled to lis
pendence and future interest as prayed?
Affirmative
3.What order and decree? As per final order
REASONS
AS TO POINTS NO.1 to 3
5. The plaintiff filed evidence affidavit at Exh.6 and also produced
documents with list at Exh.8. His testimony speaks that defendant No.1
issued bill of exchange of Rs.30,000/. Defendant No.2 accepted the
same bill of exchange. When the plaintiff presented it on 25/08/2018,
the defendants did not honour the bill of exchange. Therefore notice
dated 25/02/2019 was issued to the defendants.
6. The documents that is bill of exchange is filed on record. It shows
that defendant No.1 issued the same bill of exchange in favour of the
plaintiff. The same was directed to defendant No.2 who accepted the
same. Copy of notice dated 25/02/2019 is also produced on record.
Thus, from the documents and testimony of the plaintiff with the
circumstance that the defendants did not contest the matter, the
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SUMMARY SUIT NO.523/2019 4
plaintiffs case is proved. Therefore, the plaintiff is entitled to recovery of
amount as prayed along with interest at 18% p.a. Hence, points No.1
and 2 are answered in the affirmative and in answer to point No.3 order
as follows is passed.
ORDER
1. The suit is exparte decreed with costs as under:
2. Defendants No.1 and 2 shall jointly and severally pay to the
plaintiff amount of Rs.33,151/ (Rupees Thirty Three Thousand One
Hundred and Fifty One only) along with interest @18% p.a. on
principal sum of Rs.30,000/ from the date of suit till realization of the
amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 21/11/2019 City Civil Court,Gr. Mumbai
Dictated on : 21/11/2019
Transcribed on : 22/11/2019
Signed on : 22/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/11/2019 at 10.40a.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 21/11/2019
Judgment/Order signed by P.O. on 22/11/2019
Judgment/Order uploaded on 28/11/2019
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