Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.868/2018
Received on : 06.04.2018
Registered on : 23.08.2018
Decided on : 30.03.2019
Duration : Y M D
00 11 25
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 868 OF 2018
CNR NO.: MHCC010046222018
M/s. Otarmal Kantilal & Co.
a Registered Partnership Firm carrying on
business at Shop No.8, Kalyan Building No.2,
Sadashiv Cross Lane, Kandewadi, Bombay – 400
004 through its Partner Mr. Parasmal Otarmal
Jain, Aged about 64 years. ...Plaintiff
V/S.
1. Dayashankar Hiralal Pathak
(Age not known)
an adult Indian Inhabitant, working for gain
with National Bank for Agricultural and Rural
Development, “C” Wing, DGP Department,
Bandra – Kurla Complex, Mumbai – 400 051
and residing at 5/A, Room No.14, NABARD
Quarter, Damodar Park, Near Shreyas
Theatre, Ghatkopar (West), Mumbai – 400 086.
2. Dinkar Antu Ravidhone
(Age not known)
an adult Indian Inhabitant, working for gain
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with Indian Government Mint, T. No.2418,
Coining Department, S.B. Road, Fort,
Mumbai – 400 023 and residing at Vasant
Nivas, Navapada, Subhash Road, Dombivali
(West), Dist Thane. ...Defendants.
Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 30th MARCH, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that on 7th April 2015, defendant No.1 for
valuable consideration viz. a sum of Rs.40,000/ received from them,
drew a Bill of Exchange directing thereby defendant No.2 to pay to
them or Order at Bombay, a sum of Rs.40,000/ on demand. Plaintiff
has further stated that the said Bill of Exchange was accepted by No.2
and delivered to the them on the same day. Plaintiff has further stated
that on 7th May 2015 they presented the suit Bill of Exchange to
defendant No.2 and demanded the amount due thereunder. Defendant
No.2 dishonoured the same by nonpayment. Plaintiff has further stated
that thereupon they immediately, informed defendant No.1 about the
dishonour of the suit Bill of Exchange and demanded from defendant
No.1 the said amount of Rs.40,000/. Plaintiff has further stated that
defendant No.1 also failed and neglected to pay the said amount or any
part thereof. Plaintiff has further stated that they by their Advocate's
letter dated 6th December 2017 recorded the above facts and called
upon the defendants to pay the said amount of Rs.40,000/ and interest
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accrued.
2. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against both defendants.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.60,949/ from
defendants along with interest @
18% p. a. on the principal sum of Rs.
40,000/ from the date of filing of the
suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff has adduced evidence of Parasmal Otarmal Jain
(P.W.1), partner of the plaintiff below Exh.6 in the form of affidavit.
Plaintiff relied upon the following documents as documentary evidence
which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Extract of the Registration of the plaintiff's Firm
with the Registrar of Firm.
2. Exh.9 Bill of Exchange dated 7th April 2015
3. Exh.10 The plaintiff's Advocates' letter dated 6th
December 2017, alongwith the Courier records in
respect thereof.
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AS TO POINT NOS. 1 AND 2:
6. Plaintiff has adduced evidence of Parasmal Otarmal Jain (P.W.1),
partner of the plaintiff below Exh.6 in the form of affidavit and stated
that the plaintiffs have filed the above suit against the defendants
abovenamed for recovery of a sum of Rs.60,949/ and for further
interest @ 18% p.a. or at such further rate of interest on the principal
amount of Rs.40,000/ from filing of the suit till realisation and costs of
the Suit in respect of the Bill of Exchange dated 7th April 2015. The said
Bill of Exchange was executed by defendant No.1 and has been
accepted by defendant No.2. Parasmal Otarmal Jain (P.W.1) has further
stated that defendants were duly served with the Writ of Summons
alongwith the true copy of the Plaint on 25th September 2018 .
7. Plaintiff has produced all the corroborating documents which are
Extract of the Registration of the plaintiff's Firm with the Registrar of
Firm, Bill of Exchange dated 7th April 2015 and the plaintiff's Advocates'
letter dated 6th December 2017, alongwith the Courier records in
respect thereof on record as documentary evidence. The oral evidence
of plaintiff is corroborated by documentary evidence. Defendants have
failed to challenge all the allegations in the plaint and evidence of
plaintiff. Due to all these circumstances, plaintiff has proved that he is
entitled to get sum of Rs.60,949/ from both defendants jointly.
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.40,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
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ORDER
1. Suit is partly decreed with cost.
2. Defendant Nos. 1 and 2 are jointly and severally directed to pay
amount of Rs.60,949/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.40,000/ from the date of filing of the
suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 30.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.03.2019
Transcribed on : 30.03.2019
Signed on : 30.03.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.04.2019 At 3:24 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
30.03.2019
Judgment/Order signed by P.O. on 30.03.2019
Judgment/Order uploaded on 20.04.2019
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