Final Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1 SUM.SUIT 591/18
Received on : 16042018
Registered on : 16042018
Decided on : 04072019
Duration : 01Y 02M 19D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 591 OF 2018
CNR NO.: MHCC010049982018
DILIKUMAR ATMARAM NAGPAL
Indian Inhabitant of Bombay, Age 56 years,
Having his address at 405A, Neelkanth,
98,Marine Drive, Mumbai400002. ...Plaintiff
Versus
1. Jinnam Fashion World
Is a Partnership Firm having address at:
BLKA, Sunmill Compound
Opp Dena Bank, Lower Parel West,
Mumbai400 013
2. Mr.Jitendra Mulji Gada
Age not known adult, Occ.Business
Having address as : Red Springs Mills,
Flat No.3401,G.D. Ambedkar Marg,
Near Wadala Telephone Exchange,
Dadar East,Mumbai400 014.
3. Mr.Dharmendra Mulji Gada
Age not known adult, Occ.Business
Having address as : Red Springs Mills,
Flat No.3401,G.D. Ambedkar Marg,
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JUDGMENT 2 SUM.SUIT 591/18
Near Wadala Telephone Exchange,
Dadar East,Mumbai400 014.
4. Mrs.Sushila Dharmendra Gada
Age not known adult, Occ.Business
Having address as : Red Springs Mills,
Flat No.3401,G.D. Ambedkar Marg,
Near Wadala Telephone Exchange,
Dadar East,Mumbai400 014.
5. Mrs.Anila Jitendra Gada
Age & Occ.Not known adult,
Age not known adult, Occ.Business
Having address as : Red Springs Mills,
Flat No.3401,G.D. Ambedkar Marg,
Near Wadala Telephone Exchange,
Dadar East,Mumbai400 014. ….Defendants
Appearances:
Advocate Ms Rawal for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 4TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.6,36,000/(Rupees Six lacs
and Thirty Six Thousand only).
2. The plaintiff case in nut shell is that defendant No.1 is
partnership firm and defendant No.2 to 5 are its partners. The
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JUDGMENT 3 SUM.SUIT 591/18
defendants requested plaintiff to raise funds of Rs. 18,00,000/ on
24/05/2017. Defendants drawn bill of exchange of sum of
Rs.18,00,000/ in favour of plaintiff. Defendants had also agreed to pay
interest for six months. Defendants had repaid amount of Rs.
12,00,000/ but balance amount of Rs.6,00,000/ is still not paid by
them. Defendants have issued two cheques each of Rs.3,00,000/ to
repay the said amount of Rs. 6,00,000/ but those cheques were
dishonoured. Defendants are in default to pay amount of Rs.6,36,000/.
Hence, the suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points arise for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff proves
that defendants have obtained
Rs.18,00,000/ from him.?
Yes
2. Whether the plaintiff proves
that amount of Rs.6,36,000/
(Rupees Six lacs and Thirty Six
Thousand only) is due and
recoverable from defendants?
Yes
3. Whether the plaintiff is
entitled for recovery of
Rs.6,36,000/(Rupees Six lacs and
Thirty Six Thousand only) along
with interest as claimed?
Yes
4. What order and decree? As per final order
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JUDGMENT 4 SUM.SUIT 591/18
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exh.5 and filed original
bill of exchange, dishonoured cheques.
6. Perused the written notes of arguments Exh.8 filed by Ld.counsel
for plaintiff.
7. The oral evidence has gone unchallenged. The original bill of
exchange and dishonboured cheques shows that defendant No.1 is
partnership firm and defendant No.2 to 5 are its partners. The
defendant requested plaintiff to raise funds of Rs. 18,00,000/ on
24/05/2017. Defendants drawn bill of exchange of sum of
Rs.18,00,000/ in favour of plaintiff. Defendants had also agreed to pay
interest for six months. Defendants had repaid amount of Rs.
12,00,000/ but balance amount of Rs.6,00,000/ is still not paid by
them. Defendants have issued two cheques each of Rs.3,00,000/ to
repay the said amount of Rs. 6,00,000/ but those cheques were
dishonoured. Defendants are in default to pay amount of Rs.6,36,000/
(Rupees Six lacs and Thirty Six Thousand only). As far as rate of
interest is concerned the plaintiff has claimed interest @ 18% p.a.as
per section 80 of Negotiable Instruments Act 1882 such rate of interest
can be granted. Therefore, point No.1 to 3 is answered as Yes and
following order is passed.
ORDER
1. Suit is exparte decreed with costs.
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JUDGMENT 5 SUM.SUIT 591/18
2. Defendant No.1 to 5 do jointly and severally pay amount of
Rs.6,36,000/(Rupees Six lacs and Thirty Six Thousand only) with
interest @ 18% p.a. from the date of filing of suit till the date of
realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 04/07/2019 City Civil Court,Gr. Bombay
Dictated on : 04/07/2019
Transcribed on : 05/07/2019
Signed on : 05/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/07/2019 at 11.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
04/07/2019
Judgment/Order signed by P.O. on 05/07/2019
Judgment/Order uploaded on 10/07/2019
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