Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.870/2018
Received on : 21.04.2018
Registered on : 23.08.2018
Decided on : 30.03.2019
Duration : Y M D
00 11 10
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 870 OF 2018
CNR NO.: MHCC010054452018
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. Prakash Vishnu Bhise
(Age not known)
an adult Indian Inhabitant, working for
gain with BEST Bus Depot, Bus
Conductor No.187454, Payment Slip
No.35/18, Dharavi, Mumbai – 400 017
and residing at Building No.18A, Room
No.1, Chandivali MHADA Colony,
Andheri, Mumbai – 400 072.
2. Dinkar Antu Ravidhone
(Age not known)
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an adult Indian Inhabitant, working for
gain 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 March 2015, defendant No.1 for
valuable consideration viz. a sum of Rs.20,000/ 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.20,000/ on demand. Plaintiff
has further stated that defendant No.2 accepted and delivered the said
Bill of Exchange to them on the same day. Plaintiff has further stated
that on 4th April 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
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No.1 the said amount of Rs.20,000/. 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 pursuant to the provisions
of the Negotiable Instruments Act and on account of dishonour of the
suit Bill of Exchange, they have become entitled to and the defendants
have jointly and severally, become liable to pay the said amount of
Rs.20,000/ and interest thereon at the rate of 18% per annum from the
date of dishonour till payment. 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.20,000/ and interest accrued. Plaintiff has further stated that
thereafter, on their repeated requests and demands, the defendants
have made part payment of Rs.2,000/ on or about 8 th January 2018.
Plaintiff has further stated that the said part payment has been duly
appropriated towards the principal amount, thus leaving behind the
balance principal amount or Rs.18,000/ alongwith accrued interest.
Plaintiff has further stated that thereafter, despite their repeated
demands, the defendants have failed and neglected to make any further
payments and have kept them on false and baseless promises and thus
have gained time. Plaintiff has further stated that in the premises
aforesaid, there is now due and payable by the defendants, jointly an
severally, a sum of Rs.28,698/ to them, in accordance with the
particulars of claim.
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.
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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.28,698/ from
defendants along with interest @
18% p. a. on the sum of Rs. 18,000/
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 filed 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 5th March 2015
3. Exh.10 The plaintiff's Advocates' letter dated 6th
December 2017, alongwith the Courier records in
respect thereof.
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.28,698/ and for further
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interest @ 18% p.a. or at such further rate of interest on the principal
amount of Rs.18,000/ from filing of the suit till realisation and costs of
the Suit in respect of the Bill of Exchange dated 5th March 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 24th 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 5th March 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.28,698/ 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.18,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant Nos. 1 and 2 are jointly and severally directed to pay
amount of Rs.28,698/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.18,000/ from the date of filing of the
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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.”
22.04.2019 At 3:21 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 22.04.2019
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