Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.869/2018 1
Received on : 21.04.2018
Registered on : 23.08.2018
Decided on : 04.10.2019
Duration : 01Y 01 M 11D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 869 of 2018
CNR NO.: MHCC010054472018
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
Versus
1.Baliram Gangaram Tapekar
(Age not known)
an adult Indian Inhabitant, working for
gain with Government College Hostel,
Peon, Higher Education Department,
Room No.32, Employees Residence,
Ground Floor, 'C' Road, Churchgate,
Mumbai – 400 020
2. Nitin Krishna Wadkar
(Age not known)
an adullt Indian Inhabitant, working for
gain with Prabhadevi Garage, Dhanmil
Naka, Saamna Press Marg, Prabhadevi,
Mumbai – 400 025 and residing at Room
No.10, Meghnagar, Sane Guruji Marg,
Arthur Road Naka, Mumbai – 400 011. ….Defendants
Appearances:
Advocate Mr. Deleep Satale for the Plaintiff.
Defendants Exparte.
-- 1 of 5 --
SUMMARY SUIT NO.869/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 04th October 2019
J U D G M E N T
This is a suit for recovery of Rs.35,941/(Rupees Thirty
Five Thousand Nine Hundred and Forty One only).
2. Plaintiff case in nut shell is that on 13/01/2015 Defendant
No. 1 for valuable consideration of Rs.25,000 / received from the
plaintiff, drew a bill o exchange directing defendant No.2 to pay
plaintiff Rs. 25,000/ on demand. On 12/02/2015 plaintiff presented
the bill of exchange to defendant No.2 but it was dishonoured.
Defendant No.1 also refused to pay the said amount. Both defendants
are in default of Rs.35,941/. Hence, this 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 come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
defendant executed bill of
exchange for valuable
consideration of Rs.25,000/?
Yes
2. Whether plaintiff prove that
amount of Rs.35,941/ is due and
recoverable from defendants?
Yes
-- 2 of 5 --
SUMMARY SUIT NO.869/2018 3
3. Whether plaintiff is entitle for
recovery of Rs.35,941/ alongwith
interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Parasmal Otarmal Jain vide Exh.6 and
filed original bill of exchange, and demand notice.
6. Heard Ld. counsel for plaintiff.
7. The affidavit is supported by documentary evidence. The original
bill of exchange, and demand notice shows that on 13/01/2015
Defendant No. 1 for valuable consideration of Rs.25,000/ received
from the plaintiff, drew a bill o exchange directing defendant No.2 to
pay plaintiff Rs.25,000/ on demand. On 12/02/2015 plaintiff
presented the bill of exchange to defendant No.2 but it was
dishonoured. Defendant No.1 also refused to pay the said amount. Both
defendants are in default of Rs.35,941 /. As far as rate of interest is
concerned plaintiff has prayed interest at the rate 18% p.a. As per
section 80 of Negotiable Instruments Act 1881 such rate of interest can
be granted. Therefore point no.1 to 3 is answered as 'Yes' and following
order is passed.
-- 3 of 5 --
SUMMARY SUIT NO.869/2018 4
ORDER
1. Suit is exparte decreed with costs.
2. Defendant no 1 and 2 do jointly and severally pay to plaintiff a
sum of Rs.35,941/(Rupees Thirty Five Thousand Nine Hundred and
Forty One only) with interest @18 % p.a. from the date of filling of the
suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 04.10.2019 City Civil Court,Gr. Bombay
Dictated on : 04.10.2019
Transcribed on : 04.10.2019
Signed on : 05.10.2019
-- 4 of 5 --
SUMMARY SUIT NO.869/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07.10.2019 and 12.30p.m. Mrs.A. S. Sugdare
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 07/10/2019
-- 5 of 5 --