Full Order Text
Order 1 · 04 Oct 2019 · CNR MHCC010054472018
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 --