Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT 908/2018 1
Received on : 04052018
Registered on : 01092018
Decided on : 09072019
Duration : 01Y 02M 19D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 908 OF 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010061102018
M/s.Otarmal Kantilal & Co.
a Registered Partnership firm carrying on
business at Shop No.8, Kalyan Building,
No.2, Sadashiv Cross Lane, Kandewadi
Bombay400 004 through its Partner
Mr.Parasmal Otarmal Jain, Age about 64 years ...Plaintiff
Versus
1. Prabhakar Hariram Koli
(Age not known)
an adult Indian Inhabitant working for
gain with LIC of India, Branch No.939,Jeevan
Kunj, Chembur, Mumbai400 071 and
residing at Trombay Koliwada, Kishor Wadi
Mumbai400 088.
2. Daniel Vasave
(Full name & Age not known)
an adult Indian Inhabitant working for
gain with Department of Nero Surgery,
Ward No.25,4th floor, J.J.Hospital,
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SUMMARY SUIT 908/2018 2
Mumbai400 008
and residing at High Rise Building, 9/905,
G.T.Hospital, Mumbai400 001. ….Defendants
Appearances:
Advocate Ms.Divya Jain & Mr.Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 9TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.4,47,945/(Rupees Four
lacs Forty Seven Thousand Nine Hundred and Forty Five only).
2. The plaintiff case in nut shell is that on 30/06/2015
defendant No.1 for valuable consideration of Rs. 3 Lacs drew a bill of
exchange directing defendant No.2 to pay plaintiff the said amount.
Defendant No.2 accepted and delivered the said bill of exchange to
plaintiff. Inspite of demand the defendants did not honoured bill of
exchange. Defendants are in default of Rs.4,47,945/(Rupees Four lacs
Forty Seven Thousand Nine Hundred and Forty Five only). 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:
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SUMMARY SUIT 908/2018 3
POINTS FINDINGS
1. Whether the plaintiff proves
that defendants executed bill of
exchange for valuable consideration of
Rs.3,00,000/?
Yes
2. Whether the plaintiff proves that
amount of Rs.4,47,945/(Rupees Four
lacs Forty Seven Thousand Nine
Hundred and Forty Five only) is due
and recoverable from defendant?
Yes
3. Whether the plaintiff is entitled
for recovery of Rs.4,47,945/(Rupees
Four lacs Forty Seven Thousand Nine
Hundred and Forty Five only) along
with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NO.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Parasmal Otarmal Jain Exh.6 and filed
original bill of exchange and advocate demand notice.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The bill of exchange
and advocate demand notice shows that on 30/06/2015 defendant
No.1 for valuable consideration of Rs. 3 Lacs drew a bill of exchange
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SUMMARY SUIT 908/2018 4
directing defendant No.2 to pay plaintiff the said amount. Defendant
No.2 accepted and delivered the said bill of exchange to plaintiff.
Inspite of demand the defendants did not honoured bill of exchange.
Defendants are in default of Rs.4,47,945/(Rupees Four lacs Forty
Seven Thousand Nine Hundred and Forty Five only). As far as rate of
interest is concerned, the plaintiff has claimed interest @ 18% p.a. as
per section 80 of N.I.Act 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.
2. Defendants do jointly and severally pay amount of Rs.4,47,945/
(Rupees Four lacs Forty Seven Thousand Nine Hundred and Forty Five
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:09/07/2019 City Civil Court,Gr. Bombay
Dictated on : 09/07/2019
Transcribed on :10/07/2019
Signed on :11/07/2019
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SUMMARY SUIT 908/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 at 02.22p.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
09/07/2019
Judgment/Order signed by P.O. on 11/07/2019
Judgment/Order uploaded on 15/07/2019
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