Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT 910/2018 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. 910 OF 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010061182018
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. Dayanand Sopana Hinge
(Age not known)
an adult Indian Inhabitant, working for
gain with BEST Bus Depot, Payment Slip
No.35/06, Kurla (West), Mumbai400 067
and residing at Shantikunj Coop.Hsg.Society
Room No.F304, Plot No.14, Sector No.4,
Kharghar, Navi Mumbai410 210.
2. Prakash Vishnu Bhise
an adult Indian Inhabitant, working for
gain with BEST Bus Depot, Bus Conductor
No.187454, Payment Slip No.35/18, Dharavi,
Mumbai400 017 and residing at Building
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SUMMARY SUIT 910/2018 2
No.18A, Room No.1, Chandivali MHADA
Colony, Andheri, Mumbai400 072. ….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.29,922/(Rupees Twenty Nine
Thousand Nine Hundred and Twenty Two only).
2. The plaintiff case in nut shell is that on24/06/2015 defendant
No.1 for valuable consideration of Rs. 20,000/ 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.29,922/(Rupees Twenty Nine
Thousand Nine Hundred and Twenty Two 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 910/2018 3
POINTS FINDINGS
1. Whether the plaintiff proves
that defendants executed bill of
exchange for valuable consideration
of Rs.20,000/?
Yes
2. Whether the plaintiff proves that
amount of Rs.29,922/(Rupees
Twenty Nine Thousand Nine
Hundred and Twenty Two only) is
due and recoverable from
defendant?
Yes
3. Whether the plaintiff is
entitled for recovery of Rs.29,922/
(Rupees Twenty Nine Thousand
Nine Hundred and Twenty Two
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 24/06/2015 defendant
No.1 for valuable consideration of Rs. 20,000/ drew a bill of exchange
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SUMMARY SUIT 910/2018 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.29,922/(Rupees Twenty Nine
Thousand Nine Hundred and Twenty Two 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.29,922/
(Rupees Twenty Nine Thousand Nine Hundred and Twenty Two 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 910/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 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
09/07/2019
Judgment/Order signed by P.O. on 11/07/2019
Judgment/Order uploaded on 15/07/2019
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