Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.911/2018
Received on : 04.05.2018
Registered on : 01.09.2018
Decided on : 29.06.2019
Duration : Y M D
01 01 27
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 911 OF 2018
CNR NO.: MHCC010061192018
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. MEENA MAHADEO SHINDE
(Age not known)
an adult Indian Inhabitant, working for gain
with Central Railway at Nirmal Park, Byculla,
Mumbai – 400 007 and residing at Building
No.1R/B/100, Room No.1, Railway Colony,
Kurla (East), Mumbai.
2. PRAMOD KESHAV PEDNEKAR
(Age not known)
an adult Indian Inhabitant, working for gain
with Reserve Bank of India P & S.E.
Department, Main Building, Shahid Bhagat
Singh Road, Fort, Mumbai – 400 001 and
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residing at 4/135, Shiv Krupa, N.M. Joshi
Marg, Lower Parel, Mumbai – 400 013. ...Defendants.
Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th JUNE, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 8th May 2015, defendant No.1 for
valuable consideration viz. a sum of Rs.40,000/ received from him,
drew a Bill of Exchange directing thereby defendant No.2 to pay to him
or Order at Bombay, a sum of Rs.40,000/ on demand. The said Bill of
Exchange was accepted by defendant No.2 and delivered to him on the
same day.
2. Plaintiff has further stated that on 8th June 2015 he presented
the suit Bill of Exchange to defendant No.2 and demanded the amount
due thereunder. Defendant No.2 dishonoured the same by non
payment. Plaintiff has further stated that he thereupon immediately,
informed defendant No.1 about the dishonour of the suit Bill of
Exchange and demanded form defendant No.1 the said amount of
Rs.40,000/. 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, he has become entitled to and
the defendants have, jointly and severally, become liable to pay the said
amount of Rs.40,000/ and interest thereon at the rate of 18% per
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annum from the date of dishonour till payment. Therefore, plaintiff
field the suit.
3. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against them.
4. Heard the Ld. Advocate for the plaintiff.
5. 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
sum of Rs.60,752/ from defendant
Nos. 1 and 2 jointly and severally
alongwith interest @ 18% p. a. on
the sum of Rs.40,000/ 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
6. 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 8th May 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:
7. Plaintiff has filed evidence of Parasmal Otarmal Jain (P.W.1), a
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partner of the plaintiff in the form of affidavit below Exh.6 and he has
stated in his evidence that plaintiff have filed the above suit against the
defendants above named for recovery of a sum of Rs.60,752/ and for
further interest @ 18% p.a. or at such further rate of interest on the
principal amount of Rs.40,000/ from filing of the suit till realisation
and costs of the Suit in respect of the Bill of Exchange dated 8th May
2015. The said Bill of Exchange was executed by defendant No.1 and
has been accepted by defendant No.2.
8. Plaintiff has adduced Extract of the Registration of the Plaintiff's
Firm with the Registrar of Firm, Bill of Exchange and Advocate's letter
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. Therefore, plaintiff
has proved that it is entitled to get sum of Rs.60,752/ from defendant
Nos. 1 and 2 jointly and severally.
9. 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.40,000/ 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
sum of Rs.60,752/ to plaintiff along with interest @ 9% p.a. on
the amount of Rs.40,000/ from the date of filing of the suit till its
realisation.
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3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 29.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.06.2019
Transcribed on : 29.06.2019
Signed on : 29.06.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.07.2019 At 01:33 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
29.06.2019
Judgment/Order signed by P.O. on 29.06.2019
Judgment/Order uploaded on 22.07.2019
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