Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Presented on : 04/05/2018
Decided on : 27/06/2019
Duration on : 01Ys.01Ms.23Ds.
CNR No.MHCC010129992017
IN THE COURT OF SESSION FOR GREATER BOMBAY
SUMMARY SUIT NO.568 OF 2018
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. Ram Kundalik Borhade
age not known
an adult Indian Inhabitant
working for gain with BEST Bus Depot,Bus
Conductor No.88353, Payment Slip No.35/18,
Dharavi Mumbai400 017 and
residing at Parel BEST Staff Quarters,
L/50 Saibaba Road, Parel,
Mumbai400 012.
2. Prakash Vishnu Bhise
age not known
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 No.18A,Room No.1,Chandivali
MHADA Colony, Andheri,Mumbai400 072 ....Defendants
APPEARANCE:
Ld. Adv. Shri.Vikas Saidane for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 07)
DATE : June 27th, 2019
EXPARTE JUDGMENT
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This is the suit for recovery of Rs.20,000/alongwith interest.
2. This is the suit for recovery of amount of Rs.20,000/ alongwith
interest at the rate of 18% p.a. It is the case of the plaintiff that,
plaintiffs are a partnership firm duly registered with the Registrar of
Firms. On 09/05/2015 the defendant no.1 for valuable consideration a
sum of Rs.20,000/ received from the plaintiffs, drew a Bill of Exchange
directing thereby defendant no.2 to pay to the plaintiffs a sum of
Rs.20,000/ on demand. The said Bill of Exchange was accepted by
defendant no.2 and delivered to the plaintiffs on the same day. On
8/6/2015 the plaintiffs presented the suit Bill of Exchange to defendant
no.2 and demanded from defendant no.2 the amounts due thereunder.
Defendant no.2 dishonoured the same by non payment. The plaintiff
immediately informed defendant no.1 about the dishonour of the suit
Bill of Exchange by defendant no.2 and demanded from defendant no.1
the said amount of Rs.20,000/. Defendant no.1 also failed and
neglected to pay the said amount. Accordingly, as per advocate's letter
dated 6/12/2017 recording the above facts and instructed the
defendants to comply with the requisitions mentioned in the said letter.
Thus, the defendants are liable to pay to the plaintiff Rs.30,376/
towards principal amount of Rs.20,000/ towards accrued interest as
per particulars of claim and also further interest at the rate of 18% p.a.
Therefore, the suit.
3. Writ of summons was issued to the defendant. The service
affidavit (Exh2 ) is also on record. Inspite of the same, defendant did
not appear in the matter and did not contest the suit. Therefore, the suit
is proceeded exparte against defendant. Affidavit of claim of the
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plaintiff (Exh3) , List of the documents (Exh4), Extract of the
Registration of the plaintiffs' Firm with the Registrar of Firm (Exh5 ),
Bill of Exchange dated 9/5/2015 (Exh6 ),The plaintiff's Advocates'
letter dated 6/12/2017 alongwith the Courier records in respect thereof
(Exh7 ).
4. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is proceeded
exparte against defendant. No rebuttal evidence is brought on record
by the defendant to disbelieve the version of the plaintiff to hold that
the amount which is claimed is due and payable to the plaintiff by the
defendant with interest.
5. Hence, I pass following order.
ORDER
1. Suit is decreed with costs.
2. Defendant do pay jointly and severally principal amount of
Rs.20,000/ with interest @ 18% p.a.to the plaintiff till
realization of entire amount within three months.
3. If rule permits necessary court fee be refunded.
4. Decree be drawn up accordingly.
Date:27/06/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 27/06/2019
Typed on :28/06/2019
H.H.J.Signed on :28/06/2019
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CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.06.2019 at 4.45p.m.
UPLOAD DATE AND TIME
(Mrs.P.P.Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI M.A.BHOSALE
(COURT ROOM NO.07)
Date of pronouncement of judgment/order 27.06.2019
Judgment/order signed by P.O. on 28.06.2019
Judgment/order uploaded on 28.06.2019
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