Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No.2139 of 2019. 1
MHCC010064872019
Presented on : 25-06-2019
Registered on : 24-07-2019
Decided on : 27-10-2023
Duration : 4 Yr, 4 M, 2 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2139 OF 2019.
Exh.
BHATIA HOSPITAL ]
Dinesh R. Mishra. ]
Age 36 years old, through, ]
It’s representative ]
Asst. Manager (Accountants) ]
A private hospital, having their, ]
Hospital at Tukaram Javji Road, ]
Tardeo, Mumbai – 400 007. ]....Plaintiff.
Vs.
1.Kolsawala Mohd. Ahmed Mohd. Husain, ]
Age: 59 years old, ]
7 Star Chamber, Ground Floor, ]
Agripada, Mothibai Street, ]
Mumbai 400 011. ]
2. Mrs. Yasmin Mohd. Ansari. ]
Age.: 52 Years, ]
Wife of Defendant No.1 ]
Age: 59 Years Old, ]
7 Star Chamber, Ground Floor, ]
Agripada, Motlibai Street, ]
Mumbai 400 011. ]….Defendants.
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Judgment in Suit No.2139 of 2019. 2
Appearance:
Adv. Priyanka Rangnekar for the plaintiff
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date : 27th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.2,29,991/- with
interest at the rate of 18% p.a.
Brief facts of the case are as under :
2. The plaintiff contends that it is private hospital. The
defendant was admitted in its hospital on 14th November 2018 as
indoor patient. After treatment the plaintiff raised the bill total of Rs.
3,67,301/- out of it, defendant paid Rs.1,37,310/-. Thus, the defendant
was bound to pay Rs.2,29,991/- i.e. suit amount.
3. The plaintiff specifically contends that the defendant issued
two cheques fo Rs.2,00,000/- and Rs.50,000/- on 23.01.2018 and
15.01.19 in favour of the plaintiff, which are dishonoured. Hence this
Suit.
4. Though, defendants served the writ of Summons, but failed
to appear. Hence, suit proceeded exparte against them vide order dated
14.07.2021. Thereafter, in support of its case the plaintiff examined
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Judgment in Suit No.2139 of 2019. 3
Dinesh R. Mishra (PW 1) at Exh. 3 and also filed documentary evidence
at Exh. 4 as follows. The plaintiff closed its evidence vide its pursis Exh.
11.
Sr. No. Documents Exh. No.
1. The Authority Letter Exh. 5
2. The Original Admission Slip of the Patient
dated 20.05.2019 along with copy of PAN
Card of the Patient.
Exh. 6
3. The original Statement of charge Code
Summary dated 20.05.2019
Exh. 7
4. The Original Cheques dt. 23.11.2018 and
15.01.2019 along with bank return memo
and form dt. 20.11.2018 signed by relative
of the patient.
Exh. 8
5. Advocate’s notice dated 28.02.2019 along
with postal receipts and acknowledgments.
Exh.
9(Colly)
6. Certificate U/Sec. 65 B of the Indian
Evidence Act 1872
Exh. 10
5. It is submission for the Ld. advocate for the plaintiff that
defendant failed to resist the suit and the plaintiff has sufficiently
brought on record that the defendants were due to pay suit amount.
Hence, prayed to decree the suit.
6. Considering the facts, evidence and law applicable to the case,
following points arise for determination.:
Sr. No. POINTS FINDINGS
1.
Whether the plaintiff is entitled
to recover an amount of
Rs.2,29,991/- at the rate of
interest 18% p.a.
....No...
Whether the suit is within the
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Judgment in Suit No.2139 of 2019. 4
2. limitation. ...Yes....
3. What order and decree? Suit is dismissed.
:REASON:
As to point No. 1 to 2.:
7. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged
Therefore, there is no reason to discard the case at first glance. The
affidavit of evidence at Exh.3 and documents at Exh. 4 filed on record
show that the defendant was admitted in the hospital of the plaintiff
and the defendants have failed to pay bill of plaintiff’s hospital.
8. During the course of argument, Ld. advocate for the
plaintiff was asked to explain why the suit shall not be dismissed on the
ground of vague pleading. Inspite of sufficient opportunity is given, the
plaintiff is failed to explain. Hence, the suit is taken for final decision.
9. It is case fo the plaintiff that after defendant paid an
amount of Rs.1,37,301/- defendant was bound to pay the suit amount.
The plaintiff specifically contends that the defendant had issued two
cheques worth of Rs.2,00,000/- and 50.000/- against the amount due
when defendant was liable to pay an amount of Rs.2,29,991/- question
of issuance of two cheques of an amount of Rs.2,50,000/- does not
arise. This ambiguity is not removed by the plaintiff. It creates doubt on
case of the plaintiff.
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Judgment in Suit No.2139 of 2019. 5
10. Considering the vague pleadings as to the claim amount,,
the oral and documentary evidence adduced by the plaintiff is not
sufficient to say that the defendant was bound to pay the suit amount.
Considering the date of the admission of defendants in plaintiff’s
hospital the date on which the plaint is presented the suit is within the
limitation. However, the plaintiff failed to prove its case. Hence, the
suit is liable to be dismissed. Accordingly, point Nos.1 & 2 are answered.
11. The plaintiff failed to prove its case. Defendants also failed
to appear before the Court. Hence, it would be just and proper to both
parties bear their own cost. Accordingly, in answer to point Nos. 3,
following order is passed :
ORDER
1. Suit No. 2139 of 2019 is dismissed with cost.
2. Suit No. 2139 of 2019 is disposed off accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:27.07.2023 Greater Bombay (CR 59)
Declared on : 27.10.2023
Dictated on : 27.10.2023
Transcribed on : 07.11.2023
Checked on :07.11..2023
Signed on :
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Judgment in Suit No.2139 of 2019. 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.11.2022 at 5.00 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 27.10.2023
Order signed by P.O. on 09.11.2023
order uploaded on 22.11.2023
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Judgment in Suit No.2139 of 2019. 7
Sr.No. Particulars
1. Original printout of the Invoice No. 546 dated
13.03.2019, No. 558 dated 18.03.2019, No. 132
dated 10.06.2019
2. Original Printout of the ledger account of M/s.
Anubhav Engineering Company from 01.04.2018 to
01.04.2021, maintain in the account of the plaintiff.
3. Original Printout of the debit notes dated
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Judgment in Suit No.2139 of 2019. 8
20.04.2019, 06.06.2019 and 14.08.2019 along with
original printout of debit note statement for the
financial year 2019-2020.
4. Original certificate dated 13.02.2023, as per 65-B
Evidence Act.
5. Original demand Notice dated 20.09.2021 issued by
Paras N. Vira, advocate.
6. Two Original postal receipts each dated 21.09.2021.
7. Two Original postal A.D.. Cards.
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