Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.726/2018
Received on : 05.06.2018
Registered on : 15.07.2018
Decided on : 04.05.2019
Duration : Y M D
00 11 00
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 726 OF 2018
CNR NO.: MHCC010067082018
RAMESHKUMAR BABULAL SHAH
aged about 57 years,
of Bombay, an adult Indian inhabitant
having his address at 12, Kakad Wadi,
Ground Floor, Mogre Building, V.P. Road,
Bombay – 400 004. ...Plaintiff
VERSUS
1. ANIL PRABHUNATH PANDEY
(Age not known)
an adult Indian inhabitant,
working for gain with Bharat Petroleum
Corporation Ltd., Central Laboratory,
Mahul, Mumbai – 400 074 and residing
at A404, Riddhi Siddhi Residency, Sector
No.3, New Panvel 410 206.
2. HEMANT DEORAM PATIL
(Age not known)
an adult Indian inhabitant, working for
gain with Bharat Petroleum Corporation
Ltd., Central Laboratory, Mahul
-- 1 of 6 --
:2: Summary Suit No.726/2018
Mumbai – 400 074 and residing at
NL526, R.No.11, Kalpataru Residency,
Nerul (E) Sector No.3,
Navi Mumbai – 400 706. ...Defendants.
Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that for valuable consideration viz. a sum of
Rs.60,000/ received from him on 16 th August 2016, defendant No.1
drew a Bill of Exchange directing thereby defendant No.2 to pay on
demand to him or Order at Bombay, a sum of Rs.60,000/. Defendant
No.2 accepted the said Bill of Exchange and delivered the same to him
on the same day.
2. Plaintiff has further stated that on 16th September 2016, he
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 nonpayment. The plaintiff thereupon
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.60,000/. Defendant No.1 also failed and
neglected to pay the said amount of Rs.60,000/ and any part thereof.
-- 2 of 6 --
:3: Summary Suit No.726/2018
3. Plaintiff has further stated that he by his Advocate's letter dated
24th March 2018 recorded the above facts and called upon the
defendants to pay the said amount of Rs.57,000/ and accrued interest.
Plaintiff has further stated that the defendants have failed and avoided
to comply with the requisitions thereof, and have also not controverted
the contents of the said letter. Therefore, plaintiff filed this suit.
4. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against them.
5. Heard the Ld. Advocate for the plaintiff.
6. 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.74,783/ from defendants
along with interest @ 18% p. a. on
the principal sum of Rs.57,000/
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
7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Bill of Exchange dated 16th August 2016
2. Exh.9 The Plaintiff's Advocates' letter dated 24th March 2018
alongwith the Courier records in respect thereof.
-- 3 of 6 --
:4: Summary Suit No.726/2018
AS TO POINT NOS. 1 AND 2:
8. Plaintiff has filed evidence of himself in the form of affidavit below
Exh.6 and he has stated in his evidence that that he has filed the above
suit against the defendants abovenamed for recovery of a sum of
Rs.74,783/ and for further interest @ 18% p.a. or at such further rate
of interest on the principal amount of Rs.57,000/ from filing of the suit
till realisation and costs of the Suit in respect of the Bill of Exchange
dated 16th August 2016. He has further stated that the said Bill of
Exchange was executed by defendant No.1 and has been accepted by
defendant No.2. Plaintiff has further stated that he presented the said
Bill of Exchange on 16th September 2016 to the defendants and the
defendants dishonoured the same.
9. Plaintiff has further stated that after repeated requests and
demands, on 9th February 2017 the defendants have made a part
payment of Rs.3,000/ towards the said bill of Exchange. Plaintiff has
further stated that the said part payment has been duly appropriated
towards the principal amount, thus leaving behind the balance principal
amount of Rs.57,000/ and accrued interest thereon.
10. Plaintiff has further stated that he therefore forwarded his
Advocate's letter dated 24th March 2018 to the defendants and called
upon them to pay the said amount. The defendants failed to pay the
said amount and controvert the contents thereof.
11. Plaintiff has produced all the corroborating documents which are
Bill of Exchange and Plaintiff's Advocates' letter alongwith the Courier
records on record as documentary evidence. The oral evidence of
plaintiff is corroborated by documentary evidence. Defendants have
-- 4 of 6 --
:5: Summary Suit No.726/2018
failed to challenge all the allegations in the plaint and evidence of
plaintiff. Therefore, plaintiff has proved that he is entitled to get sum of
Rs.74,783/ from both defendants jointly and severally.
12. 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.57,000/ 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.74,783/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.57,000/ from the date of filing of the
suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
-- 5 of 6 --
:6: Summary Suit No.726/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.06.2019 At 12:07 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
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 17.06.2019
-- 6 of 6 --