Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.725/2018
Received on : 06.06.2018
Registered on : 17.07.2018
Decided on : 02.05.2019
Duration : Y M D
00 10 27
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 725 OF 2018
CNR NO.: MHCC010067412018
Akshar R. Jain
aged about 33 Years,
of Bombay, an adult Indian inhabitant
having his address at 12, Kakad Wadi,
Ground Floor, Mogre Building, V.P. Road,
Bombay – 400 004 through his Constituted
Attorney Mr. Rameshkumar Babulal Shah. ….Plaintiff
Versus
1. Sachin D. Tandel
(Full name & age not known)
an adult Indian inhabitant, residing at
Fisherman Colony, S.L. Raheja Marg,
Mahim, Mumbai – 400 016.
2. Hemant Deoram Patil
(Age not known)
an adult Indian Inhabitant, working for
gain with Bharat Petroleum Corporation
Ltd., Central Laboratory, Mahul,
Mumbai – 400 074 and residing at
NL526, R.No.11, Kalpataru Residency,
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:2: Summary Suit No.725/2018
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 : 2nd 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.25,000/ received from him on 7 th April 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.25,000/. Plaintiff has further
stated that defendant No.2 accepted the Bill of Exchange and delivered
the same to him on the same day. Plaintiff has further stated that on 7th
May, 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. Plaintiff has
further stated that he 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.25,000.
Defendant No.1 also failed and neglected to pay the said amount of
Rs.25,000/ and any part thereof.
2. 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
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and severally, become liable to pay the said amount of Rs.25,000/ and
interest at the rate of 18% per annum on the same from the date of
dishonour. 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.25,000/ and accrued interest.
Plaintiff has further stated that defendants have duly received the said
letter. 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. Plaintiff has further stated
that in the premises aforesaid, there is due and payable by the
defendants, jointly and severally, a sum of Rs.34,345/ to him, in
accordance with the particulars of claim. Therefore, plaintiff filed this
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
amount of Rs.34,345/ from
defendants alongwith interest @ 18%
p. a. on the sum of Rs.25,000/ from
the date of filing of the suit till its
realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
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:4: Summary Suit No.725/2018
REASONS
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Bill of Exchange dated 7th April, 2016.
2. Exh.9 The Plaintiff's Advocates' letter dated 24th March,
2018 alongwith the Courier records in respect
thereof.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of Rameshkumar Babulal Shah (P.W.1),
the Constituted Attorney of the plaintiff below Exh.6 in the form
affidavit and stated in his evidence that he has filed the above suit
against the defendants abovenamed for recovery of Rs.34,345/ and for
further interest @ 18% p.a. or at such further rate of interest on the
principal amount of Rs.25,000/ from filing of the suit till realisation
and costs of the Suit in respect of the Bill of Exchange dated 7th April,
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. He has
further stated that he presented the said Bill of Exchange on 7th May
2016 to the defendants and the defendants dishonoured the same. He
has further stated that he therefore forwarded his Advocates' 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
controverted the contents thereof.
8. Plaintiff has produced all the corroborating documents which are
Original Bill of Exchange and Plaintiff's Advocate letter alongwith
Courier records on record as documentary evidence. The oral evidence
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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 he is entitled to get sum of
Rs.34,345/ from both defendants 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.25,000/ 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
amount of Rs.34,345/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.25,000/ 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: 02.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 02.05.2019
Transcribed on : 02.05.2019
Signed on : 02.05.2019
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:6: Summary Suit No.725/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.05.2019 At 3:14 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
02.05.2019
Judgment/Order signed by P.O. on 02.05.2019
Judgment/Order uploaded on 20.05.2019
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