Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.716/2018
Received on : 06.06.2018
Registered on : 16.07.2018
Decided on : 30.03.2019
Duration : Y M D
00 09 25
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 716 OF 2018
CNR NO.: MHCC010067422018
Akshar Ramesh 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. 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,
Nerul (E) Sector No.3, Navi
Mumbai – 400 706
2. Sachin D. Tandel
(Full name & age not known)
an adult Indian inhabitant, residing at
Fishermen Colony, S.L. Raheja Marg,
Mahim, Mumbai – 400 016. ...Defendants.
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Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 30th MARCH, 2019.
[ J U D G M E N T ]
Allegations 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 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.60,000/. 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 submitted 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.60,000.
Defendant No.1 also failed and neglected to pay the said amount of
Rs.60,000/ and any part thereof. Plaintiff has further stated that after
repeated requests and demands, on 28th May 2016 the defendants have
made a part payment of Rs.2,000/ towards the said bill of Exchange.
The said part payment has been duly appropriated towards the principal
amount, thus leaving behind the balance principal amount of
Rs.58,000/ and accrued interest due and payable to him. Plaintiff has
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further stated that 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.58,000/ and accrued interest. Plaintiff has further stated
that defendants have duly received the said letter. But 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 the present suit.
2. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against both of the defendants.
3. Heard the Ld. Advocate for the plaintiff.
4. 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.79,701/ from
defendants along with future interest
@ 18% p. a. on the sum of
Rs.58,000/ 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
5. Plaintiff has adduced evidence of Rameshkumar Babulal Shah
(P.W.1), the Constituted Attorney of the plaintiff below Exh.6 in the
form affidavit. Plaintiff relied upon the following documents as
documentary evidence which are as under :
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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:
6. Plaintiff has adduced evidence of Rameshkumar Babulal Shah
(P.W.1), the Constituted Attorney of the plaintiff below Exh.6 in the
form affidavit and stated that he has filed the above suit against the
defendants abovenamed for recovery of Rs.79,701/ and for further
interest @ 18% p.a. or at such further rate of interest on the principal
amount of Rs.58,000/ from filing of the suit till realisation and costs of
the Suit in respect of the Bill of Exchange dated 7th April 2016. P.W.1,
Rameshkumar Babulal Shah has further stated that the said Bill of
Exchange was executed by defendant No.1 and has been accepted by
defendant No.2. P.W.1, Rameshkumar Babulal Shah has further stated
that he presented the said Bill of Exchange on 7th May 2016 to the
defendants and the defendants dishonoured the same. P.W.1,
Rameshkumar Babulal Shah has further stated that he therefore
forwarded his Advocate's letter dated 24th March 2018 to the defendants
failed to pay the said amount and controvert the contents thereof.
P.W.1, Rameshkumar Babulal Shah has further stated that the
defendant Nos. 1 and 2 were duly served with the Writ of Summons
alongwith the true copy of the Plaint on 23rd August, 2018.
7. Plaintiff has produced all the corroborating documents which are
Original Bill of Exchange and Plaintiff's Advocate letter alongwith
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Courier records 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. Due to all these circumstances, plaintiff has proved that he is
entitled to get sum of Rs.79,701/ from both defendants jointly.
8. 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.58,000/ 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 directed to pay amount of
Rs.79,701/ to plaintiff along with interest @ 9% p.a. on the
principal sum of Rs.58,000/ 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: 30.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.03.2019
Transcribed on : 30.03.2019
Signed on : 30.03.2019
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:6: Summary Suit No.716/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.04.2019 At 10:36 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
30.03.2019
Judgment/Order signed by P.O. on 30.03.2019
Judgment/Order uploaded on 20.04.2019
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