Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 728/2018 1
Registered on : 17.07.2018
Decided on : 01.03.2019
Duration : 00 07 24
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.728 OF 2018
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 – 400004. .....Plaintiff
V/s.
1. Vijay Sarjerao Kale
(Age not Known)
an adult Indian inhabitant
working for gain with Mazgaon Dock Ltd.,
H & W Department, T.No.50170,
Dockyard Road, Mumbai – 400010 and
residing at Room No.9, Manukali Chawl,
Near Holy Maidan, Dharavi,
Mumbai – 400017.
2. Rahul Suhas Waghmare
(Age not known)
an adult Indian inhabitant,
working for gain with Mazgaon Dock Ltd.
H. & W Department, T.No.50170,
Dockyard Road, Mumbai – 400010 and
residing at Room No.204, C3 Moraj
Residency, Vashi Palm Beach, Vashi 400703. ....Defendants
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Sum.Suit No. 728/2018 2
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :01/03/2019.
Advocate Mr.Dilip Satale for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.35,000/ alongwith further interest at the rate of 18% p.a. on the
principal sum of Rs.30,000/ from the date of filing of the suit till its
realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that the defendant no.1 received an
amount of Rs.30,000/ from him and drew a Bill of Exchange directing
defendant no.2 to pay on demand to the plaintiff a sum of Rs.30,000/
and the defendant no.2 accepted the bill of exchange and delivered to
the same on the plaintiff on the same date. On 10/6/2017 the plaintiff
presented the said Bill of Exchange to the defendant no.2 the amount
due thereunder but the defendant no.2 dishonoured the same by
nonpayment. Thereafter, the defendant no.1 also failed and neglected
to pay the said amount of Rs.30,000/ to the plaintiff. Thereafter, the
plaintiff issued a notice dated 24/3/2018 to the defendants and called
upon him to pay the principal amount of Rs.30,000/ alongwith interest
but they failed and neglected to pay the amount. Consequently, the
plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5. Defendants inspite of service of writ of summons did not
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Sum.Suit No. 728/2018 3
appear in the suit. Therefore, I passed the order of suit to proceed
exparte against the defendants.
4. Plaintiff has filed his affidavit of evidence in support of suit
claim at Exhibit 6, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 7. He
has filed the documents like Bill of Exchange dated 12/5/2017 for
Rs.30,000/ , Copy of Notice dated 24/3/2018 etc.
5. As the defendants have failed to put their appearance and
contest the suit therefore, in these circumstances in view of the
provisions of subrule2 of Rule3 of Order XXXVII of C.P.Code, the
averments made by the plaintiff in the plaint are deemed to be
admitted. There is nothing on record to disbelieve the oral and
documentary evidence placed on record by the plaintiff. Hence, in view
of the matter, the plaintiff is entitled for the decree as prayed alongwith
interest @ 9% p.a. from the date of filing of the suit till its realization.
In the result, following order.
: ORDER :
1. The Summary Suit No.728/18 is decreed with costs.
2. Defendants jointly and severally do pay to the plaintiff an
amount of Rs.35,000/(Rupees Thirty Five Thousand) with interest on
the principal amount of Rs.30,000/, at the rate of 9% p.a. from the
date of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
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Sum.Suit No. 728/2018 4
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 01/03/2019 City Civil Court, Gr. Bombay
Date of Dictation : 01/03/19.
Date of Transcription : 01/03/19.
Date of signature : 08/03/19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
8/3/19 2.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
1/3/19
Judgment/order signed by P.O on 8/3/19
Judgment/order uploaded on 8/3/19
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