Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.682/2018 1
Received on : 15062018
Registered on : 02072018
Decided on : 03092019
Duration :01Y 02M 19D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 682 of 2018
CNR NO.: MHCC010071832018
Shankar Lachamandas Lakhani,Age 31yrs.,
of Mumbai an adult Indian Inhabitant
having his address at A603, Valensiya Building,
Bhakati Park, Wadala(E),Mumbai400037. ...Plaintiff
Versus
1. Abid Ramzan Khan
Age not known of Mumbai an adult Indian
inhabitant having his address at Room No.5,
Ground Floor, Mujawar Chawl, Shaikh Mistry
Dargha Road, Antophill, Wadala
East, Mumbai400 037.
2. Sattar Patel
Age not known of Mumbai an adult Indian
Inhabitant having his address at Room No.210,New
Bharat Nagar, Mahul Gaon, Vashinaka, Chembur,
Mumbai400 074. ….Defendants
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.682/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 3RD SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.2,05,405/(Rupees Two Lacs
Five Thousand Four Hundred and Five only).
2. Plaintiff case in nut shell is that on 07/03/2016 defendant No. 1
for valuable consideration of Rs.1,50,000/ received from the plaintiff,
drew a bill of exchange directing defendant No.2 to pay plaintiff
Rs.1,50,000/ on demand. On 07/04/2016 plaintiff presented the bill
of exchange to defendant No.2 but it was dishonoured. Defendant No.1
also refused to pay the said amount. Both defendants are in default of
Rs.2,05,405/(Rupees Two Lacs Five Thousand Four Hundred and Five
only). Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
defendants have executed bill of
exchange for valuable
consideration of Rs.1,50,000/?
Yes
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SUMMARY SUIT NO.682/2018 3
2. Whether plaintiff proves that
amount of Rs.2,05,405/(Rupees
Two Lacs Five Thousand Four
Hundred and Five only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.2,05,405/(Rupees
Two Lacs Five Thousand Four
Hundred and Five only) along with
interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exh.6 and filed original
bill of exchange and demand notice.
6. Heard Ld.Counself for plaintiff.
7. Affidavit is supported by documentary evidence. The original bill
of exchange and advocate demand notice shows that on 07/03/2016
Defendant No. 1 for valuable consideration of Rs.1,50,000/ received
from the plaintiff, drew a bill of exchange directing defendant No.2 to
pay plaintiff Rs.1,50,000/ on demand. On 07/04/2016 plaintiff
presented the bill of exchange to defendant No.2 but it was
dishonoured. Defendant No.1 also refused to pay the said amount. Both
defendants are in default of Rs.2,05,405/(Rupees Two Lacs Five
Thousand Four Hundred and Five only). As far as rate of interest is
concerned plaintiff has claimed interest @ 18% p.a.As per section 80 of
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SUMMARY SUIT NO.682/2018 4
N.I.Act 1882 such rate of interest can be granted. Therefore point No.1
to 3 are answered as 'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to plaintiff amount of
Rs.2,05,405/(Rupees Two Lacs Five Thousand Four Hundred and Five
only) with interest @ 18% p.a. from the date of filing of the suit till full
and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 03/09/2019 City Civil Court,Gr. Bombay
Dictated on : 03/09/2019
Transcribed on : 03/09/2019
Signed on : 09/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/09/2019 at 11.00a.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
03/09/2019
Judgment/Order signed by P.O. on 09/09/2019
Judgment/Order uploaded on 11/09/2019
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