Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1179/2018 1
Received on : 19062018
Registered on : 16102018
Decided on : 04102019
Duration : 0Y 11M 18D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1179 OF 2018
(CNR NO.: MHCC010073352018)
Mr.Kantilal Bastimal Jodhavat
of Mumbai an adult Indian Inhabitant,
aged 51 years, Occupation: Business,
having his address at Room No.1603,
Siddhesh Apartment, Khataralli Lane,
C.P.Tank, Mumbai400 002. ...Plaintiff
Versus
Mr. Amit Danji Wagh
Of Mumbai an adult Indian Inhabitant
Aged about 29 years, Occupation : Business,
Having his residence address at
N/3, B.M. C. Chawl. Arthur Road,
Sane Guruji Marg, Mumbai – 400 011. ...Defendant
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 04th OCTOBER 2019
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SUMMARY SUIT NO.1179/2018 2
J U D G M E N T
This is a suit for recovery of Rs.19,17,000/(Rupees Nineteen
Lacs and Seventeen Thousand only).
2. Plaintiff case in nut shell is that on 27/01/2016 defendant
executed two post dated cheques in favour of plaintiff for valuable
consideration of Rs.13,50,000/ the defendant also promised to pay
interest on the said amount. On 01/09/2017 plaintiff deposited the said
cheques for encashment but they were dishonoured. Inspite of demand
defendant has not paid the said amount. Defendant is in default of
Rs.19,17,000/ (Rupees Nineteen Lacs and Seventeen Thousand only).
Hence, this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
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
defendant executed two cheques for
valuable consideration?
Yes
2. Whether plaintiff proves that
amount of Rs.19,17,000/(Rupees
Nineteen Lacs and Seventeen
Thousand only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for Yes
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SUMMARY SUIT NO.1179/2018 3
recovery of Rs.19,17,000/(Rupees
Nineteen Lacs and Seventeen
Thousand only) with interest as
claimed?
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.7 and filed original
cheques and notice of demand.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The original cheques
and advocates demand notice shows that on 27/01/2016 defendant
executed two post dated cheques in favour of plaintiff for valuable
consideration of Rs.13,50,000/ the defendant also promised to pay
interest on the said amount. On 01/09/2017 plaintiff deposited the said
cheques for encashment but they were dishonoured. Inspite of demand
defendant has not paid the said amount. Defendant is in default of
Rs.19,17,000/ (Rupees Nineteen Lacs and Seventeen Thousand only).
As far as rate of interest is concerned plaintiff has prayed for rate of
18% p.a. As per section 80 of the N.I.Act 1882 such rate of interest can
be granted. Therefore, point No.1 to 3 is answered as 'Yes' and
following order is passed.
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SUMMARY SUIT NO.1179/2018 4
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs.19,17,000/
(Rupees Nineteen Lacs and Seventeen Thousand 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: 04/10/2019 City Civil Court,Gr. Bombay
Dictated on : 04/10/2019
Transcribed on : 04/10/2019
Signed on : 05/10/2019
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SUMMARY SUIT NO.1179/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/10/2019 at 5.30p.m. Mr.A. S. Sugdare
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
04/10/2019
Judgment/Order signed by P.O. on 05/10/2019
Judgment/Order uploaded on 07/10/2019
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