Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.698/2018
Received on : 29.06.2018
Registered on : 06.07.2018
Decided on : 01.04.2019
Duration : Y M D
00 09 03
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 698 OF 2018
CNR NO.: MHCC010078202018
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 – 400 004. ...Plaintiff
V/S.
1. Pramod M. Gangurde
(Full name & age not known)
an adult Indian inhabitant,
working for gain with BEST, Yantrana
Department, 1st Floor, Parivahan Building,
Colaba Road, Mumbai – 400 005 and
residing at C/5/503, Greenland Building,
Yogidham, Murbad Road, Kalyan (W),
Thane.
2. Praful Pradeep Gangurde
(Age not known)
an adult Indian inhabitant, working for
gain with IBDI Bank, Kasarvadavali Branch,
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Puranik Capitol Shop No.8, Opp.
Hypercity Mall, Kasarvadavli
Ghodbunder Road, Thane West – 400 615
and residing at Raheja Complex, 304,
Jasmin Building, 3rd Floor, Kalyan (W),
Thane ...Defendants.
Appearances:
Advocate Mr. Dileep Satale for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 1st APRIL, 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.30,000/ received from him on 27 th July 2017 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.30,000/. 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
26th August 2017 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 thereupon he 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.30,000/.
Plaintiff has further stated that defendant No.1 also failed and neglected
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to pay the said amount of Rs.30,000/ and any part thereof. Plaintiff has
further stated that by his Advocate's letter dated 18th May 2018
recorded the above facts and called upon the defendants to pay the said
amount of Rs.30,000/ and accrued interest. 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 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.34,483/ from
defendants along with interest @
18% p. a. on the sum of Rs.30,000/
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 filed evidence of himself below Exh.6 in the form of
affidavit. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Bill of Exchange dated 27th July 2017.
2. Exh.10 The plaintiff's Advocates' letter dated 18th May
2018
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AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of himself below Exh.6 in the form of
affidavit and stated that the he has filed the above suit against the
defendants abovenamed for recovery of a sum of Rs.34,483/ and for
further interest @ 18% p.a. or at such further rate of interest on the
principal amount of Rs.30,000/ from filing of the suit till realisation
and costs of the Suit in respect of the Bill of Exchange dated 27th July
2017. The said Bill of Exchange was executed by defendant No.1 and
has been accepted by defendant No.2. Plaintiff has further stated that
he presented the said Bill of Exchange on 26th August 2017 to the
defendants and the defendants dishonoured the same. Plaintiff has
further stated that he therefore forwarded his Advocate's letter dated
18th May 2018 to the defendants and called upon them to pay the said
amount. But defendants failed to pay the said amount and controvert
the contents thereof.
7. Plaintiff has produced all the corroborating documents which are
original Bill of Exchange and the plaintiff's Advocates' letter 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.34,483/ 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.30,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
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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. 34,483/ to plaintiff along with interest @ 9% p.a.
on the principal sum of Rs.30,000/ 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: 01.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 01.04.2019
Transcribed on : 01.04.2019
Signed on : 01.04.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24.04.2019 At 5:44 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
01.04.2019
Judgment/Order signed by P.O. on 01.04.2019
Judgment/Order uploaded on 24.04.2019
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