Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.915/2019 1
Received on :22082019
Registered on : 16092019
Decided on : 22112019
Duration : 00Y 03M 02D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 915 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010087562019)
Ambalal Rikhabchandji Jain
of Mumbai an adult Indian
Inhabitant, carrying on business of Money
Lending as a Sole Proprietor in the name
and style of Ritik Creation at and from
Room No.20, Ground Floor, Gulam Mohmad
Building, Navroji Hill Road No.7, Dongri,
Mumbai400 009. ....Plaintiff
Versus
1. Vijay Sakharam Jadhav
Age not known of
Mumbai an adult Indian Inhabitant,
working for gain BMC,”B” Ward, 121,
Ramchandra Bhatt Marg, Mumbai400 009
Cross Lane, Mumbai400 009.
Emp No.1216639, residing at ''A'' Block''B'',
Building, 2nd floor, Room No.8, Babula Tank,
Cross Lane, Mumbai400 009.
2. Vaishali Vijay Jadhav
Age not known of
Mumbai an adult Indian Inhabitant
Residing at Mumbai Mahanagar Palika
Main Sewrage Labour Quarters,
''A'' Block, ''B'' Building,2nd floor, Room No.8,
Babula Tank,Cross Lane, Mumbai400 009. ….Defendants
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendant Exparte.
-- 1 of 5 --
SUMMARY SUIT NO.915/2019 2
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 22ND NOVEMBER 2019
J U D G M E N T
1. This is Summary Suit for recovery of Rs.98,226.84ps.(Rupees
Ninety Eight Thousand Two Hundred Twenty Six and Eighty Four Paise
only) with interest @ 18% p.a.
2. According to the plaintiff, he is carrying on business of money
lending as a sole proprietor in the name and style of Ritik Creation. On
01/04/2018, in consideration of Rs.80,000/ received from the plaintiff,
Defendant No.1 drawn a bill of exchange directing defendant No.2 to
pay to the plaintiff or order at Mumbai a sum of Rs.80,000/ on
demand. The said bill of exchange was accepted and delivered by
defendant No.2 to the plaintiff on same date. When the plaintiff
presented the said bill of exchange to defendant No.2 on 02/05/2018
and demanded the amount from defendant No.2, defendant No.2
dishonoured the same. When it was brought to the defendant No.1, he
also failed and neglected to pay the same amount. The bill of exchange
being negotiable instrument, the plaintiff is entitled to interest @ 18%
p.a.. The plaintiff vide notice dated 08/05/2019 called upon the
defendants to pay the outstanding amount with interest. However, the
defendants failed and avoided to pay the same. The amount due and
payable by the defendants is Rs.98,226.84 ps. Hence, the plaintiff
claimed for the decree of recovery of said amount with interest.
-- 2 of 5 --
SUMMARY SUIT NO.915/2019 3
3. Despite service of summons, the defendants failed to appear.
Therefore, the suit proceeded exparte against the defendants.
4. Considering the material on record and submissions on behalf of
the plaintiff points arise for determination along with my findings
thereon for reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of amount with interest as
prayed?
Affirmative
2. What decree & order? As per final order
REASONS
AS TO PONTS NO.1 & 2
5. The plaintiff filed his evidence affidavit at Exh.7 and also
produced documents with list at Exh.8. His testimony speaks that
defendant No.1 issued bill of exchange of Rs.80,000/. Defendant No.2
accepted the same bill of exchange on the same day that is 01/04/2018.
When the plaintiff presented the said bill of exchange for honour on
02/05/2018, defendant No.2 dishonoured the same. When it was
presented to defendant No.1, he also dishonoured the same. The
plaintiff issued demand notice dated 08/05/2019 to the defendants
However, the defendants failed to pay the amount. The amount claimed
by him is Rs.98,226.84 ps.with interest @18% p.a..
6. The documents that is bill of exchange is filed on record. It shows
that defendant No.1 issued the same in favour of the plaintiff for
amount of Rs.80,000/. Defendant No.2 accepted the same bill of
exchange . The copy of the notice dated 08/05/2019 is also produced
-- 3 of 5 --
SUMMARY SUIT NO.915/2019 4
on record which shows that the plaintiff had demanded the amount of
bill of exchange. It is clear that defendants though issued the bill of
exchange did not honour the same and did not pay the amount. Having
regard to all these circumstances and that the defendants did not
contest the matter, case of the plaintiff must be held to be proved.
Therefore, the plaintiff is entitled to recovery of the amount as prayed
with interest. Hence, point No.1 is answered in the affirmative and in
answer to point No.2 order as follows is passed.
ORDER
1. The suit is exparte decreed with costs as under:
2. Defendants No.1 and 2 shall jointly and severally pay to the
plaintiff amount of Rs.98,226.84 ps. with simple interest @ 18% p.a. on
the principal amount of Rs.80,000/ from the date of suit till realisation
of the amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 22/11/2019 City Civil Court,Gr. Mumbai
Dictated on : 22/11/2019
Transcribed on : 25/11/2019
Signed on : 26/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/11/2019 at 10.50a.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 22/11/2019
-- 4 of 5 --
SUMMARY SUIT NO.915/2019 5
Judgment/Order signed by P.O. on 26/11/2019
Judgment/Order uploaded on 28/11/2019
-- 5 of 5 --