Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMASRY SUIT NO.1023/2019 1
Received on : 07102019
Registered on : 18102019
Decided on : 31012020
Duration : 00Y 03M 25D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1023 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010103782019)
Ambalal Rikhabchandji Jain
Age: 46 years, 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. Yosef Kundlik Kamble
Age: Adult, working for gain
Naval Dockyard, Lion Gate,
S.B.Marg, Mumbai400023,
PC DA (NAVY), WAGES SECTION,
TICKET NO.:58218 T,
CENTER NO:95
Residing at 148/1, N.H.Colony, Opp.,
Kane Nagar, Sector3, Antop Hill,
Akruti Corporate, L.B.S.Marg
Kanjur Marg(West), Mumbai400078.
2. Ramesh Rajaram Gunjal
Age: Adult, working for gain
Naval Dockyard, Lion Gate,
S.B.Marg, Mumbai400023,
PC DA (NAVY), WAGES SECTION,
TICKET NO.:59754 L,
CENTER NO:18
Residing at D/69, Nileshwari Place
Devi Chowk, Vishnunagar, Old
Dombivali Road,
Dombivali(West)421202. ...Defendants
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SUMMASRY SUIT NO.1023/2019 2
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 31st JANUARY 2020
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,44,618.08/
(Rupees One Lakh Forty Four Thousand Six Hundred Eighteen and
Eight paise Only) with interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.1,20,000/
received from the plaintiff, defendant No.1 drew a bill of exchange
dtd.21.06.2018 for Rs.1,20,000/ , ordering defendant No.2 to pay to
the plaintiff the same amount on demand. Defendant No.2 accepted the
said bill of exchange. However, on 21.07.2018 when it was presented
for payment, defendants No.1 and 2 dishonored the same by non
payment. The plaintiff vide demand notice dtd.10.07.2019 called upon
the defendants to pay the said amount. However, the defendants failed
to comply with it. At the institution of the suit the due and payable
amount including interest by the defendants was
Rs.1,44,618.08/.Therefore, the plaintiff claimed decree for recovery of
said amount with the interest.
3. Despite service of summons the defendants failed to appear.
Therefore, the suit proceeded exparte against the Defendants.
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SUMMASRY SUIT NO.1023/2019 3
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed?
Affirmative
2. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 & 2:
5. The plaintiff filed his Claim Affidavit at Exh.7 and also produced
documents with list Exh.8. The Affidavit and the document as Bill of
Exchange dtd.21.06.2018 reveal that defendant No.1 executed said bill
of exchange for Rs.1,20,000/ in favour of the plaintiff and defendant
No.2 accepted the same. Despite legal notice dtd.10.07.2019, the
defendants failed to pay the amount to the plaintiff. Thus, the Claim
Affidavit, documents on record and the circumstance that defendants
failed to appear and contest/challenge the suit, proved the case of the
plaintiff. Therefore, the plaintiff is entitled to recovery of the amount
with interest as prayed. Hence, point No.1 is answered in the
Affirmative. In view of Para499 of Civil Manual court fees has to be
refunded to the plaintiff, this being summary suit where the defendants
did not appear. In answer to point No.2 order as follows is passed:
ORDER
1. The suit is exparte decreed with costs as under.
2. The Defendants No.1 and 2 jointly and severally shall pay to the
plaintiff amount of Rs.1,44,618.08/ (Rupees One Lakh Forty Four
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SUMMASRY SUIT NO.1023/2019 4
Thousand Six Hundred Eighteen and Eight paise Only) with simple
interest at the rate of 18% p.a. on principal amount of Rs.1,20,000/
from the date of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 31/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 31/01/2020
Transcribed on : 01/02/2020
Signed on : 01/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05/02/2020 at 3.40p.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 31/01/2020
Judgment/Order signed by P.O. on 01/02/2020
Judgment/Order uploaded on 05/02/2020
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SUMMASRY SUIT NO.1023/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
p.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 31/01/2020
Judgment/Order signed by P.O. on 01/02/2020
Judgment/Order uploaded on
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03/12/2019 at 5.30p.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 04/01/2020
Judgment/Order signed by P.O. on
Judgment/Order uploaded on
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