Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180010372020
Summons Cases SS/5800411/2020
M/S ARIHANT PAINTS Vs. M/S PAINT AART AND ORS
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.13
1. This is an application for an interim compensation
u/sec.143-A of the Negotiable Instrument Act.
2. It is contended on behalf of the complainant that
complainant has supplied goods to the accused. The accused has
issued subject cheque in discharge of said liability. The trial will take its
own time till final conclusion. Hence this application.
3. The application is strongly objected on behalf of the
accused vide reply Exh.14. It is contended on behalf of the accused that
copy of the complaint is not served upon the accused. There is no legal
liability on the part of accused etc. and prayed for rejecting the
application.
4. Heard advocate Mr. Himanshu Patel for the complainant
and advocate Mr. R.K. Gupta for the accused.
5. The complainant has produced several tax invoices
alongwith evidence affidavit to establish the transaction of supply of
goods in between the complainant and accused. All the Tax Invoices
shows that the goods are received by the accused. There is seal of
accused No.1 on the Tax Invoices and receiver’s signature. Therefore,
there is reason to believe that accused was supplied various goods as
averred by the complainant.
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2 Summons Cases SS/5800411/2020
Order below Exh.13
6. There is no specific defence raised by the accused vide
reply Exh.14, except no legal liability and not receiving copy of the
complaint. The reply is filed on 17.02.2023. Till date accused would
have received certified copy of the complaint if obtained. Hence, no
legal substance appears in the contention of the accused. Considering
prima facie evidence on record, there is reason to believe the alleged
transaction and issuance of cheque in discharge of legal liability by the
accused. The complainant seems a good case for trial. Per contra the
defence of accused raised vide reply is not considerable at this juncture
nor appears probable. In my view, this is a fit case to invoke the powers
confirmed upon this court under section 143(a) to grant interim
compensation considering year of the case and the ultimate time for
final conclusion. Hence, I pass following order.
O R D E R
1) The application is allowed.
2) The accused is directed to make payment of 20%
of cheque amount within 60 days to the
complainant as an interim compensation from
today.
3) Order be uploaded on CIS.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 18.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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3 Summons Cases SS/5800411/2020
Order below Exh.13
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 18.11.2024
Transcribed and Typed on : 18.11.2024
Order printed and Signed on : 18.11.2024
Order Uploaded on : 18.11.2024
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