JAYANTILAL M JAIN Vs. J M SONS

JUDGEMENT

(1.) HEARD Counsel for the parties. By consent, both the suits are disposed of by this common judgment. The suits are based on the Bill of Exchange, Exh. "a", dated 8th August, 1989, which was payable 30 days after the date without days of grace. Defendants Nos. 1 and 2 are the drawers and the bill has been accepted by the defendants Nos. 3 and 4. It may be mentioned that defendant No. 1 is a firm, of which defendant No. 2 is a partner and similarly defendant No. 3 is a firm, of which defendant No. 4 is a partner. Incidentally, both defendant No. 2 firm and defendant No. 3 firm are carrying on business from the same premises viz. 11-12, Ashok Chambers, 1st Floor, Broach Street, Bombay.

(2.) PURSUANT to the dishonour of the Bill of Exchange, a Notice dated 8th November, 1989 was given by the plaintiff to both the defendant-firms. On 15th November, 1989, defendant Nos. 1 and 2 wrote to the plaintiff asking for inspection. Similarly, defendants Nos. 3 and 4 asked for inspection by a letter of even date. While doing so, the defendants have acknowledged the receipt of the Notice dated 8th November, 1989. There is, however, no whisper by any of the defendants of any defence whatsoever in the said letters of 15th November, 1989.

(3.) BY a letter dated 2nd January, 1990, the plaintiff informed the defendants Nos. 3 and 4 that inspection could be had on 9th January 1990. Defendants Nos. 1 and 2 were informed on the same date that inspection could be taken on 11th January 1990. There is no controversy that defendants Nos. 1 and 2 did take inspection. However, defendants Nos. 3 and 4 did not bother to take inspection.