Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.269/2019
Received on : 04.01.2019
Registered on : 08.02.2019
Decided on : 04.05.2019
Duration : Y M D
00 04 04
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 269 OF 2019
CNR NO.: MHCC010001602019
Sunita Anand Shinde
Age 45 years, carrying
on business at 307, V.O.C. Tower, CWing,
Opp. Kamraj School, 90 Feet Road, Dharavi,
Mumbai – 400 017. ...Plaintiff
V/s.
Kantilal Amtha Rathod
adult, working for gain
with B.M.C. Dharmshala Office, under H/W Ward,
Dept. Consy; E.C. No.3887969, P.C. No.5027,
Station Road, Bandra (W), Mumbai – 400 050 and
residing at New Municipal Chawl No.3/11, 2nd
Hasnabad Road, Khar (W), Mumbai – 400 052. ...Defendant.
Appearances:
Advocate Mr. Rajesh M. Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that she lent and advanced to the defendant
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the sum of Rs.1,00,000/ on 22 nd April, 2018 in cash with interest at the
rate of 18% p.a. for which the defendant had executed Demand
Promissory Note in her favour.
2. Plaintiff has further stated that she on several occasion orally
demanded from defendant the repayment of the said amount of
Rs.1,00,000/ but the defendant failed and neglected to pay the same.
Hence, plaintiff by her Advocate's notice dated 20th October 2018,
finally called upon the defendant to pay the said sum of Rs.1,00,000/
with up to date interest but defendant failed and neglected either to pay
the said sum or to reply the said demand.
3. Plaintiff has further stated that there is now due and payable by
the defendant to her a sum of Rs.1,11,786/ as per particulars of Claim.
Therefore, plaintiff filed this suit.
4. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
5. Heard the Ld. Advocate for the plaintiff.
6. 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
sum of Rs.1,11,786/ from defendant
along with interest @ 18% p. a. on
the principal sum of Rs.1,00,000/
from the date of filing of the suit till
its realisation ?
...Partly in the
affirmative.
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2. What order and Decree ? ...As per final order
REASONS
7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Demand Promissory Note of Rs.1,00,000/
dated : 22nd April, 2018.
2. Exh.10 Notice of demand dated – 20th October 2018
3. Exh.11 Xerox copy of Form No.10
4. Exh.12 Xerox copy of Cash entry
5. Exh.13 Xerox copy of Leger entry.
AS TO POINT NOS. 1 AND 2:
8. Plaintiff has filed evidence of herself below Exh.7 in the form of
affidavit and stated in her evidence that defendant approached her on
22nd April 2018, for a loan of Rs.1,00,000/ on interest at the rate of
18% per annum which she had advanced in cash, amount of
Rs.1,00,000/ on same day on execution of on Demand Promissory Note
by defendant and also received on same day Form No.10 under the
Bombay Money Lending Act by signing on same as received. Plaintiff
has further stated that she had demanded loan amounts and interest
repeatedly as defendant failed to pay even interest amount apart from
loan amounts then she issued her Advocate's demand notice on 20th
October 2018, to that till today she had not received any reply or
amount. Plaintiff has further stated that after filing of the said suit and
after duly service of writ of summons by her upon the defendant till
today the defendant has failed to file the appearance as prescribed in
the Code of Civil Procedure, 1908 within 10 days neither in person nor
through his Advocate.
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9. Plaintiff has produced all the corroborating documents which are
Demand Promissory Note, Notice of demand, Xerox copy of Form
No.10, Xerox copy of Cash entry and Xerox copy of Leger Entry on
record as documentary evidence. The oral evidence of plaintiff is
corroborated by documentary evidence. Defendant has failed to
challenge all the allegations in the plaint and evidence of plaintiff.
Therefore, plaintiff has proved that she is entitled to get sum of
Rs.1,11,786/ from defendant.
10. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.1,00,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.1,11,786/ to plaintiff
along with interest @ 9% p.a. on the sum of Rs.1,00,000/
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: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14.06.2019 At 11:46 a.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
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 14.06.2019
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