Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
SUMMARY SUIT
NO. 59 OF 2018
Received on : 6/01/2018
Registered on : 12/01/2018
Decided on : 19/03/2018
Duration : 00 02 09
Y M D
EXHIBIT9
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 59 OF 2018
Mr. Balu Gangaram Aarote, ated 30 years, )
Indian Inhabitant residing and carrying business )
at Margu Sheth Chawl, Bouddha Colony, )
Pipe line Road, Kurla(West), Mumbai400 070. )...Plaintiff.
V/s.
Smt. Jyotsna Vinay Bidaye, an adult, working for gain )
At Western Railway, Controller of Store, 4th Floor, )
Churchgate Station Bldg, Mumbai400 020 and )
residing at G75, Railway Colony, Opp.Dinanath )
Natya Gruha, V.S.Khandekar Road, Vile Parle(East), )
Mumbai400 057. )...Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. S.J.BIYANI.
(C. R. No.: 28)
DATED : 19/03/2018,
Advocate Mr. Balbhim S. Patil for the plaintiff
Exparte against defendant.
JUDGMENT
The suit is based on Demand Promissory note of
-- 1 of 4 --
2
Rs.2,00,000/( Rs. Two lakhs) executed by defendant in favour of
plaintiff in consideration of the amount loan an advanced by the
plaintiff to the defendant.
2. In due course, writ of summon was served to the defendant
but defendant failed to appear and file his appearance before the Court.
Therefore, Suit was proceeded exparte against defendant.
3. Plaintiff has filed his claim affidavit at Exh.7 and reiterated
the contents of plaint. He has filed on record list of documents at Exh.8.
Plaintiff has relied on Exh.6Non Appearance Certificate of defendant
and also filed document containing original demand promissory note
of Rs.2,00,000/Exh.8/1, Form No. 8 Exh.8/2, Demand Notice dated
4/12/2017 along with original Postal receipts & return packet Exh.8/3,
Money Lending LicenceExh.8/4, Cash Book entry pertaining to loan
period Exh. 8/5 Ledger Book entry pertaining to loan periodEx.8/6
4. There is nothing on record that militates against the
plaintiff's claim. This is a fit case to accept the averments and
submissions of plaintiff as correct as per Sub rule2 of Rule 3 of Order
XXXVII. In the circumstances, I am of the considered view that suit is to
be decreed as prayed. Hence, following order:
ORDER
1. The Suit is decreed with cost.
2. Defendant is directed to pay an amount of Rs. 2,19,500/ (Rupees
Two lac Nineteen Thousand Five Hundred rupees only) with interest on
principle amount of Rs.2,00,000/ at 18% p.a. from the date of filing of
the suit till its realization.
-- 2 of 4 --
3
3. Plaintiff is entitled for refund of the Court fees as per rules.
4. Decree be drawn up accordingly.
(S.J.Biyani)
Judge,
Date : 19/03/2018 City Civil Court, Gr. Bombay
Dictated on :19/03/2018
Transcribed on : 19/03/2018
Signed on : 19/03/2018
-- 3 of 4 --
4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20/03/2018 1.15p.m. Mrs.Vidya V. Malgaonkar
Name of the Judge HHJ Shri S.J.Biyani(CR No.28)
Date of Pronouncement of
Judgement/Order.
19/03/2018
Judgement/order signed by P.O on 19/03/2018
Judgement/order uploaded on 20/03/2018
-- 4 of 4 --