Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.232/2019
Received on : 08.01.2019
Registered on : 05.02.2019
Decided on : 06.06.2019
Duration : Y M D
00 05 00
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 232 OF 2019
CNR NO.: MHCC010003232019
SHANKAR MALKU ANNAREDDY
Age 39 Yrs.
of Mumbai an adult Indian Inhabitant
having his address at Room No.11, Gauri
Shankar Nagar, Masrani Lane, Halav Pool Road,
Kurla West Mumbai – 400 070. ...Plaintiff
Versus
SUMIT DADA KAMBLE
Age not known of Mumbai, an adult
Indian inhabitant, working for gain with B.M.C,
A O (SWM) Department, Assistant Head Supervisor
Jobhanputra Compound, Nana Chowk Grant Road
West, Mumbai – 400 007. EMP NO.04268842 And
Residing Chembur Malekarwadi Chandramani
Nagar P.L. Lokhande Marg, Tilk Nagar S.O. Tilak
Nagar Mumbai – 400 089. ...Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 6th JUNE, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 24th August 2018, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.1,50,000/ received by the defendant
from him against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said Demand Promissory Note the
Defendant promised to pay to him the said sum of Rs.1,50,000/
alongwith interest thereon @ 18% per annum on demand at Mumbai.
Plaintiff has further stated that he from time to time demanded from
the defendant the said amount of Rs.1,50,000/ and interest accrued
thereon @ 18% per annum. The defendant, however, failed and
neglected to pay the said sum and any part thereof and kept him on
false and baseless promises. Plaintiff has further stated that after
waiting sufficient time, he forwarded his Advocate's letter dated 27th
November 2018, recording the above facts, and instructed the
Defendant to comply with the requisitions mentioned in the said letter,
within a period of 48 hours from receipt thereof. Plaintiff has further
stated that in the premises aforesaid, there is now due and payable by
the defendant to him a sum of Rs.1,57,915.06ps. in accordance with the
Particulars of Claim. Therefore, plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
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3. Heard the Ld. Advocate for the plaintiff.
4. 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.1,57,915.06ps. from
defendant alongwith interest @ 18%
p. a. on the principal sum of
Rs.1,50,000/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.6 Promissory Note dated 24th August 2018.
2. Exh.7 Plaintiff's Advocates' letter dated 27th November 2018
alongwith the postal records in connection with the
transmission and delivery thereof.
3. Exh.8 Money Lender Licence.
4. Exh.9 Forms under Bombay Money Lending Act.
5. Exh.10 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.4 and stated that on 24th August, 2018, the defendant
executed a Demand Promissory Note of Rs.1,50,000/ in his favour for
valuable consideration sum of Rs.1,50,000/ received by the defendant.
By the said Demand Promissory Note the Defendant promised to pay to
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him that the said sum of Rs.1,50,000/ alongwith interest thereon @
18% per annum on Demand. Plaintiff has further stated that he from
time to time demanded from the defendant the said amount of
Rs.1,50,000/ and interest accrued thereon @ 18% per annum. The
defendant, however, failed and neglected to pay the said sum and any
part thereof and kept him on false and baseless promises. Plaintiff has
further stated on 27th November 2018, he forwarded a Demand Notice
through his Advocates to the defendant. The said Demand Notice was
duly served upon the defendant. Plaintiff has further stated that the
defendant has not disputed the contents of the said Notice and not
forwarded any reply thereto. Plaintiff has further stated that in the
above circumstances he filed the present suit for Rs.1,57,915.06ps. and
further interest on Rs.1,50,000/ at the rate of 18% per annum from
filing of suit till payment and costs.
7. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, Money Lender Licence, Forms under Bombay
Money Lending Act and Books of Accounts 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 he is
entitled to get sum of Rs.1,57,915.06ps. from defendant.
8. 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.1,50,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
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ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.1,57,915.06ps. to plaintiff
along with interest @ 9% p.a. on the principal sum of
Rs.1,50,000/ 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: 06.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 06.06.2019
Transcribed on : 06.06.2019
Signed on : 06.06.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10.07.2019 At 11:18 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
06.06.2019
Judgment/Order signed by P.O. on 06.06.2019
Judgment/Order uploaded on 10.07.2019
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