Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm. Suit 9022021
MHCC010005042020 Presented on : 13/01/2020
Registered on : 14/03/2020
Decided on : 18/10/2022
Duration : 02Y/07M/04D
IN THE CITY CIVIL COURT AT MUMBAI.
(Court Room No.32)
COMMERCIAL SUIT NO.902 OF 2021
Dinesh Khimji Jitiya
of Mumbai an adult Indian Inhabitant,
aged about 45 years, Occupation:
Business, residing at C/32, Ambedkar
Sadan, Arthur Road, Mumbai400 011. …PLAINTIFF
VERSUS
Mr. Govind Mahadu Nannaware of
Mumbai an adult Indian Inhabitant, aged
38 years, occupation service, having his
residence address at Sarwoday Chawl,
New Link Road, West Behram Baugh,
Jogeshwari West, Mumbai400 102.
And
also having his office address at Brihan
Mumbai Vidhut Purvatha & Parivan
Upkram, Employe No.0949330701,
Designation: Navghani: I card 493307,
Best Bhavan, Colaba, Mumbai.
…DEFENDANT
Shri.Balbheem Patil, learned Advocate for plaintiff
Defendant exparte.
CORAM : SHRI.N.P.TRIBHUWAN, ADHOC DISTRICT JUDGE
(C.R.NO.32)
E XP A R T E J U D G M E N T
(Delivered on 18/10/2022)
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2 Comm. Suit 9022021
This is a suit for recovery of sum of Rs.3,00,000/.
2. It is case of plaintiff that he has given friendly loan of Rs.
3,00,000/ to defendant on 16.9.2016. At that time defendant promised
to repay the same. Defendant has issued cheque dtd.16.2.2019 for
Rs.3,00,000/ in favour of plaintiff towards discharge of the said
liability. However, the said cheque dishonored due to funds insufficient.
Hence, plaintiff has issued notice to the defendant dtd.4.4.2019 about
the dishonored of cheque and called upon him to pay the said amount.
But defendant failed and neglected to pay the said amount. Hence,
plaintiff filed this suit.
3. Inspite of service of suit summons, defendant did not
appear and hence suit proceeded exparte against him.
4. On above facts following points arise for determination of
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that has
advanced friendly loan of Rs.3,00,000/ on
16/9/2016 to defendant ? …Yes.
2. Whether the plaintiff proved that
defendant is in outstanding of
Rs.3,00,000/ ? …Yes.
3. Whether suit is within limitation ? ...Yes.
4. Whether plaintiff is entitled for the relief
claimed ? ...Yes.
5. What order and decree? ...As per final
order.
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3 Comm. Suit 9022021
REASONS
AS TO POINT Nos.1 TO 4:
5. Heard learned counsel of Plaintiff. Plaintiff has examined
himself (PW1) to prove his case. He reproduced all content of plaint in
his chiefexamination. He has filed original dishonored cheque
dtd.5.2.2019, bank memo dtd.16.2.2019, demand notice dtd.4.4.2019
and postal receipt.
6. Evidence of PW1 remained unchallenged as suit proceeded
exparte against the defendant. In view of evidence of PW1 and
documentary evidence, it becomes clear that plaintiff has advanced
friendly loan of Rs.3,00,000/ without interest to defendant on
16.9.2016. It seem that the defendant has issued cheque dtd.5.2.2019
towards the discharge of the said liability. Present suit filed on
13.1.2020. Hence, suit is within limitation. Thus, I answered point Nos.
1 to 4 as above. Hence, I pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the
amount of Rs.3,00,000/.
3. Decree be drawn up accordingly.
Date :18/10/2022.
(N.P. TRIBHUWAN)
Judge, City Civil Court
(C.R.No.32), Mumbai.
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4 Comm. Suit 9022021
Dictated on : 18/10/2022.
Checked on : 18/10/2022.
Signed on : 18/10/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18/10/2022. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 18/10/2022.
Order signed by P.O. on 18/10/2022.
Order uploaded on 18/10/2022.
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