Interim Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Received on : 19/01/2018
Registered on : 12/02/2018
Decided on : 04/05/2018
Duration : 0 0 : 0 2 : 21
Y M D
EXHIBIT9
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 197 OF 2018
Mr.Subhash Yelappa Kutade )
of Mumbai an adult Indian, )
Inhabitant aged about 33 years, )
Occupation Money Lender, )
having his office and residence )
address at Room No. 14, Navjivan )
Seva Society, Shivneri Nagar, )
Shingrewadi, Bailbazar, )
Kurla West Mumbai400 070. )
(Mobile No. 9967155818). )...Plaintiff.
V/s.
Mr. Rajesh Chhagan Solanki )
of Mumbai an adult Indian, Inhabitant, )
age 42 years, Occupation Service, having )
his office address at Desig:Sweeper, )
Employee No. 4284134, PS NO. 6501 SMMGH )
Department:Ghatkopar Lab, Sant Muktabai, )
Muktbai Hospital, Barve Nagar, )
Bhatwadi, Ghatkopar West Mumbai )
And also having his Residence address at )
Room No. 26, Building No. 21, Veer Savarkar road)
near to Vikroli Bus Depot. )
Vikroli West Mumbai400 079. )...Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. S.J.BIYANI.
(C. R. No.: 28)
DATED : 04/05/2018.
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Advocate Mr. Balbheem S.Patil for plaintiff.
Exparte against defendant.
JUDGMENT
The present suit is filed by plaintiff for recovery of an
amount of Rs. 3,36,000/ alongwith future interest at the rate of 18%
p.a. on Rs. 3,00,000/ from the date of filing suit till its realization.
2. It is the case of the plaintiff that plaintiff is a Money
Lender by profession and lended amount of Rs. 3,00,000/ to
defendant on 25/04/2017. In pursuance of which, defendant executed
demand promissory note and agreed to repay the amount alongwith
interest at the rate of 18% p.a. The said promissory note was
dishonoured by the defendant. Therefore, plaintiff sent a notice
dtd.23/12/2017, calling upon defendant to pay the amount discloses
dishonoured. The defendant inspite of service failed to comply the
same. Hence, the plaintiff was constrained to file the present suit.
3. Defendant inspite of service of writ of summons did not
appeared in the suit. The plaintiff has filed on record affidavit of
service alongwith Sheriff report at Exh.5 and Non Appearance
Certificate at Exh. 6. Defendant failed to appear inspite of service and
therefore, the suit was proceeded exparte against defendant.
4. Considering the evidence of plaintiff, the following points
arose for my consideration and I record my findings for the reasons
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stated thereunder.
Sr.Nos. POINTS FINDINGS
1. Is plaintiff entitle for the relief as prayed? Yes.
2. What order. As per final order
REASONS
5. The plaintiff has filed affidavit of evidence at Exh. 7 and
reiterated the contents of plaint. The plaintiff has filed on record list of
documents at Exh. 8 and relied on the following documents.
Sr. No. Particulars
1 Original dishonoured demand promissory note
for Rs. 3,00,000/ dtd. 25/04/2017.
2 Form No. 10.
3 Office copy of demand notice dtd. 23.12.2017
along with one original Postal receipt.
4 Money Lending License of the plaintiff pertaining
to loan period.
5. Cash Book.
6. Ledger Book
6. Considering the non appearance of defendant inspite of
service, there is no reason to disbelieve the contentions of plaintiff
supported by documents. There is nothing on record that militates
against the plaintiff's claim. As the defendant failed to enter his
appearance and contest the suit, in such circumstance, in view of Order
XXXVII Rule 2(3) of C.P.C., averments made by plaintiff in the plaint
are deemed to be admitted. Therefore, plaintiff is entitle for decree as
prayed along with interest at the rate of 18% p.a. from the date of
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filing of the suit till its realization.
ORDER
1. Suit is decreed with costs.
2. Defendant to pay an amount of Rs. 3,36,000/ to the plaintiff
alongwith future interest at the rate of 18% p.a. on Rs.
3,00,000/from the date of suit till its realization.
3. Plaintiff is entitled for refund of the Court fees as per rules.
4. Decree be drawn up accordingly.
(S.J.Biyani)
Judge,
Date : 04/05/2018 City Civil Court, Gr. Bombay
Dictated on : 04/05/2018
Transcribed on : 22/05/2018
Signed on : 22/05/2018
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
30/05/2018 3.26p.m. Mrs.Vidya V. Malgaonkar
Name of the Judge HHJ Shri S.J.Biyani(CR No.28)
Date of Pronouncement of
Judgment/Order.
04/05/2018
Judgment/order signed by P.O on 22/05/2018
Judgment/order uploaded on 30/05/2018
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