Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.194/2018
Received on : 17.01.2018
Registered on : 12.02.2018
Decided on : 22.03.2019
Duration : Y M D
01 02 07
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 194 OF 2018
CNR NO.: MHCC010009342018
Premchand Gulabchandji ]
Age 77 Yrs. ]
of Mumbai, an adult Indian ]
Inhabitant, carrying on business ]
of Money Lending at and from ]
46, Modi Street, Ground ]
Floor, Fort, Mumbai – 400 001. ]...Plaintiff
Versus
1. Sadanand Bhikuram Savardekar ]
Age not known ]
of Mumbai an adult Indian inhabitant ]
Working for gain with Central Railway ]
Carriage Workshop Matunga Mumbai 400 019.]
and residing at 1/32 B.I.T. Chawl K. Vithal ]
Chavan Marg, Dr. Ambedkar Road, ]
Mumbai – 400 012. ]
2. Ashok B. Mohite ]
Age not known of Mumbai an adult ]
Indian inhabitant Working for gain with ]
Central Railway Carriage Wrokshop ]
-- 1 of 6 --
:2: Summary Suit No.194/2018
Matunga Mumbai 400 019. ]
and residing at Central Railway Colony, ]
R.B.B. 249/35, Suparibaug Parel, ]
Mumbai 400 012. ]...Defendants.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 22nd MARCH, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that he is of Mumbai an adult Indian
inhabitant, doing business of money lending at the address mentioned
in the Cause Title. The defendants are adult Indian inhabitants, working
for gain and residing at the addresses shown in the Cause Title. Plaintiff
has stated that on 10th November 2017 the defendants executed a
Demand Promissory Note in favour of the plaintiff for valuable
consideration being a sum of Rs.30,000/ received by the defendants
from the plaintiff against and on the basis of execution and handing
over of the said Demand Promissory Note. By the said Demand
Promissory Note the defendants promised to pay to the plaintiff the said
sum of Rs.30,000/ alongwith interest thereon @ 1.25% per month on
Demand. Plaintiff has further stated that he from time to time
demanded from the defendants the said amount of Rs.30,000/ and
interest accrued thereon @ 1.25% per month. The defendants, however,
failed and neglected to pay the said sum and any part thereto and kept
the plaintiff on false and baseless promises. Plaintiff has further stated
that after waiting sufficient time, he forwarded his Advocate's letter
-- 2 of 6 --
:3: Summary Suit No.194/2018
dated 24th November 2017 recording the above facts, and instructed the
defendants to comply with the requisitions mentioned in the said letter,
within a period of 48 hours from receipt thereof. He has further stated
that the defendants has duly received the said letter. The defendants
has failed and neglected to comply with the requisition thereof and has
also not controverted the contents of the said letter.
2. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded Exparte against both defendants.
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
amount of Rs.30,369.86 ps. from
defendants along with interest @
1.25% per month on the principal
sum of Rs.30,000/ 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 has filed evidence of Mahendra P. Jain (P.W.1)
Constituted Attorney of Plaintiff in the form of affidavit below Exh.7.
Plaintiff relied upon the following documents as documentary evidence
which are as under :
-- 3 of 6 --
:4: Summary Suit No.194/2018
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 10th November 2017
2. Exh.10 Plaintiff's Advocates' letter dated 24th November
2017 alongwith the postal records in connection
with the transmission and delivery thereof.
3. Exh.11 Money Lender Licence.
4. Exh.12 Forms under Bombay Money Lending Act.
5. Exh.13 Books of Accounts
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of Mahendra P. Jain (P.W.1)
Constituted Attorney of the plaintiff below Exh.7 and stated that on 10th
November 2017 the defendants executed a Demand Promissory Note of
Rs.30,000/ in plaintiffs' favour for valuable consideration sum of
Rs.30,000/ received by the defendants. By the said Demand Promissory
Note the defendants promised to pay to the plaintiff that the said sum
of Rs.30,000/ alongwith interest thereon @ 1.25% per month on
Demand. He has further stated that plaintiff from time to time
demanded from the defendants the said amount of Rs.30,000/ and
interest accrued thereon @ 1.25% per month. The defendants, however,
failed and neglected to pay the said sum and any part thereof and kept
on false and baseless promises. He has further stated that on 25th
November 2017 the plaintiff forwarded a Demand Notice through
plaintiff's Advocates to the defendants. The said Demand Notice was
duly served upon the defendants. The defendants have not disputed the
contents of the said Notice and not forwarded any reply thereto. He has
further stated that in the above circumstances the plaintiff filed the
present suit for Rs.30,369.86 ps. and further interest on Rs.30,000/ at
-- 4 of 6 --
:5: Summary Suit No.194/2018
the rate of 1.25% per month from filing of suit till payment and costs.
7. Plaintiff has produced original Promissory Note, Plaintiff's
Advocate letter, copy of Money Lender Licence on record as
documentary evidence. Defendants have failed to challenge all the
averments in the plaint and evidence affidavit. The oral evidence of
plaintiff is corroborated by documentary evidence. Due to all these
circumstances, plaintiff has proved that he is entitled to get sum of
Rs.30,369.86 ps. from the defendants.
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.30,000/ 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 Nos. 1 and 2 are jointly directed to pay amount of
Rs.30,369.86 ps. to plaintiff along with interest @ 9% p.a. on
the principal sum of Rs.30,000/ 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: 22.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 22.03.2019
Transcribed on : 22.03.2019
Signed on : 22.03.2019
-- 5 of 6 --
:6: Summary Suit No.194/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27.03.2019 At 5:23 p.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
22.03.2019
Judgment/Order signed by P.O. on 22.03.2019
Judgment/Order uploaded on 27.03.2019
-- 6 of 6 --