Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 19.01.2018
Registered on 16.02.2018
Decided on 13.11.2018
Duration Yrs. M. Days
08 27
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.209 OF 2018
Mr.Dalpat Keshav Wagh
of Mumbai an adult Indian Inhabitant aged
about 34 years, Occupation carrying money
lending business under license number RBC
2210 having his office and residence address
at Room No.1/136, J.R. Boricha Marg,
Arthur Road, Mumbai400 011. ...Plaintiff
V/s.
Saiyed Mohamed Sayed A.,
of Mumbai an adult Indian Inhabitant, Age
not known, occupation service having his
residence address at Room No.116, Behram
Nagar, Masjid Gully, Near B.M.C. Urdu
School, Bandra East Mumbai400 051. And
also having His work place address at Nair
Hospital, Old Building, 8th floor, Mumbai
Central East, Mumbai400 008. ...Defendant
Appearances:
Ld. Adv Mr.Balbheem Patil for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 13th November,2018
MHCC01-001059-2018
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.. j/2 .. Summary Suit No.209/2010
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.1,74,000/ with interest.
2. In short, plaintiff came with a case that, plaintiff is carrying his
money lending business in his name and having his office and residence
address as mentioned in the title clause. Defendant is engaged in the
service at Nair Hospital.
3. Plaintiff submitted that, defendant executed in favour of plaintiff
a promissory note of Rs.1,60,000/ on 18.05.2017 against the loan
received by defendant from plaintiff. By the said demand promissory
note defendant promised to pay Rs.1,60,000/ to plaintiff along with
interest @ 15% per annum on demand. But defendant failed and
neglected to pay the said amount on demand and reminders. Defendant
also dishonoured the promissory note. Therefore, plaintiff issued letter
to defendant through Advocate on 07.07.2017 and requested to pay the
amount. Defendant failed and neglected to comply the above demand
notice. Therefore, plaintiff has come before this Court by way of
present suit for recovery of amount.
4. Writ of summons of this suit served upon defendant. Affidavit of
service is filed at Exh.5. In spite of service defendant has not appeared
nor contested the suit. Hence, suit proceeded exparte against
defendant.
5. In support of his claim plaintiff filed evidence affidavit at Exh.7
along with list of documents at Exh.8 viz. promissory note
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.. j/3 .. Summary Suit No.209/2010
dt.18.05.2017 at Exh.9, Form No.8 at Exh.10, copy of demand notice
dt.07.07.2017 at Exh.11, money lender license at Exh.12, and cash
books and ledger book at Exh.13 and 14 respectively.
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is on the face of record appears that defendant has borrowed
the amount from plaintiff and executed demand promissory note in
favour of plaintiff and promised to pay the sum on demand. But
defendant has not paid the sum as demanded by plaintiff. Defendant or
his Advocate, has not appeared to contest the suit. Therefore,
documents submitted by plaintiff remain uncontroverted and
unchallenged. Hence, claim put forth by plaintiff and his testimony
remain unchallenged and unrebutted. Therefore, suit filed by plaintiff
for recovery under O.XXXVII R.2 of C.P.C. needs to be accepted.
Defendant neither present nor rebutted the claim of plaintiff. Which
clearly establishes the claim of plaintiff and therefore, plaintiff is
entitled to recover amount which borrowed by defendant along with
interest @ 15% per annum. In spite of repeated demand and
opportunity defendant has not paid the amount. Therefore, costs of this
suit needs to be saddled on defendant.
8. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
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.. j/4 .. Summary Suit No.209/2010
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.1,74,000/ along with interest
@ 15 percent per annum on principal amount of
Rs.1,60,000/ to plaintiff from the date of filing of this
suit till realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.:13/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 13.11.2018
Transcribed on : 15.11.2018
Signed on : 15.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15.11.18 at 5.33 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 13.11.18
Judgment/order signed by P.O. on 15.11.18
Judgment/order uploaded on 15.11.18
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