Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 19.01.2018
Registered on 13.02.2018
Decided on 26.11.2018
Duration Yrs. M. Days
09 13
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.202 OF 2018
Mrs.Radhabai Sandeep Gadge
of Mumbai an adult Indian Inhabitant aged
about 24 years, Occupation Money Lender,
having her office and residence address at
Room No.3, Nobel Coop. Housing Society
Ltd., Halav Pool Road, Kurla West Mumbai
400 070.
(Mobile No.9987103101 and 9987379534)
Through her duly constituted attorney
Mr.Sandeep Saybu Gadge of Mumbai an
adult Indian Inhabitant aged about 25 years,
Occupation : Service having his residence,
Address at Room No.3, Nobel Coop.
Housing Society Ltd. Halav Pool Road, Kurla
West Mumbai400 070. ...Plaintiff
V/s.
Mr.Suryakant Mahadeo Kadam,
an adult, Indian Inhabitant, age not known,
Occupation – Service, having his office
address at Desig : Assistant Manager –
Anima Farm, Employee Id.97, NDP31,
DepartmentUSHIDTITWALA Advy
Chemical Pvt.Ltd., 17th Floor, Hoechest
House, Nariman Point, Mumbai400021.
And also having his native place address at
601/A, SaiDhara Tower, Umbavli Road,
MHCC01-001067-2018
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Near Vidya Niketan School, Manpada
Dombivali East Mangaon, Thane421204. ...Defendant
Appearances:
Ld. Adv Mr.Balbhim 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 : 26th November,2018
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.2,03,000/ with interest.
2. In short, plaintiff came with a case that, plaintiff is carrying her
money lending business through her duly constituted attorney
Mr.Sandeep Saybu Gadge at the address mentioned in the title clause.
Defendant is working with Animal Farm Advy Chemical Pvt.Ltd at the
address mentioned in the title clause.
3. On behalf of Plaintiff her power of attorney submitted that, entire
loan transaction of this suit has been took place in his presence and
plaintiff has paid loan amount of Rs.2,00,000/ to defendant on
27.11.2017 in cash and defendant executed and signed Demand
Promissory Note and Form No.10 and agreed to pay the same on
demand with interest. But defendant failed to pay the same. Defendant
also dishonouerd the said promissory note. Therefore, plaintiff sent a
notice or demand d.23.12.2017 called upon defendant to pay the
amount of promissory note with interest. Defendant neither replied the
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said notice nor paid the amount. Therefore, plaintiff came before this
Court against defendant for recovery of amount. Hence, this suit.
4. Writ of summons of this suit issued to defendant. Plaintiff filed
affidavit of service at Exh.5. In spite of service defendant has not
appeared. Hence, suit proceeded exparte against defendant.
5. In support of his claim plaintiff filed affidavit of evidence at Exh.7
and filed list of documents at Exh.8 and proved demand promissory
note dt.27.11.2017 (Exh.9), Form No.8 dt.27.11.2017( Exh.10)
demand notice dt.26.12.2017 (Exh.11), photo copy of money lending
license (Exh.12), photo copy of cash book (Exh.13), photo copy of
ledger book (Exh.14).
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. Plaintiff through her power of attorney has proved the execution
of the promissory note by the defendant therefore, it is proved that,
there was transaction between the plaintiff and defendant. Defendant
had executed promissory note and even after issuing demand notice
defendant had not paid the amount. Therefore, plaintiff forced to file
this suit.
8. After service of writ of summons defendant not appeared to
contest the suit. Therefore, documents submitted by plaintiff remain
uncontroverted and unchallenged. Hence, claim put forth by plaintiff
and testimony of her power of attorney remain unchallenged and un
rebutted. Therefore, suit filed by plaintiff for recovery under O.XXXVII
R.2 of C.P.C. deems to be accepted. Defendant neither present nor
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rebutted the claim of plaintiff, which clearly establishes the claim of
plaintiff and therefore, plaintiff is entitled to recover balance amount
with interest @ 18 % per annum, as prayed.
9. In spite of repeated requests and demand defendant has not paid
the amount and withheld the amount without having any probable
explanation and therefore, plaintiff is entitled to recover interest
@ 18 % per annum from defendant till entire decreetal amount is
recovered. In spite of repeated demand and opportunity defendant has
not paid the amount. Therefore, costs of this suit needs to be saddled
upon defendant.
10. 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 :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.2,03,000/ along with interest @
18 percent per annum on principal amount of
Rs.2,00,000/ 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.:26/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 26.11.2018
Transcribed on : 27.11.2018
Signed on : 27.11.2018 kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.11.2018 at 11.16 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 26.11.2018
Judgment/order signed by P.O. on 27.11.2018
Judgment/order uploaded on 28.11.2018
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