Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.196/2018 1
Registered on : 12.02.2018
Decided on : 01.02.2019
Duration : 00 09 19
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.196 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, Mumbai 400070.
(Mobile No.9967155818) ....Plaintiff
V/s.
Mr.Dilip Bhika Valantra
of Mumbai an adult Indian Inhabitant
age 53 years, Occupation Service, having
his office address at Designation :MUCCADAM,
Employee No.0201640756, Department :BB
CLASS IV STAFF OF MEDICAL BBVT CH
STATION :CSMT, CSMT Railway Station
Plate Form No.1, Medical office CSMT
Mumbai – 400001. And also having his
Residence address C/47, Ramchandra Plaza,
Navghar Pathak Cross Road, Near Vimal
Dairy, Bhayandar East, Mumbai401105. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :01/02/2019.
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Sum.Suit No.196/2018 2
Advocate Mr.B.S.Patil for the plaintiff
Exparte against defendant.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.1,34,400/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.1,20,000/ from the date of filing of the suit till
its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that he is a money lender carrying on
business of money lending under license. The defendant executed a
promissory note of Rs.1,20,000/ in his favour on 27/4/2017 against
the loan of Rs.1,20,000/ received by him from the plaintiff. The
defendant promised to pay interest at the rate of 18% p.a. on the said
amount on demand. It is contended that the defendant failed to pay the
aforesaid amount with interest to the plaintiff inspite of demands and
reminders. Ultimately, the plaintiff sent a notice on 23/12/2017 to the
defendant but he failed to comply the same. Consequently, the plaintiff
has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5 and nonappearance certificate at Exhibit 6. Defendant
inspite of service of writ of summons did not appear in the suit.
Therefore, my learned predecessor in office passed an order of suit to
proceed exparte against the defendant vide order dated 09/04/2018.
4. Plaintiff has filed his affidavit of evidence in support of suit
claim at Exhibit 7, in which he has reiterated the contents of plaint,
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Sum.Suit No.196/2018 3
elaborately. So also, he has filed the List of documents at Exhibit 8. He
has filed the documents like original demand promissory note dated
27/4/2017, Copy of Notice dated 23/12/2017 issued by the plaintiff to
the defendant, copy of money lending license etc.
5. As the defendant has failed to put his appearance and contest
the suit therefore, in these circumstances in view of the provisions of
subrule2 of Rule3 of Order XXXVII of C.P.Code, the averments made
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.196/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.1,34,400/
(Rupees One Lac Thirty four thousand Four hundred) with interest on
the principal amount of Rs.1,20,000/, at the rate of 9% p.a. from the
date of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
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Sum.Suit No.196/2018 4
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 01/02/2019 City Civil Court, Gr. Bombay
Dictated on : 01/02/2019
Transcribed on : 01/02/2019
Signed on : 05/02/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
5/2/19 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
1/2/19
Judgment/order signed by P.O on 5/2/19
Judgment/order uploaded on 5/2/19
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