Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.211/2018
Received on : 19.01.2018
Registered on : 16.02.2018
Decided on : 09.01.2019
Duration : Y M D
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 211 OF 2018
CNR NO.: MHCC010012072018
Exh.15
Mr. Rajeshwar Laxmanrao Gadge ]
of Mumbai an adult Indian, ]
Inhabitant aged about 37 years, ]
Occupation Money Lender, ]
having his Office and residence ]
address at Block No.1, ]
Jaishankar Chowk Halav pool Road, ]
Durga Pawar Chawl, Opposite ]
Rolex Hotel, Makadwala Compound, ]
Kurla West Mumbai – 400 070. ]
(Mobile No.9967039118) ]….Plaintiff.
V/s.
Mr. Shekar Ram Dhadve ]
of Mumbai an adult Indian Inhabitant, ]
age 57 years, Occupation Service, ]
having his office address at ]
India Met Department Sahar Airport, ]
Designation : Met Attended ICard No.C166 ]
Met ID : 5982142 . M.O. Mumbai, FNO :14, ]
IDNO :5113, Sutarya Pakhadi Road, ]
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Nearby Sai Mandir, Mumbai – 400 099. ]
and also having his residence address ]
C11/4, New Air Port Colony, ]
Parsiwadi Vile Parle East Mumbai ]
Mobile No.865228608. ] ...Defendant.
Appearances:
Advocate Mr.Patil for the Plaintiff.
Defendant exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.9)
DATED : 9th JANUARY, 2019.
[ J U D G M E N T ]
Plaintiff case in short are as under :
1. Plaintiff is a Money Lender carrying on business of Money
lending at Block No.1, Jaishankar Chowk, Halav pool Road, Durga
Pawar Chawl, Opposite Rolex Hotel, Makadwala Compound, Kurla
(West) Mumbai – 400 070. He has stated that defendant is engaged in
the service of India Met Department Sahar Airport. He has further
stated that the defendant executed a Demand Promissory Note of
Rs. 3,50,000/ against the loan of Rs.3,50,000/ received by the
defendant from the plaintiff. Defendant had promised to pay to the
plaintiff of Rs.3,50,000/ alongwith interest @ 18% p.a.. He has further
stated that defendant failed to pay money inspite of demands by the
plaintiff. As the Demand Promissory Note was dishonoured by
defendant, plaintiff sent a Notice calling upon him to pay money due
under Promissory Note alongwith interest on the same. Defendant
failed to pay money due from him, therefore, plaintiff filed present suit.
2. It appears defendant failed to appear in the suit, therefore,
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matter has proceeded exparte against him.
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 the plaintiff is entitled to
get Rs.3,92,000/ alongwith interest
@ 18% p.a. on the principal amount
of Rs.3,50,000/ from the date of
filing of the suit till its realisation ?
...Partly in the
affirmative.
2. What Order ? ...As per final order
REASONS
5. Plaintiff has filed evidence in the form of affidavit below Exh.6.
Plaintiff relied upon the following documents as documentary evidence
which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Original dishonoured Demand Promissory Note
for Rs.3,50,000/ dated 15 th April, 2017.
2. Exh.10 Form No.10
3. Exh. 11 Office copy of demand Notice dated
08.11.2017 alongwith original two Postal
receipts and two original return packets.
4. Exh.12 Money Lending License of the plaintiff
pertaining to loan period.
5. Exh.13 Cash Book.
6. Exh.14 Ledger Book.
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AS TO POINT NOS. 1 AND 2:
6. Mr.Rajeshwar Laxmanrao Gadge (P.W.1) is the plaintiff who has
stated in his examination in chief filed in the form of affidavit that he
had advanced cash of Rs. 3,50,000/ to defendant and on the same day
defendant executed a Demand Promissory Note in his favour and
delivered it to the plaintiff. Plaintiff has further stated in his evidence
that he demanded money due as per Demand Promissory Note, but
defendant failed to pay the same. Therefore, he issued Demand Notice
calling upon him to pay money due from him. It appears plaintiff
produced the Office Copy of Demand Notice alongwith Postal receipts
and Postal acknowledgment. It appears the averments of plaintiff and
oral and documentary evidence led by plaintiff has remained
unchallenged by defendant. The oral evidence of plaintiff is
corroborated by documentary evidence which proves that defendant is
liable to give Rs.3,92,000/ to plaintiff as the Demand Promissory Note
specifically states that the defendant will give @ 18% interest on the
amount stated in Demand Promissory Note.
7. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct the defendant to give interest @ 9% p.a. on
the principal amount from the date of filing of the suit till its realisation
of the amount as @ 18% p.a. will be huge interest to be charged from
filing of the suit. Hence, answer point No.1 partly in the affirmative and
pass following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs.3,92,000/ to plaintiff
along with interest @ 9% p.a. on the principal mount of Rs.3,50,000/
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from the date of filing of the suit till realisation of the amount.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 09.01.2019. City Civil Court,
Gr. Bombay.
Dictated on : 09.01.2019
Transcribed on : 09.01.2019
Signed on : 09.01.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11.01.2019 At 4:22 pm. 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.09)
Date of pronouncement of
Judgment/Order
09.01.2019
Judgment/Order signed by P.O. on 09.01.2019
Judgment/Order uploaded on 11.01.2019
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