Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 173/2018 1
Registered on : 08.02.2018
Decided on : 29.01.2019
Duration : 01 01 21
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.173 OF 2018
Sunkappa Gurappa Jadhav, Adult,
of Mumbai, an adult, Indian
Inhabitant, having his adress at
Lal Patra Chawl NO.251, Room No.10,
Cross Road, Dharavi, Mumbai400017. .....Plaintiff
V/s.
Dharamdas Vithal Sawant
Age not known
of Mumbai, an adult Indian Inhabitant
working for gain with BMC Office, “H”Ward,
Sant Martiz Road, Bandra (W)
Mumbai – 400050 Dept. AEWW,
E.C.NO.1531345, Designation Labour P.S.NO.4388 ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :29/01/2019.
Advocate Mr.Ramesh Jain for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.2,29,887/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.1,75,000/ from the date of filing of the suit till
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Sum.Suit No. 173/2018 2
its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that he is doing the moneylending
business. On 15/4/2016 the defendant received a sum of Rs.1,75,000/
from the plaintiff and he executed demand promissory note in favour of
the plaintiff for the said amount. The defendant agreed to pay interest
at the rate of 18% p.a., on demand. It is contended that the plaintiff
orally demanded the said amount with interest accrued thereon from
time to time but the defendant failed and neglected to pay the same.
Ultimately, the plaintiff issued a notice dated 17/9/2016 through his
advocate, but the defendant failed and neglected to comply the same.
Consequently, the plaintiff has filed the present suit.
The plaintiff has filed on record affidavit of service of summons
at Exhibit 5, Nonappearance certificate Exhibit 6. It appears that
though the suit summons was duly served upon the defendants but he
did not appear in the suit. Therefore, the suit is proceeded exparte
against the defendant.
4. Plaintiff has filed affidavit of evidence of in support of suit
claim at Exhibit 7, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 8. He
has filed the documents like Demand Promissory Note dated
15/4/2016, Copy of demand notice 17/9/2016, photocopy of
moneylending license etc.
5. As the defendant has failed to reply to the Summons for
Judgment and contest the suit therefore, in these circumstances in view
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Sum.Suit No. 173/2018 3
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.173/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.2,29,887/
(Rupees Two Lacs Twenty Nine thousand Eight hundred and Eighty
Seven) with interest on the principal amount of Rs.1,75,000/, 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.
4 Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 29/01/2019 City Civil Court, Gr. Bombay
Dictated on : 29/01/2019
Transcribed on : 29/01/2019
Signed on : 02/02/2019
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Sum.Suit No. 173/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
02/02/19 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.
29/1/19
Judgment/order signed by P.O on 02/02/19
Judgment/order uploaded on 02/02/19
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