Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 24.01.2018
Registered on 16.02.2018
Decided on 22.02.2019
Duration Yrs. M. Days
01 0 06
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.216 OF 2018
SUNKAPPA GURAPPA JADHAV, Age 48
years of Mumbai, an adult, Indian
Inhabitant, having his address at Lal Patral
Chawl No.251, Room No.10, Cross Road,
Dharavi, Mumbai17. ...Plaintiff.
V/s.
DHARMADAS VITHAL SAWANT
Age Not known, of Mumbai, an adult
Inhabitant, workign for gain with BMC
office, “H” Ward, San Martiz Road, Bandra
(W), Mumbai400 050 Dept., AEWW
E.C.No.1531345, Designation Labour P.S.
NO.4388. ...Defendant.
Appearances:
Ld. Adv Mr.Ramesh Jain for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 22nd February,2019
MHCC01-001400-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.1,96,528/76 paise with interest.
2. In short, plaintiff came with a case that, plaintiff is doing business
of money lending at the address mentioned in title clause. Defendant is
working for gain and residing at the address mentioned in title clause.
3. Plaintiff submitted that, on 22.04.2016 defendant for valuable
consideration of Rs.1,50,000/ executed a demand promissory note in
favour of plaintiff. By the said demand promissory note defendant
promised to pay Rs.1,50,000/ to plaintiff along with interest @ 18%
per annum on demand. Plaintiff time to time demanded said amount
from defendant with interest. But defendant failed and neglected to
pay the said amount or part thereof. Therefore, plaintiff issued letter to
defendant through Advocate on 17.09.2016 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 affidavit of evidence at Exh.7
along with compilation of documents at Exh.8 viz. promissory note
dt.22.04.2016 at Exh.8, Advocates' notice dt.17.09.2016 at Exh.9,
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money lender license at Exh.10, Forms under Bombay Money Lending
Act at Exh.11 and books of accounts at Exh.12.
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. On perusal of the record, particularly demand promissory note, it
is crystal clear 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 did not dare to appear before
the Court to rebut the claim of plaintiff. Therefore, documents
submitted by plaintiff remain uncontroverted and unchallenged.
Hence, claim put forth by plaintiff remains 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 @ 18% 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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O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.1,96,528/96 paise along with
interest @ 18 % per annum on principal amount of
Rs.1,50,000/ 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.: 22/02/2019 City Civil Court, Gr. Mumbai
Dictated on : 22.02.2019
Transcribed on : 22.02.2019
Signed on : 22.02.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.02.19 at 5.53 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 22.02.19
Judgment/order signed by P.O. on 22.02.19
Judgment/order uploaded on 22.02.19
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