Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 25.01.2018
Registered on 16.02.2018
Decided on 26.04.2019
Duration Yrs. M. Days
01 02 10
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.218 OF 2018
DEEPAK SHANKAR PAWAR, Age 38 years,
of Mumbai an adult Indian Inhabitant,
having his address at Sidhivinayak C.op.
Society, 2nd floor, Room No.206, Near
Kamraj School, 90 Feet Road, Dharavi,
Mumbai400 017. ...Plaintiff.
V/s.
PARSHURAM SAMPAT PAWAR
Age not known, of Mumbai, an adult Indian
Inhabitant, working for gain with AHS
(SWM) “L” Ward, Assistant Commissioner,
BMC, L Ward, S.G. Barve Marg, Kurla West,
Mumbai400 029. Pay Sheet No.6024
SWM), EC No.3952739. And residng at
Kalina Kunchi Kurve Nagar, Pujari Chawl,
Santacruz East, Calli No.7, Mumbai400
029. ...Defendants.
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 : 26th April,2019
MHCC01-001467-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.1,77,813/69 paise with interest.
2. 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 18.10.2013 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 19.12.2017 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.2. 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 claim at Exh.3
along with compilation of documents at Exh.4 viz. promissory note
dt.27.12.2016 at Exh.5, Advocates' letter dt..19.12.2017 at Exh.6,
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money lender license at Exh.7, Forms under Bombay Money Lending
Act at Exh.8 and books of accounts at Exh.9.
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is apparent from record 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 or his Advocate,
has not appeared to contest the suit. Therefore, documents submitted
by plaintiff remain uncontroverted and unchallenged. Hence, claim put
forth by plaintiff and his testimony remain 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.
9. 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.1,77,813/69 paise to plaintiff
along with interest @ 18% per annum on principal sum
of Rs.1,50,000/ from the date of filing of this suit till
realization of entire decreetal amount.
3. Defendant do bear his own costs along 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.: 26/04/2019 City Civil Court, Gr. Mumbai
Dictated on : 26.04.2019
Transcribed on : 26.04.2019
Signed on : 26.04.2019
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.04.2019 at 5.42 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 26.04.2019
Judgment/order signed by P.O. on 26.04.2019
Judgment/order uploaded on 26.04.2019
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