Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 15.01.2018
Registered on 17.02.2018
Decided on 12.11.2018
Duration Yrs. M. Days
08 25
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.226 OF 2018
MAHENDRA MURLIDHAR DESAI
of Mumbai, an adult, Indian Inhabitant,
having his address at Sainath Chawl, Takiya
Ward, P.B. Desai, Building No.50, Kurla
(W), Mumbai400 070. ...Plaintiff.
V/s.
MANGESH KASHINATH NACHARE
Age not known, an adult Indian Inhabitant,
working for gain with Kamgar Shikshan
Kendra, Ribike and Patil Bldg., Near Ganesh
Vyayam Shala, Jail Road, Nashik.
Residing at A305, Dharma Residency
Achole Gaon, Anbedkar Nagar, Nalasopara
East, Dist.Palghar, And also at Central Board
for workers Education Shramic Shikshan
Bhavan, Near Kurla Court, Kurla (West),
Mumbai400 070. ...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 : 12th November ,2018
MHCC01-001468-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.3,92,115.06 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
residing at the address mentioned in title clause.
3. Plaintiff submitted that, on 12.05.2017 defendant executed a
Demand Promissory Note in favour plaintiff for valuable consideration
of Rs.3,50,000/. By the said demand promissory note defendant
promised to pay Rs.3,50,000/ 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 23.12.2017 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.5. In spite of service defendant has not appeared
nor contested the suit. Hence, suit proceeded exparte against
defendant.
5. During the trial plaintiff submitted chiefinaffidavit and
compilation of documents at Exh.7 and 8 respectively and proved the
following documents.
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Ex.06.
Ex.09.
Ex.10.
Ex.11.
Ex.12.
Ex.13.
Non deposit certificate
Promissory note dt. 12/05/2017
Plff adv. Letter dt. 23/12/2017 along with the
postal record in connection with the transmission
and delivery thereof.
Money lender licence.
Forms under Bombay Money Lending Act.
Books of Accounts.
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is evident 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.
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9. In the result, suit deserves to be decreed with costs. Hence, I
proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.3,92,115.06 along with interest
@ 18 % per annum on principal outstanding amount 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.: 12/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 12.11.2018
Transcribed on : 12.11.2018
Signed on : 12.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12.11.18 at 4.22 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 12.11.18
Judgment/order signed by P.O. on 12.11.18
Judgment/order uploaded on 12.11.18
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