Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.248/18 1
Registered on : 26.02.2016
Decided on : 29.06.2018
Duration : 02 04 03
Y M D
EXHIBIT6
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.248 OF 2018
Mr.Shivaji Gangara Arote
of Mumbai an adult Indian Inhabitant
aged 29 years, Occupation: Carrying Money
lending business in his name as
Mr.Shivaji Gangaram Arote under
Money lenders license No.EBE888,
having his office and resience address
at Jaishankar Chowk, Halav Pool,
PipeLine, Margusheth Chawl, Kurla
West, Mumbai400070. .....Plaintiff
V/s.
Mr.Guruprasad Jairam Yadav
of Mumbai an adult, Indian Inhabitant
Aged 44 years, Occupation: Service
Designation : Assistant Teacher,
Section: Hindi Section,
Hindi High School, Ghatkopar
West, Mumbai86, and also having his
Residence address at Room No.1,
Rumana Manzil, Asalfa Village,
(Asalaya Village), Ghatkopar
West, Mumbai 400084. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :29/06/2018.
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Sum.Suit No.248/18 2
Advocate Mr.B.S.Patil for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an
amount of Rs.1,33,000/ alongwith further interest at the rate of
18% p.a. on the principal sum of Rs.1,00,000/ from the date of
filing of the suit till its realization.
2. The facts of the case can be briefly stated as under:
The plaintiff is a moneylender carrying on business of
moneylending in his name. The defendant is in a service at Hindi
High School, Ghatkopar (West), as Assistant Teacher. It is
contended that the defendant executed promissory note of amount
Rs.1,00,000/ after receiving the said amount from the plaintiff,
and promised to repay the said amount with interest at the rate of
18% p.a. on demand but he fails to pay the said amount, inspite of
the demands and reminders.
3. As the defendant failed to pay the amount as per
promissory note, the plaintiff sent a demand notice dated
04/12/2017 informing him about the dishonour of promissory
note and calling him to pay the said amount with interest but
inspite of service of said notice the defendant did not pay the
amount. Consequently, the plaintiff has filed the present suit.
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Sum.Suit No.248/18 3
4. The plaintiff has filed on record affidavit of service of
summons at Exh.2 alongwith Sherif report.
5. Defendant inspite of service of writ of summons did not
appear in the suit. Therefore, the suit is proceeded exparte against
the defendant. The plaintiff has filed nonappearance certificate of
the defendant at Exhibit 3.
6. Plaintiff has filed affidavit of evidence in support of suit
claim at Exhibit 4, in which he has reiterated the contents of
plaint, elaborately. So also, he has filed the List of documents at
Exhibit 5. He has filed the documents like original demand
promissory note dated 05/04/2016, Copy of the notice dated
04/12/2017 alongwith original postal receipts and one returned
packet, an acknowledgement. So also, the plaintiff has filed the
copy of moneylending license. There is no reason on record to
disbelieve the oral and documentary evidence produced by the
plaintiff.
7. As the defendant has failed to put his appearance and
contest the suit therefore, in these circumstances in view of the
provisions of subrule2 of Rule3 of Order XXXVII of Civil
Procedure Code, the averments made by the plaintiff in the plaint
are deemed to be admitted. Therefore, the plaintiff is entitled for
the decree as prayed alongwith interest @ 12% p.a. from the date
of filing of the suit till its realization. In the result, following order.
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Sum.Suit No.248/18 4
O R D E R
1. The Summary Suit No.248/18 is decreed with costs.
2. Defendant shall pay an amount of Rs.1,33,000/(Rupees
One Lac Thirty Three thousand) with interest on the principal
amount of Rs.1,00,000/, at the rate of 12% 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 be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 29/06/2018 City Civil Court, Gr. Bombay
Dictated on : 29/06/2018
Transcribed on : 29/06/2018
Signed on : 07/07/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07.07.18 Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri.M.M.Umar(CR
No.28)
Date of Pronouncement of
Judgement/Order.
29.06.18
Judgement/order signed by P.O on 04.07.18
Judgement/order uploaded on 04.07.18
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Sum.Suit No.248/18 5
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