Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.S.No.247/18 Judgment 1
Registered on : 26.02.2018
Decided on : 29.06.2018
Duration : 00 04 03
Y M D
EXHIBIT6
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.247 OF 2018
Mr.Shivaji Gangaram 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 residence address
at Jaishankar Chowk, Halav Pool,
Pipeline, Margusheth chawl, Kurla
West, Mumbai – 400070. .....Plaintiff
V/s.
Mr.Sakir Ashik Sayyed
of Mumbai an adult Indian Inhabitant
Aged 35 years, Occupation: Service
Employee No.950183, T.M.H., Department
of Atomic Energy Jeerabhai Road,
2nd Floor, department I.C.U.Tata
Memorial Centre, Parel, Mumbai400012.
And also having his Residence
address at Plot No.46, Bandra Dayama
Marg, Shivaji Nagar, Police Chowki,
Kherwadi Road, Bandra East,
Mumbai – 400051. ....Defendant
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Sum.S.No.247/18 Judgment 2
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :29/06/2018.
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.1,62,500/ alongwith further interest at the rate of
18% p.a. on the principal sum of Rs.1,10,000/ 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
Government of India the department of Atomic Energy, Vile Parle .
It is contended that the defendant executed promissory note of
amount of Rs.1,10,000/ 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
4/12/2017 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.
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Sum.S.No.247/18 Judgment 3
Consequently, the plaintiff has filed the present suit.
4. The plaintiff has filed on record affidavit of service of writ
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 him. 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 15/5/2015, Copy of the notice alongwith
original postal receipts and one returned packet,
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 produce by the plaintiff on
record.
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 C.P.Code, the
averments made by the plaintiff in the plaint are deemed to be
admitted. Therefore, the plaintiff is entitled for the decree as
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Sum.S.No.247/18 Judgment 4
prayed alongwith interest @ 12% p.a. from the date of filing of the
suit till its realization. In the result, following order.
O R D E R
1. The Summary Suit No.247/18 is decreed with costs.
2. Defendant shall pay an amount of Rs.1,62,500/(Rupees
One Lac Sixty Two thousand and Five hundred) with interest on
the principal amount of Rs.1,10,000/, 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 : 04/07/2018
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Sum.S.No.247/18 Judgment 5
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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