Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.360/2019 1
Received on :12022019
Registered on :01032019
Decided on : 18112019
Duration : 00Y 09M 05D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 360 of 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010016952019)
Mr.Ashok Saibu Gadge
of Mumbai an adult Indian
Inhabitant aged 37 years,
occupation carrying on money lending
business in his name at Room No.2,
National Chawl, Gaurishankar Nagar,
Masrani Lane, Kurla West Mumbai400070. ....Plaintiff
Versus
Mr.Bapu Ramu Waghmare
of Badlapur Thane an adult, Indian
Inhabitant, age 57 years,
Occupation Service, having his office
address at M.T.N.L.office,
HRD No.M057191, Staff No.M057191,
Department GEN MGR(N) NZ
Dr.Ambedkar Road, Near Gandhi Market,
Matunga East Mumbai400 019. And also
Having his residence address at Flat No.04,
Shreejibhavan, Near Mohan Palm,
Badlapur Thane Maharashtra. ….Defendant
Appearances:
Advocate Mr.B.S.Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 18th NOVEMBER 2019
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SUMMARY SUIT NO.360/2019 2
J U D G M E N T
1. This is Summary Suit for recovery of Rs.1,15,000/(Rupees One
Lakh Fifteen Thousand only) with simple interest @ 18% p.a. on the
principal amount of Rs.1,00,000/ from the date of the suit till
realization of amount.
2. According to the plaintiff, he is the money lender. The defendant,
who is in the service of MTNL, by obtaining loan of Rs.1,00,000/ from
the plaintiff, executed promissory note dated 22/04/2018 for
Rs.1,00,000/ in faour of the plaintiff. The defendant promised to pay
the said amount of Rs.1,00,000/ with interest @ Rs.18% p.a. on
demand. However, inspite of demand, the defendant failed to pay the
said amount. The promissory note was dishonoured by the defendant.
Therefore, the plaintiff vide notice dated 17/01/2019 called upon the
defendant to pay the said amount. However, the defendant failed to pay
the same. As on the date of the filing of the suit, the amount due and
payable by the defendant is Rs.1,15,000/ in total calculating the
interest @18% p.a. Therefore, the plaintiff claimed decree for recovery
of the same amount with interest @ 18% p.a..
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded exparte against him.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
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SUMMARY SUIT NO.360/2019 3
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of Rs.1,15,000/ as
prayed?
Yes
2. Whether the plaintiff is entitled
to the interest @ 18% p.a.?
Yes
3. What order and decree? As per final order
REASONS
AS TO POINTS NO.1 to 3
5. The plaintiff filed evidence affidavit at Exh.7 and also produced
documents with list at Exh.8.
6. The testimony of the plaintiff speaks that the defendant executed
promissory note dated 22/04/2018 for Rs.1,00,000/ in his favour.
However, the defendant failed to honour the demand promissory note.
The documents produced on behalf of the plaintiff that is the demand
promissory note dated 22/04/2018 shows that the defendant issued the
same in favour of the plaintiff for the sum of Rs.1,00,000/. The same
also shows that he agreed to pay interest @18% p.a. Copy of money
lending licence is also produced on behalf of the plaintiff showing that
the plaintiff has been licenced to carry the business of money lending.
Thus, the documents also support the contentions of the plaintiff.
Having regard to all these circumstances, it is proved that the defendant
obtaining loan of Rs.1,00,000/ executed the demand promissory note
dated 22/04/2018 for Rs.1,00,000/ in favour of the plaintiff. He also
agreed to pay the interest @ 18% p.a.. As such, the plaintiff is entitled
to recover the amount as claimed with interest @ 18% p.a.. Hence,
points No.1 and 2 are answered in the affirmative and in answer to
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SUMMARY SUIT NO.360/2019 4
point No.3 order is passed as follows.
ORDER
1. The Suit is exparte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.1,15,000/
(Rupees One Lakh Fifteen Thousand only) with interest @ 18% p.a. on
the principal sum of Rs.1,00,000/ from the date of suit till realization
of amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 18/11/2019 City Civil Court,Gr. Mumbai
Dictated on : 18/11/2019
Transcribed on : 18/11/2019
Signed on : 20/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/11/2019 at 10.40a.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 18/11/2019
Judgment/Order signed by P.O. on 20/11/2019
Judgment/Order uploaded on 28/11/2019
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