Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.361/2019
Received on : 12.02.2019
Registered on : 01.03.2019
Decided on : 04.05.2019
Duration : Y M D
00 02 21
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 361 OF 2019
CNR NO.: MHCC010016972019
Nitin Gulab Gohil,
Adult Indian Inhabitant
of Bombay, aged 32 years,
carrying on business in
the name and style of
Laxmi Krupa Money Lenders,
a Proprietory Concern as its
Sole Proprietor at Hillview
Bldg, Gala No.29, Paper Mill Bus
Stop, M.G. Road, Vikroli
(West), Mumbai – 400 083. ...Plaintiff
Versus
Vinod Shamjee Makwana, Adult, Indian
Inhabitant of Bombay, working for gain
at A.H.S. Office, SWM Department,
N. Ward, Jawahar Road,
Ghatkopar (East), Mumbai – 400 077.
And at
Kumbhar Pada, 10 Feet Road,
Near Shitala Mata Mandir,
Room No.46, Chawl No.3,
Dharavi Mumbai – 400 017. ...Defendant.
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Appearances:
Advocate Ms. Kavita S. Lalwani for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 22.05.2017, the defendant for
valuable consideration executed a Demand Promissory Note in his
favour in the sum of Rs.1,50,000/. Plaintiff has further stated that he
thereafter on 22.06.2017, presented the said Demand Promissory Note
to the defendant for payment, but the defendant dishonoured the said
Demand Promissory Note by nonpayment and promised to pay the said
sum of Rs.1,50,000/ within a short time. Plaintiff has further stated
that he thereafter on several occasions called upon the defendant to pay
the said sum of Rs.1,50,000/ alongwith interest, but the defendant
under one pretext or the other avoided payment inspite of several
promises. Plaintiff has further stated that he ultimately by his Advocate's
letter dated 17.12.2018 called upon the defendant to pay the said sum
of Rs.1,50,000/ alongwith interest within 48 hours from the receipt of
the said letter. Plaintiff has further stated that the defendant has neither
replied to the said letter nor paid the amount up to this date. Therefore,
plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
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3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below:
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.1,94,250/ from defendant
alongwith interest @ 18% p. a. on
the principal sum of Rs.1,50,000/
from the date of filing of the suit till
its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Demand Promissory Note dated 22.05.2017
Rs.1,50,000/
2. Exh.9 Copy of Plaintiff's Advocate's letter dated 17.12.2018
alongwith Registered A.D. slips and Registered A.D.
acknowledgements.
3. Exh.10 Copy of Form No.10
4. Exh.11 Copy of Ledger Account.
5. Exh.12 Copy of Form No.6 (Rule 16).
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of Gulab Govind Gohil (P.W.1), C.A.
of the plaintiff in the form of affidavit below Exh.6 and he has stated in
his evidence that on 22.06.2017, the defendant for valuable
consideration executed a Demand Promissory Note in favour of the
plaintiff in the sum of Rs.1,50,000/.
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7. Gulab Govind Gohil (P.W.1) has further stated that he thereafter
on 22.06.2017, presented the said Demand Promissory Note dated
22.05.2017 for the sum of Rs.1,50,000/ to the defendant for payment,
but the defendant dishonoured the said Demand Promissory Note by
nonpayment and promised to pay the amount within a short time.
8. Gulab Govind Gohil (P.W.1) has further stated that the plaintiff
thereafter on several occasions called upon the defendant to pay the
said sum of Rs.1,50,000/ alongwith interest at the rate of 18% p.a., but
the defendant under one pretext or the other avoided payment inspite
of several promises.
9. Gulab Govind Gohil (P.W.1) has further stated that the plaintiff
by his Advocate's letter dated 17.12.2018 called upon the defendant to
pay the said sum of Rs.1,50,000/ alongwith interest at the rate of 18%
p.a. within 48 hours from the receipt of the said letter. He has further
stated that the defendant has received the said letter. He has further
stated that the defendant has neither replied to the said letter nor paid
the amount. He has further stated that the Notice dated 17.12.2018 is
dispatched by Registered Post A.D. upon the defendant and said
defendant has received the said notice dated 17.12.2018.
10. Plaintiff has produced all the corroborating documents which are
Demand Promissory Note, Copy of plaintiff's Advocates' letter alongwith
Registered A.D. slips and Registered A.D. acknowledgements, Copy of
Form No.10, Copy of Ledger Account and Copy of Form No.6 (Rule 16)
on record as documentary evidence. The oral evidence of plaintiff is
corroborated by documentary evidence. Defendant has failed to
challenge all the allegations in the plaint and evidence of plaintiff.
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Therefore, plaintiff has proved that he is entitled to get sum of
Rs.1,94,250/ from defendant.
11. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.1,50,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.1,94,250/ to plaintiff
along with interest @ 9% p.a. on the sum of Rs.1,50,000/ from the
date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.06.2019 At 05:35 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 17.06.2019
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