Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT No.1031/2018 1
Received on : 03022018
Registered on : 17092018
Decided on : 28012020
Duration : 01Y 11M 24D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1031 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010018842018)
Jyoti Datta Wagh,
Age: 31 years, having her
Address at 1/11, Ram Niwas Chawl
Sunder Baug, Kurla(West),
Mumbai 400 070. ....Plaintiff
Versus
Manabai Arjun Shinde
Age: Adult, working at Senior
Section Engineering, Works I.O.W.
Department, Opp.8th No. Plat Form
Kurla(West), Mumbai400 070. ...Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 28th JANUARY 2020
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.5,97,397.26/
(Rupees Five Lakhs Ninety Seven Thousand Three Hundred Ninety
Seven and Twenty Six paise Only) with interest at the rate of 18% p.a..
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SUMMARY SUIT No.1031/2018 2
2. According to the plaintiff, in consideration of Rs.5,00,000/
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 12.06.2016 in favour of the
plaintiff. By same promissory note the defendant promised to pay
interest at the rate of 18% p.a. on the said sum of Rs.5,00,000/.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand dated 13.04.2017, the defendant
failed to pay the said amount. At the institution of the suit, the amount
due and payable by the defendant was Rs.5,97,397.26/. Therefore, the
plaintiff claimed decree for recovery of said amount with the interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded exparte against the Defendant.
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:
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount with interest as
prayed?
Affirmative
2. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 & 2:
5. The plaintiff filed her Claim Affidavit at Exh.7 and also produced
documents with list Exh.8. The Affidavit and the document as
promissory note dtd.12.06.2016 reveal that the defendant executed said
promissory note for Rs.5,00,000/ in favour of the plaintiff and also
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SUMMARY SUIT No.1031/2018 3
promised to pay interest at the rate of 18% p.a.. Copy of license in Form
No.3 shows that the plaintiff is licensed Money Lender. Despite legal
notice dtd.13.04.2017, the defendant failed to pay the amount to the
plaintiff. Thus, the Claim Affidavit, documents on record and the
circumstance that defendant failed to appear and contest/challenge the
suit, proved the case of the plaintiff. Therefore, the plaintiff is entitled
to recovery of the amount with interest as prayed. Hence, point No.1 is
answered in the Affirmative. In view of Para499 of Civil Manual court
fees has to be refunded to the plaintiff, this being summary suit where
the defendant did not appear. In answer to point No.2 order as follows
is passed:
ORDER
1. The suit is exparte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of
Rs.5,97,397.26/ (Rupees Five Lakh Ninety Seven Thousand Three
Hundred Ninety Seven and Twenty Six paise Only) with simple interest
at the rate of 18% p.a. on principal amount of Rs.5,00,000/ from the
date of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 28/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 28/01/2020
Transcribed on : 29/01/2020
Signed on : 30/01/2020
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SUMMARY SUIT No.1031/2018 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
31/01/2020 at 1.00p.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 28/01/2020
Judgment/Order signed by P.O. on 30/01/2020
Judgment/Order uploaded on 31/01/2020
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