Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.948/2018
Received on : 03.02.2018
Registered on : 05.09.2018
Decided on : 04.05.2019
Duration : Y M D
01 03 00
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 948 OF 2018
CNR NO.: MHCC010018852018
JYOTI DATTA WAGH
Age 29 years,
of Mumbai an adult Indian inhabitant
having her address at 1/11, Ram Niwas Chawl
Sunder Baug, Kurla (West), Mumbai – 400 070. ...Plaintiff
Versus
GIRIDHAR UGA RATHOD
Age not known
of Mumbai an adult Indian inhabitant
working for gain with B.M.C, Conservancy Dept.,
“L” Ward S.G. Barve Road Kurla, West,
Mumbai – 400 070., Employee No.3636527.
Paysheet No.A6029. And residing at Plot No.2, Vadvali,
Gav Acharya Wadi, Chembur, Mumbai – 400 074. ...Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
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[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 18th May 2016, the defendant
executed a Demand Promissory Note in her favour for valuable
consideration being a sum of Rs.4,00,000/ received by the defendant
from her against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said Demand Promissory Note the
Defendant promised to pay to her the said sum of Rs.4,00,000/
alongwith interest thereon @ 18% per annum on demand. Plaintiff has
further stated that she from time to time demanded from the defendant
the said amount of Rs.4,00,000/ and interest accrued thereon @ 18%
per annum. The defendant, however, failed and neglected to pay the
said sum and any part thereof and kept her on false and baseless
promises. Plaintiff has further stated that after waiting sufficient time,
she forwarded her Advocate's letter dated 12th April 2017 2018,
recording the above facts and instructed the Defendant to comply with
the requisitions mentioned in the said letter, within a period of 48 hours
from receipt thereof. Plaintiff has further stated that in the premises
aforesaid, there is now due and payable by the defendant to her a sum
of Rs.4,82,849.31ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
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followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.4,82,849.31ps. from
defendant alongwith interest @ 18%
p. a. on the principal sum of
Rs.4,00,000/ 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.9 Promissory Note dated 18th May 2016
2. Exh.10 Plaintiff's Advocates' letter dated 12th April 2017
alongwith the postal records in connection with the
transmission and delivery thereof.
3. Exh.11 Money Lender Licence.
4. Exh.12 Forms under Bombay Money Lending Act.
5. Exh.13 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of herself in the form of affidavit
below Exh.7 and stated in her evidence that on 18th May 2016, the
defendant executed a Demand Promissory Note of Rs.4,00,000/ in her
favour for valuable consideration sum of Rs.4,00,000/ received by the
defendant. By the said Demand Promissory Note the Defendant
promised to pay to her the said sum of Rs.4,00,000/ alongwith interest
thereon @ 18% per annum on demand. Plaintiff has further stated that
she from time to time demanded from the defendant the said amount of
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Rs.4,00,000/ and interest accrued thereon @ 18% per annum. The
defendant, however, failed and neglected to pay the said sum and any
part thereof and kept her on false and baseless promises. Plaintiff has
further stated that on 12th April 2017 2018, she forwarded a Demand
Notice through her Advocates to the defendant. The said demand Notice
was duly served upon the defendant. The defendant has not disputed
the contents of the said Notice and not forwarded any reply thereto.
Plaintiff has further stated that in the above circumstances she filed the
present suit for Rs.4,82,849.31ps. and further interest on Rs.4,00,000/
at the rate of 18% per annum from filing of suit till payment and costs.
7. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, Money Lender Licence, Forms under Bombay
Money Lending Act and Books of Accounts 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. Therefore, plaintiff has proved that she
is entitled to get sum of Rs.4,82,849.31ps. from defendant.
8. 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.4,00,000/ 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.4,82,849.31ps. to plaintiff
along with interest @ 9% p.a. on the principal sum of
Rs.4,00,000/ from the date of filing of the suit till its realisation.
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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.”
04.06.2019 At 05:50 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 04.06.2019
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