Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 394/2018 1
Registered on : 02.04.2018
Decided on : 30.01.2019
Duration : 00 09 28
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.394 OF 2018
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 400070. .....Plaintiff
V/s.
Prakash Ratanu Jadhav
age not known of Mumbai an adult Indian
Inhabitant working at B.M.C. Conservancy
Dept., “L”Ward, S.G.Barve Road, Kurla West,
Mumbai 400070,
Employee No.4042970, Paysheet No.6026
and residing at Panchsheel Nagar, Pipeline Vasahat,
Near Pratiksha Nagar, Sion Koliwada, Mumbai400022.
....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :30/01/2019.
Advocate Mr.Ramesh Jain for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.1,80,920/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.1,50,000/ from the date of filing of the suit till
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Sum.Suit No. 394/2018 2
its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that she is doing the moneylending
business and on 20/5/2016 the defendant after taking the cash amount
of Rs.1,50,000/ executed a promissory note in her favour for
Rs.1,50,000/ and the defendant promised to pay interest on the said
amount at the rate of 18% p.a. on demand. It is contended that the
plaintiff from time to time demanded the said amount and interest
accrued thereon but the defendant failed and neglected to pay the said
amount. On 13/4/2017 the plaintiff issued the notice to the defendant
through her advocate but the defendant failed to comply the same.
Consequently, the plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5. Defendant inspite of service of writ of summons did not
appear in the suit. Plaintiff has filed non appearance certificate at
Exhibit 6.
4. Plaintiff has filed affidavit of evidence of PW 1 Ms.Jyoti Wagh
in support of suit claim at Exhibit 7, in which she has reiterated the
contents of plaint, elaborately. So also, she has filed the List of
documents at Exhibit 8. She has filed the documents like original
Promissory Note dated 20/5/2016, Copy of Notice issued by the
advocate for plaintiff to the defendant, Moneylenders license etc.
5. 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
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Sum.Suit No. 394/2018 3
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.394/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.1,80,920/
(Rupees One Lac Eighty thousand Nine hundred and Twenty) with
simple interest on the principal amount of Rs.1,50,000/, at the rate of
9% 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 shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 30/01/2019 City Civil Court, Gr. Bombay
Dictated on : 30/01/2019
Transcribed on : 30/01/2019
Signed on : 04/02/2019
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Sum.Suit No. 394/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
4/2/19 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
30/1/19
Judgment/order signed by P.O on 4/2/19
Judgment/order uploaded on 4/2/19
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