Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.889/2018
Received on : 03.02.2018
Registered on : 28.08.2018
Decided on : 01.04.2019
Duration : Y M D
01 02 01
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 889 OF 2018
CNR NO.: MHCC010018912018
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., Concervancy 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 : 1st APRIL, 2019.
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[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that on 11th June 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. But 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 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.4,72,197.26ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed the present suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
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Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.4,72,197.26ps from
defendant along with 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 has filed evidence of herself in the form of affidavit
below Exh.7. Plaintiff relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 11th July 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 that on 11th July 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. Plaintiff
has further stated that by the said Demand Promissory Note the
defendant promised to pay to her that 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
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the said amount of Rs.4,00,000/ and interest accrued thereon @ 18%
per annum. But 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 she
forwarded a Demand Notice through her Advocates to the defendant.
The said Demand Notice was duly served upon the defendant. Plaintiff
has further stated that defendant have 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.4,72,197.26ps. 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 original Promissory Note, Plaintiff's
Advocate letter alongwith the postal records, Money Lender Licence,
Forms under Bombay Money Lending Act and copy of 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.
Due to all these circumstances, plaintiff has proved that she is entitled
to get sum of Rs.4,72,197.26 ps. 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 amount of Rs.4,72,197.26 ps. to
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plaintiff along with interest @ 9% p.a. on the on the same amount of
Rs. 4,00,000/ 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: 01.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 01.04.2019
Transcribed on : 01.04.2019
Signed on : 01.04.2019
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:6: Summary Suit No.889/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24.04.2019 At 4:25 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
01.04.2019
Judgment/Order signed by P.O. on 01.04.2019
Judgment/Order uploaded on 24.04.2019
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