Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 304/2018 1
Registered on : 06.03.2018
Decided on : 08.06.2018
Duration : 00 03 02
Y M D
EXHIBIT9
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 304 OF 2018
Sunita Anand Shinde, age 45 years, carrying
on business at 307,V.O.C.Tower, CWing
Opp.Kamraj School, 90 feet Road, Dharavi,
Mumbai 400017. .....Plaintiff
V/s.
Jagannath Jaysing Avaghade, adult, working for gain
with B.M.C. Office, G/N.Ward, Dept.MHO MED
SAN, E.C.No.3791747, P.C.No.3327, Harishchandra
Yevale Marg, Dadad (W), Mumbai 400028
and residing at 84/2, B.M.C.Colony, Barve Nagar
Smashanbhumi, Ghatkopar (W), Mumbai400084.
....Defendant
CORAM : HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED : 08/06/2018.
Advocate Mr. B.S.Patil for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.5,61,397/ alongwith further interest at the rate of 18% p.a. on
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Sum.Suit No. 304/2018 2
the principle sum of Rs.5,00,000/ from the date of filing of the suit till
its realization.
2. The facts of the case can be briefly stated as follows:
The plaintiff lent and advanced Rs.5,00,000/ to the defendant
on 12/5/2017 in cash with interest at the rate of 18% p.a. ,for which
the defendant executed promissory note in favour of the plaintiff. It is
alleged that the defendant failed to make the repayment of the said
amount even though the plaintiff on several occasions demanded the
amount from the defendant. Ultimately, the plaintiff issued the notice
through his advocate to the defendant but he did not respond to that
notice. Consequently, the plaintiff has filed the present suit.
3 Defendant inspite of service of writ of summons did not appear
in the suit. The plaintiff has filed on record affidavit of service of
summons at Exh.3 and so also he has filed non appearance certificate
alongwith Sheriff report. As the defendant failed to appear in the suit
inspite of service of suit summons, therefore, the suit was proceeded Ex
parte against the defendant.
4. Plaintiff has filed claim affidavit in which he has reiterated the
contents of plaint, elaborately. So also, he has filed the List of
documents at Exhibit 4. He has produced the documents i.e. Demand
promissory note at Exhibit A, Demand notice dated 6/11/2017 at
Exhibit B.
5. As the defendant has failed to put his appearance and contest
the suit, therefore, in these circumstances in view of the provisions sub
rule2 of Rule3 of Order XXXVII of C.P.Code, the averments made by
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Sum.Suit No. 304/2018 3
the plaintiff in the plaint are deem to be admitted. Therefore, the
plaintiff is entitled for the decree as prayed alongwith interest @ 12%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
O R D E R
1. The Summary Suit No.304/18 is decreed with costs.
2. Defendant shall pay an amount of Rs.5,61,397/(Rupees Five
Lacs Sixty One thousand Three hundred and Ninety Seven) with
interest on principle amount of Rs.5,00,000/ at the rate of 12% p.a.
from the date of filing of the suit till its realization.
3. Decree be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 08/06/2018 City Civil Court, Gr. Bombay
Dictated on : 08/06/2018
Transcribed on : 08/06/2018
Signed on : 12/06/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12.06.18 11.00 a.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgement/Order.
08.06.18
Judgement/order signed by P.O on 12.06.18
Judgement/order uploaded on 12.06.18
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