Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 06.02.2018
Registered on 06.03.2018
Decided on 28.11.2018
Duration Yrs. M. Days
08 22
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.302 OF 2018
Sunita Anand Shinde, aged 45 years,
carrying on business at 307, V.O.c. Tower,
C wing, Opp. Kamraj School, 90 Feet Road,
Dharavi, Mumbai400 017 ...Plaintiff.
V/s.
Jayesh Santosh Jadhav, adult, working for
gain with B.M.C. Office, H/W Ward, Dept.
Asst. Assessor Collector, E.C.No.4382551,
P.C.No.3543, St.Martins Road, Bandra (W),
Mumbai400 050 and residing at Room
No.4, 1st Carter Road, Near Municipal
Pumping House, Bandra (W), Mumbai400
050. ...Defendant.
Appearances:
Ld. Adv Mr.Balbhim Patil for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 28th November,2018
MHCC01-001962-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.5,03,364/ with interest.
2. In short, plaintiff came with a case that, plaintiff at Bombay lent
and advanced to the defendant the sum of Rs.4,00,000/ on 10.08.2016
in cash with interest at the rate of 18% per annum for which the
defendant has executed demand promissory note in favour of the
plaintiff. Plaintiff on several occasion orally demanded from the
defendant the repayment of Rs.4,00,000/, but the defendant failed and
neglected to pay the same. Hence the plaintiff issued demand notice
dt.10.07.2017 finally called upon the defendant to pay the same with
up to date interest, but the defendant failed and neglected to pay the
said sum or to reply the said demand. The defendant is now due and
payable of Rs.4,00,000/, hence plaintiff has become entitled to the suit
claim against the defendant with interest at the rate of 18% per annum
from the date of promissory note. Therefore, plaintiff filed this suit for
recovery with interest.
3. Writ of summons of this suit issued to defendant. Plaintiff filed
affidavit of service at Exh.5. In spite of service defendant has not
appeared. Hence, suit proceeded exparte against defendant.
4. In support of his claim plaintiff filed affidavit of claim at Exh.7
and filed compilation of documents at Exh.8 and proved demand
promissory note dt.10.08.2016 (Exh.9), demand notice dt.10.07.2017
(Exh.10), photo copy of money lending license (Exh.11), photo copy of
Form No.8 (Exh.12), photo copy of cash entry (Exh.13 ), photo copy of
ledger entry (Exh.14).
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5. Heard learned Advocate for plaintiff. Perused record and
proceedings.
6. No doubt plaintiff has proved the execution of the promissory
note by the defendant therefore, it is proved that, there was transaction
between the plaintiff and defendant. Defendant had executed
promissory note and even after issuing demand notice defendant had
not paid the amount. Therefore, plaintiff forced to file this suit.
7. After service of writ of summons defendant not appeared to
contest the suit. Therefore, documents submitted by plaintiff remain
uncontroverted and unchallenged. Hence, claim put forth by plaintiff
and his testimony remain unchallenged and unrebutted. Therefore, suit
filed by plaintiff for recovery under O.XXXVII R.2 of C.P.C. deems to be
accepted. Defendant neither present nor rebutted the claim of plaintiff,
which clearly establishes the claim of plaintiff and therefore, plaintiff is
entitled to recover balance amount with interest @ ...% per annum, as
prayed.
8. In spite of repeated requests and demand defendant has not paid
the amount and withheld the amount without having any probable
explanation and therefore, plaintiff is entitled to recover interest @ ...
% per annum from defendant till entire decreetal amount is recovered.
In spite of repeated demand and opportunity defendant has not paid
the amount. Therefore, costs of this suit needs to be saddled upon
defendant.
9. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
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Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.5,03,364/ along with interest
@ 18 % per annum on outstanding amount
Rs.4,00,000/ to plaintiff from the date of filing of this
suit till realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 28/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 28.11.2018
Transcribed on : 28.11.2018
Signed on : 28.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.11.2018 at 11.05 a.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 28.11.2018
Judgment/order signed by P.O. on 28.11.2018
Judgment/order uploaded on 29.11.2018
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