Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.397/2018
Received on : 09.02.2018
Registered on : 02.04.2018
Decided on : 01.04.2019
Duration : Y M D
01 01 21
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 397 OF 2018
CNR NO.: MHCC010021152018
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
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 – 400 070.
Employee No.4042970. Paysheet No.6026.
And residing at Panchsheel Nagar, Pipeline Vasahat,
Near Pratiksha Nagar, Sion Koliwada, Mumbai – 400 022. ...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 02nd August 2016 the defendant
executed a Demand Promissory Note in her favour for valuable
consideration being a sum of Rs.1,50,000/ 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.1,50,000/
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.1,50,000/ 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.1,75,446.57 ps. 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.1,75,446.57 ps. from
defendant along with interest @ 18%
p. a. on the principal sum of
Rs.1,50,000/ 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 02nd August 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 for valuable consideration the defendant
executed a Demand Promissory Note in favour of her on 2nd August
2016 for valuable consideration being a sum of Rs.1,50,000/ received
by the defendant from her against and on the basis of execution and
handing over of the said Demand Promissory Note. She has further
stated that the said Demand Promissory Note the defendant promised to
pay to her the said sum of Rs.1,00,000/ alongwith interest thereon @
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18% per annum on Demand. Plaintiff has further stated that she from
time to time demanded from the defendant the said amount of
Rs.1,50,000/ 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 she repeatedly called upon the defendant to pay the
amount of Rs.1,50,000/ with interest due. But the defendant failed and
neglected to pay the same and any part thereof. Plaintiff has further
stated that on 12th April 2017, she forwarded a Demand Notice through
her Advocate to the defendant. The said Demand Notice was duly
served upon the defendant. The 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 has filed
the present suit for Rs.1,75,446.57 ps. and further interest on
Rs.1,50,000/ 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, 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.1,75,446.57 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.1,50,000/ from the date of filing of the suit till its
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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. 1,75,446.57 ps. to
plaintiff along with interest @ 9% p.a. on the principal sum of
Rs.1,50,000/ 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.397/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.04.2019 At 5:39 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 20.04.2019
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