Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 14.02.2018
Registered on 16.03.2018
Decided on 12.11.2018
Duration Yrs. M. Days
07 27
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.336 OF 2018
Shri MARUTI SHANKAR VAIRAL
of Mumbai, Indian Inhabitant, Hindu, Aged
about 65 years,
Occp : Retired,
having his address at Room No.10,
Tulshiwadi Chawl, Chawl No.115/K,
Gunpowder Road, Mazgaon, Mumbai
400010. ...Plaintiff
V/s.
Shri RAJARAM JANU YADAV,
of Mumbai, Indian Inhabitant, a Hindu,
adult, Occp : Service, working at 1st floor, 'C'
Wing, Correspondence Department, Old
Building, Sales Tax Office, Mazgaon,
Mumbai40010, and residing at 001, Ambar
Watika, Opp : H.P. Petrrol Pump, Katrap,
Badlapur (E), Dist.Thane (M.S.). ...Defendant
Appearances:
Ld. Adv Ms.Pushpa H. Goswami for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th November,2018
MHCC01-002341-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.44,500/ with interest.
2. In short, plaintiff came with a case that, plaintiff is a licensed
money lender and carrying on business of finance and money lending at
the address mentioned in the title clause. Defendant is working at the
place address mentioned in the title clause.
3. Plaintiff submitted that, defendant has taken loan twice from
plaintiff of Rs.20,000/ each, total amounting to Rs.40,000/ and
executed Promissory Note dt.16.05.2017 and 12.06.2017 interalia
promised to return the same amount within three months with interest
@ 18% per annum. However, in spite of personal and telephonic
reminders defendant failed and neglected to pay the advanced loan
amount of Rs.40,000/ with interest. Therefore, plaintiff issued notice
through Advocate and called upon defendant to pay the loan amount
with interest. However, defendant neither replied the said notice nor
paid the amount. Therefore, plaintiff has come before this Court by
way of present suit for recovery of amount.
4. Writ of summons of this suit served upon defendant. Affidavit of
service is filed at Exh.5. In spite of service defendant has not appeared
nor contested the suit. Hence, suit proceeded exparte against
defendant.
5. In support of his claim plaintiff filed evidence on affidavit at
Exh.6 and list of documents at Exh.7 and proved the documents viz
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photo copy of money lending licence issued to the plaintiff (Exh.8),
original two promissory note dt.16.05.2017 and 12.06.2017 (Exh.9),
copy of original Form No.8 (Exh.10), office copy of plaintiffs advocates
demand notice dt.17.01.2018 (Exh.11), returned envelope, postal
receipt and acknowledgement due (Exh.12).
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is clear from record that defendant has borrowed the amount
from plaintiff and executed demand promissory note in favour of
plaintiff and promised to pay the sum on demand. But defendant has
not paid the sum as demanded by plaintiff. Defendant or his Advocate,
has 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. needs 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 amount which
borrowed by defendant along with interest @ 18% per annum. In spite
of repeated demand and opportunity defendant has not paid the
amount. Therefore, costs of this suit needs to be saddled on defendant.
8. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed.
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9. 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.44,500/ along with interest
@ 18 percent per annum on principal amount of
Rs.40,000/ 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.:12/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 12.11.2018
Transcribed on : 14.11.2018
Signed on : 14.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.11.2018 at 4.40 p.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 12.11.2018
Judgment/order signed by P.O. on 14.11.2018
Judgment/order uploaded on 14.11.2018
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