Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.443/2019
Received on : 11.03.2019
Registered on : 22.03.2019
Decided on : 29.06.2019
Duration : Y M D
00 03 20
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 443 OF 2019
CNR NO.: MHCC010028272019
Yalappa Soma Jadhav, age 45 years, carrying
on business at Yalappa Chawl, Room No.666,
Makadwala Compound, Halav Pul Road, Kurla
(W), Mumbai 400 070 ...Plaintiff
Versus
Ashok Ambaji More, adult, working for gain with
B.M.C. Office, K/E Ward, Dept. CONSY; E.C.
No.3507005, P.C.No.5519, Gundavali, Aazad
Road, Andheri (E), Mumbai 400069 and residing
at SAI DHARA, Room No.202, WingA, Raj
Nagar, Nalasopara (E), Dist. Thane 401 209 ...Defendant.
Appearances:
Advocate Mr. Rajesh M. Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th JUNE, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that he lent and advanced to the defendant
the sum of Rs.2,00,000/ on 25th April 2017 in cash with interest at the
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rate of 18% p.a. for which the defendant had executed Demand
Promissory Note in his favour. Plaintiff has further stated that he on
several occasion orally demanded from defendant the repayment of the
said amount of Rs.2,00,000/ but the defendant failed and neglected to
pay the same. Hence, plaintiff by his Advocate's notice dated 4th
January 2019, finally called upon the defendant to pay the said sum of
Rs.2,00,000/ with up to date interest but defendant failed and
neglected either to pay the said sum or to repay the said demand.
Plaintiff has further stated that there is now due and payable by the
defendant to him a sum of Rs.2,61,841/ as per particulars of Claim.
Therefore, plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below:
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.2,61,841/ from defendant
along with interest @ 18% p. a. on
the sum of Rs.2,00,000/ 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 relied upon the following documents as documentary
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evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Demand Promissory Note of Rs.2,00,000/ dated : 25th
April 2017.
2. Exh.10 Notice of demand dated – 4th January 2019
3. Exh.11 Xerox copy of Money Lending Licence year 20162017
4. Exh.12 Xerox copy of Form No.10
5. Exh.13 Xerox copy of Cash entry
6. Exh.14 Xerox copy of Leger entry.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of himself below Exh.7 in the form of
affidavit and stated that defendant approached him on 25th April 2017,
for a loan of Rs.2,00,000/ on interest at the rate of 18% per annum
which he had advanced in cash, amount of Rs.2,00,000/ on same day
on execution of on Demand Promissory Note by defendant and also
received on same day Form under the Bombay Money Lending Act by
signing on same as received. Plaintiff has further stated that he had
demanded loan amounts and interest repeatedly as defendant failed to
pay even interest amount apart from loan amounts then he issued his
Advocate's demand notice on 4th January 2019, to that till today he had
not received any reply or amount. Plaintiff has further stated that after
filing of the said suit and after duly service of writ of summons by him
upon the defendant till today the defendant has failed to file the
appearance as prescribed in the Code of Civil Procedure, 1908 within
10 days neither in person nor through his Advocate.
7. Plaintiff has produced all the corroborating documents which are
Demand Promissory Note, Notice of demand, Xerox copy of Money
Lending Licence, Xerox copy of Form No.10, Xerox copy of Cash entry
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and Xerox copy of Leger Entry 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. Therefore, plaintiff has proved that he is entitled
to get sum of Rs.2,61,841/ 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.2,00,000/ 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 sum of Rs.2,61,841/ to plaintiff
along with interest @ 9% p.a. on the amount of Rs.2,00,000/
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: 29.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.06.2019
Transcribed on : 29.06.2019
Signed on : 29.06.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16.07.2019 At 2:16 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
29.06.2019
Judgment/Order signed by P.O. on 29.06.2019
Judgment/Order uploaded on 16.07.2019
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