Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 450/2018 1
Registered on : 07.04.2018
Decided on : 30.01.2019
Duration : 00 07 23
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.450 OF 2018
Mr.Ritesh Narsingh Kharatmol
of Mumbai an adult Indian,
Inhabitant aged about 32 years,
Occupation Money Lender, having
his office and residence address
at L.G./96/05/10, Indra Nagar,
Sundar Baug, Behind Hanuman Mandir,
Kamani Kurla, Mumbai400070.
(Mobile NO.9768824088/9221805028) .....Plaintiff
V/s.
Mr.Dinesh Pandurang Pawar
Of Mumbai an adult Indian Inhabitant
Aged about 40 years, Occupation:Service
Having his residence address at
A/113, Mahapalika Vasahat, Mataramabai
Ambedkar Mandal, G.P.O.Mandal,
G.P.P. Mumbai – 400001 (Maharashtra) and
als having His Office address at
Brihanmumbai Mahanagarpalika Khatte Ghanna
Kachhara Vyvashthappan,
Designation:Raza Rakhiv Hangami
Kamgaar, Karmachari Sanketank – 4115401,
Pagar Patrak Kramank6026
LWard, S.G.Barve Marg,
Kurla West, Mumbai400070. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :30/01/2019.
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Sum.Suit No. 450/2018 2
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.4,35,000/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.3,00,000/ from the date of filing of the suit till
its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that he is doing the moneylending
business and on 20/6/2015 the defendant after taking the cash amount
of Rs.3,00,000/ executed a promissory note in his favour for
Rs.3,00,000/ and the defendant promised to pay interest on the said
amount at the rate of 18% p.a. on demand. It is contended that the
plaintiff from time to time demanded the said amount and interest
accrued thereon but the defendant failed and neglected to pay the said
amount. On 12/6/2017 the plaintiff issued the notice to the defendant
through his advocate but the defendant failed to comply the same.
Consequently, the plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5. Defendant inspite of service of writ of summons did not
appear in the suit. Plaintiff has filed non appearance certificate at
Exhibit 6.
4. Plaintiff has filed his affidavit of evidence in support of suit
claim at Exhibit 7, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 8. He
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Sum.Suit No. 450/2018 3
has filed the documents like original Promissory Note dated 20/6/2015,
Copy of Notice issued by the advocate for plaintiff to the defendant
dated 12/6/2017, Copy of Moneylenders license etc.
5. As the defendant has failed to put his appearance and contest
the suit therefore, in these circumstances in view of the provisions of
subrule2 of Rule3 of Order XXXVII of C.P.Code, the averments made
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.450/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.4,35,000/
(Rupees Four Lac Thirty Five thousand) with simple interest on the
principal amount of Rs.3,00,000/, at the rate of 9% p.a. from the date
of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
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Sum.Suit No. 450/2018 4
4 Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 30/01/2019 City Civil Court, Gr. Bombay
Dictated on : 30/01/2019
Transcribed on : 30/01/2019
Signed on : 04/02/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
4/2/19 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
30/1/19
Judgment/order signed by P.O on 4/2/19
Judgment/order uploaded on 4/2/19
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