Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.401/2018 1
Registered on : 02.04.2018
Decided on : 02.03.2019
Duration : 00 11 28
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.401 OF 2018
Mr.Ashok Saibu Gadge
of Mumbai an adult Indian
Inhabitant aged 36 years,
Occupation carrying on money lending
business in his name at Room no.2,
National Chawl, Gaurishankar Nagar,
Masrani Lane, Kurla West, Mumbai400070. .....Plaintiff
V/s.
Mr.Balu Nivruti Bhandare
of Mankhurd Mumbai an adult Indian
Inhabitant, age not known, Occupation
Service, having his office address at
The Mahanagar Telephone Nigam Limited Mumbai
Wadala Telephone Exchange,
1st floor, G.D.Ambekar Marg,
Wadala West, Mumbai 400014
and also having his residence
address at Room No.120, Sai Mamta Nagar,
LalDongar, Chembur, Mumbai400071. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :02/03/2019.
Advocate Mr.B.S.Patil for the plaintiff
Exparte against defendant.
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Sum.Suit No.401/2018 2
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.4,60,000/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.4,00,000/ 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 carrying on business of
Moneylending. The defendant is engaged in the service of MTNL at
Mahanagar Telephone Nigum Lited, Wadala Telephone Exchange,
Wadala, Mumbai. The defendant after receiving an amount of
Rs.4,00,000/ from plaintiff on 10/4/2017, executed the Promissory
Note and thereby promised to take interest at the rate of 18%p.a. on the
said amount on demand. It is contended that the defendant failed to
pay the said amount alongwith accrued interest inspite of demands and
reminders. Therefore, the plaintiff sent a notice of demand on
20/2/2018 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 6 alongwith nonappearance Certificate. The Defendant inspite
of service of writ of summons did not appear in the suit. Therefore, the
suit is proceeded exparte against him.
4. Plaintiff has filed his affidavit of evidence in support of suit
claim at Exhibit 7, in which he has reiterated the contents of the plaint,
elaborately. So also, he has filed the List of documents at Exhibit 8. He
has filed the Original Demand Promissory Note dated 10/4/2017, Copy
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Sum.Suit No.401/2018 3
of Notice dated 20/2/2018, postal receipt and photocopy of
moneylending 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.401/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.4,60,000/
(Rupees Four Lacs Sixty thousand) with simple interest on the principal
amount of Rs.4,00,000/, 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.
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 02/03/2019 City Civil Court, Gr. Bombay
Date of Dictation : 02/03/19.
Date of Transcription : 02/03/19.
Date of signature : 06/03/19
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Sum.Suit No.401/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
8/3/19 5.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
2/3/19
Judgment/order signed by P.O on 8/3/19
Judgment/order uploaded on 8/3/19
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