Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.410/2018 1
Registered on : 02.04.2018
Decided on : 02.03.2019
Duration : 00 11 00
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.410 OF 2018
Mr.Subhash Yelappa Kutade
of Mumbai an adult Indian ,
Inhabitant aged about 34 years,
Occupation Money Lender,
having his office and residence
address at Room No.14, Navjivan Seva Society,
Shivneri Nagar, Shingrewadi, Bailbazar,
Kurla West, Mumbai – 400070. .....Plaintiff
V/s.
Mr.Yogesh Dattaram Adwade
of Mumbai an adult Indian
Inhabitant, age not known
Occupation Service, having
his office address at
Employee No.00210015322
ICard No.01100334
Vashi Railway Ticket Counter,
Vashi West, Navi Mumbai and also
having his Residence address at
Railway Colony MS/RB/II,
Building No.7, Room No.11,
Central Railway Colony,
Sector No.22, Juhi Nagar
Navi Mumbai – 400005. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :02/03/2019.
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Sum.Suit No.410/2018 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.5,67,500/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.5,00,000/ 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 services of Railway at
Vashi Railway Ticket Counter, Vashi West, Navi Mumbai. The defendant
after receiving an amount of Rs.5,00,000/ from plaintiff on 20/5/2017,
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 5 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 8, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 9. He
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Sum.Suit No.410/2018 3
has filed the original Demand Promissory Note dated 20/5/2017, Copy
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.410/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.5,67,500/
(Rupees Five Lacs Sixty Seven thousand Five hundred) with interest on
the principal amount of Rs.5,00,000/, 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.410/2018 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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