Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO. 565/2019 1
Received on : 30032019
Registered on : 03062019
Decided on : 23012020
Duration : 00Y 09M 25D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 565 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010036582019)
Mr.Mohamed Rasool Agha Mohamed (Aslam)
Age: 52 years, Occupation: carrying on
Money Lending Business, in the name of
Mr. Mohamed Rasool Agha Mohamed(Aslam)
under license No.RBC 1191, and having his
residence and office address at
56Abdviahbhai Karimji Building, 6 th floor,
Janambhumi Marg, Fort Mumbai400 001.
(Mobile No.9869381229) ....Plaintiff
Versus
Mr.Dilip Ramchandra Ambavkar
of Nalasopara East
Age: 47 years, Occupation:Service,
Having his office at SNDT Women's
University Designation: Security Guard,
Churchgate Mumbai400 020, and
Also having his work place address
at Arts and Painting Department,
Kanyashala Girgaum, Mumbai4. ...Defendants
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 23RD JANUARY 2020
-- 1 of 4 --
SUMMARY SUIT NO. 565/2019 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,09,000/
(Rupees One lakh Nine thousand Only) with interest at the rate of 18%
p.a..
2. According to the plaintiff, in consideration of Rs.1,00,000/
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 10.06.2018 in favour of the
plaintiff. By same promissory note the defendant promised to pay
interest at the rate of 18% p.a. on the said sum of Rs.1,00,000/.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand dated 07.01.2019, the defendant
failed to pay the said amount. At the institution of the suit, the amount
due and payable by the defendant was Rs.1,09,000/. Therefore, the
plaintiff claimed decree for recovery of said amount with the interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded exparte against the Defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount with interest
as prayed?
Affirmative
2. What order & decree? As per final order
-- 2 of 4 --
SUMMARY SUIT NO. 565/2019 3
REASONS
AS TO POINTS NO.1 & 2:
5. The plaintiff filed his Chief Examination Affidavit at Exh.7 and
also produced documents with list Exh.8. The Affidavit and the
document as promissory note dtd.10.06.2018 reveal that the defendant
executed said promissory note for Rs.1,00,000/ in favour of the
plaintiff and also promised to pay interest at the rate of 18% p.a.. Copy
of license in Form No.3 shows that the plaintiff is licensed Money
Lender. Despite legal notice dtd.07.01.2019, the defendant failed to pay
the amount to the plaintiff. Thus, the Chief Examination Affidavit,
documents on record and the circumstance that defendant failed to
appear and contest/challenge the suit, proved the case of the plaintiff.
Therefore, the plaintiff is entitled to recovery of the amount with
interest as prayed. Hence, point No.1 is answered in the Affirmative. In
view of Para499 of Civil Manual court fees has to be refunded to the
plaintiff, this being summary suit where the defendant did not appear.
In answer to point No.2 order as follows is passed:
ORDER
1. The suit is exparte decreed with costs as under:
2. The Defendant shall pay to the plaintiff amount of Rs.1,09,000/
(Rupees One lakh Nine thousand Only) with simple interest at the rate
of 18% p.a. on principal amount of Rs.1,00,000/ from the date of suit
till realization of the amount.
-- 3 of 4 --
SUMMARY SUIT NO. 565/2019 4
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 23/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 23/01/2020
Transcribed on : 24/01/2020
Signed on : 24/01/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/01/2020 at 5.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 23/01/2020
Judgment/Order signed by P.O. on 24/01/2020
Judgment/Order uploaded on 30/01/2020
-- 4 of 4 --