Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 424/18 1
Registered on : 04.04.2018
Decided on : 17.11.2018
Duration : 00 07 13
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.424 OF 2018
Sandesh Sakharam Shetye
Aged 39 years, Indian Inhabitant,
Residing at 505, Ewing,
Dabholkar Wadi Sahakari, AWard,
SRA Building, Jerbai Wadia Road,
Parel, Mumbai – 400 012 .....Plaintiff
V/s.
Vishvanath Mahadev Gosavi
Adult, Indian Inhabitant,
residing at B207, Balkrushna Nagar,
Bahadur Shaikh Naka,
Tal: Chiplun, Dist. : Ratnagiri,
Pin – 415 605 ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :17/11/2018.
Advocate Ms.Bhagyalaxmi Racha for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.7,35,045/ alongwith further interest at the rate of 15% p.a. on
the principal sum of Rs.6,00,000/ from the date of filing of the suit till
its realization.
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Sum.Suit No. 424/18 2
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that defendant is his friend and they are
acquitant with each other for a long time in the month of May2016 the
defendant visited to the house of plaintiff and requested him for
financial help as he was in urgent need of money for bungalow
construction. Therefore, the plaintiff paid Rs.6,00,000/ and the
defendant agreed to repay the same at the rate of 15% p.a. within 6
months and when the loan will be sanctioned from the Bank as he
applied for loan. The plaintiff paid Rs.50,000/ on 13/5/2016,
Rs.50,000/ on 16/5/2016 and Rs.5,00,000/ on 10/10/2016 by NEFT
from the Bank of India. After 6 months the plaintiff demanded the said
amount alongwith interest with the defendant. Thereafter, the
defendant issued a cheque dated 31/10/2017 for sum of Rs.6,00,000/
drawn on the State Bank of Hyderabad, Chiplun Branch, in favour of
plaintiff. The plaintiff presented the said cheque for encashment and it
was dishonoured for the reason “Funds Insufficient”. Thereafter, the
plaintiff issued a notice to the defendant on 9/11/2017 and on
12/2/2018 he received the said notices but 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
upon the defendants. It appears that Defendants 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 5, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 6. He
has filed the documents like original Bank Passbook, original cheque
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Sum.Suit No. 424/18 3
dated 31/10/2017, original Bank Memo, copy of notice dated
9/11/2017 alongwith acknowledgement 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.424/18 is decreed with costs.
2. Defendant shall pay an amount of Rs.7,35,045/(Rupees Seven
Lacs Thirty Five thousand and Forty Five) with interest on the principal
amount of Rs.6,00,000/, 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. 424/18 4
4. Decree be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 17/11/2018 City Civil Court, Gr. Bombay
Dictated on : 17/11/2018
Transcribed on : 17/11/2018
Signed on : 26/11/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
26/11/18 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.
17/11/18
Judgment/order signed by P.O on 26/11/18
Judgment/order uploaded on 26/11/18
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