Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.399/2018 1
Registered on : 02.04.2018
Decided on : 30.01.2019
Duration : 00 09 28
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.399 OF 2018
Sunkappa Gurappa Jadhav Age 32 yrs.
Of Mumbai, an adult, Indian
inhabitant, having his address at
Lal Patra Chawl No.251, Room NO.10
Cross Road, Dharavi Mumbai 400017. .....Plaintiff
V/s.
Haresh Rupchand Garasia age not known
of Mumbai an adult Indian Inhabitant
working for gain with Western Railway,
Head Office, Old Building, 1st Floor, Churchgate,
Mumbai 400020, Depat Operating Desi : Head Clerk
Emp No.12193525 Bill Unit No.00502 and residing at
303, 3rd Floor, Mistry Mahal CHS Ltd., T.P.S.Road No.5
Patel Wadi Vile Parle (East), Mumbai 400057. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :30/01/2019.
Advocate Mr.Ramesh Jain for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.32,090/ alongwith further interest at the rate of 18% p.a. on the
principal sum of Rs.30,000/ from the date of filing of the suit till its
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Sum.Suit No.399/2018 2
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 20/8/2017 the defendant after taking the cash amount
of Rs.30,000/ executed a promissory note in his favour for Rs.30,000/
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 15/1/2018
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 affidavit of evidence of PW 1 Sunkappa
Jadhav 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 has filed the documents like original
Promissory Note dated 20/8/2017, Copy of Notice issued by the
advocate for plaintiff to the defendant dated 15/1/2018, 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
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Sum.Suit No.399/2018 3
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.399/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.32,090/
(Rupees Thirty Two thousand and Ninety) with simple interest on the
principal amount of Rs.30,000/, 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 : 30/01/2019 City Civil Court, Gr. Bombay
Dictated on : 30/01/2019
Transcribed on : 30/01/2019
Signed on : 04/02/2019
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Sum.Suit No.399/2018 4
“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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