Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.456/2018
Received on : 23.03.2018
Registered on : 06.04.2018
Decided on : 29.06.2019
Duration : Y M D
01 03 08
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 456 OF 2018
CNR NO.: MHCC010040342018
SUNKAPPA GURAPPA JADHAV
Age 45 yrs.
of Mumbai, an adult, Indian,
inhabitant, having his address at
Lal Patra Chawl No.251, Room No.10,
Cross Road, DharaviMumbai400 017. ...Plaintiff
Versus
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,
Mumbai400 020 Depat Operating Desi: Head Clerk
EmpNo.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 – 400 057 ...Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th JUNE, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 10th September 2017, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.30,000/ received by the defendant
from him against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said Demand Promissory Note the
Defendant promised to pay to him the said sum of Rs.30,000/
alongwith interest thereon @ 18% per annum on demand. Plaintiff has
further stated that he from time to time demanded from the defendant
the said amount of Rs.30,000/ and interest accrued thereon @ 18%
per annum. The defendant, however, failed and neglected to pay the
said sum and any part thereof and kept him on false and baseless
promises.
2. Plaintiff has further stated that after waiting sufficient time, he
forwarded his Advocate's letter dated 15th January 2018, recording the
above facts, and instructed the Defendant to comply with the
requisitions mentioned in the said letter, within a period of 48 hours
from receipt thereof. Plaintiff has further stated that in the premises
aforesaid, there is now due and payable by the defendant to him a sum
of Rs.32,825.75ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed this suit.
3. Defendant failed to appear in the suit, therefore, suit has
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proceeded exparte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below:
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.32,825.75ps. from
defendant alongwith interest @ 18%
p. a. on the sum of Rs.30,000/ from
the date of filing of the suit till its
realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 10th September 2017
2. Exh.10 Plaintiff's Advocates' letter dated 15th January 2018
alongwith the postal records in connection with the
transmission and delivery thereof.
3. Exh.11 Money Lender Licence.
4. Exh.12 Forms under Bombay Money Lending Act.
5. Exh.13 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.7 and he has stated in his evidence that for valuable
consideration the defendant executed a Demand Promissory Note in his
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favour on 10th September 2017 for valuable consideration being a sum
of Rs.30,000/ received by the defendant from him against and on the
basis of execution and handing over of the said Demand Promissory
Note. Plaintiff has further stated that the said Demand Promissory Note
the Defendant promised to pay to him the said sum of Rs.30,000/
alongwith interest thereon @ 18% per annum on Demand. Plaintiff has
further stated that he from time to time demanded from the defendant
the said amount of Rs.30,000/ and interest accrued thereon @ 18%
per annum. The defendant, however, failed and neglected to pay the
said sum and any part thereof and kept him on false and baseless
promises.
8. Plaintiff has further stated that he repeatedly called upon the
defendant to pay the amount of Rs.30,000/ with interest due. The
defendant failed and neglected to pay the same and any part thereof.
9. Plaintiff has further stated on 15th January 2018, he forwarded a
Demand Notice through his Advocates to the defendant. The said
Demand Notice was duly served upon the defendant. Plaintiff has
further stated that the defendant has not disputed the contents of the
said Notice and not forwarded any reply thereto. Plaintiff has further
stated that in the above circumstances he filed the present suit for
Rs.32,825.75ps. and further interest on Rs.30,000/ at the rate of 18%
per annum from filing of suit till payment and costs.
10. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, Money Lender Licence, Forms under Bombay
Money Lending Act and Books of Accounts on record as documentary
evidence. The oral evidence of plaintiff is corroborated by documentary
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evidence. Defendant has failed to challenge all the allegations in the
plaint and evidence of plaintiff. Therefore, plaintiff has proved that he is
entitled to get sum of Rs.32,825.75ps. from defendant.
11. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.30,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.32,825.75ps. to plaintiff
along with interest @ 9% p.a. on the amount of Rs.30,000/ from
the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 29.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.06.2019
Transcribed on : 29.06.2019
Signed on : 29.06.2019
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:6: Summary Suit No.456/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.07.2019 At 2:29 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
29.06.2019
Judgment/Order signed by P.O. on 29.06.2019
Judgment/Order uploaded on 22.07.2019
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