Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 28.03.2018
Registered on 17.04.2018
Decided on 12.12.2018
Duration Yrs. M. Days
07 25
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.506 OF 2018
DEEPAK SHANKAR PAWAR, Age 38 years,
of Mumbai an adult Indian Inhabitant
having his address at 21, Block No.1, Jai
Shankar Chowk, Halao Pul Road, Opp.
Rolex Hotel, Kurla (West), Mumbai400
070. ...Plaintiff.
V/s.
BABU KISAN JADHAV, Age Not known
of Mumbai, an adult Indian Inhabitant,
working for gain with B.M.C. “L” Ward,
S.G.B, Marg, Kurla, Mumbai400 070. And
residing at Kalina Kunchi Kurve Nagar, Galli
No.7, Santacruz East, Mumbai400 098. ...Defendant.
Appearances:
Ld. Adv Mr.Ramesh Jain for plaintiff.
None for defendant. Hence, suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th December,2018
MHCC01-004209-2018
-- 1 of 5 --
.. j/2 .. Summary Suit No.506/2018
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.3,11,687.67 with interest.
2. In short, plaintiff came with a case that, plaintiff is doing business
of money lending at the address mentioned in title clause. Defendant is
working for gain and residing at the address mentioned in title clause.
3. Plaintiff submitted that, on 27.12.2017 defendant for valuable
consideration of Rs.3,00,000/ executed a demand promissory note in
favour of plaintiff. By the said demand promissory note defendant
promised to pay Rs.3,00,000/ to plaintiff along with interest @ 18%
per annum on demand. Plaintiff time to time demanded said amount
from defendant with interest. But defendant failed and neglected to
pay the said amount or part thereof. Therefore, plaintiff issued letter to
defendant through Advocate on 15.02.2018 and requested to pay the
amount. Defendant failed and neglected to comply the above demand
notice. Therefore, plaintiff has come before this Court by way of
present suit for recovery of amount.
4. Writ of summons of this suit served upon defendant. Affidavit of
service is filed at Exh.5. In spite of service defendant has not appeared
nor contested the suit. Hence, suit proceeded exparte against
defendant.
5. In support of his claim plaintiff filed evidence affidavit at Exh.7
along with list of documents at Exh.8 viz. promissory note
dt.27.12.2017 at Exh.9, demand notice dt.15.02.2018 at Exh.10, money
-- 2 of 5 --
.. j/3 .. Summary Suit No.506/2018
lender license at Exh.11, Forms under Bombay Money Lending Act at
Exh.12 and books of accounts at Exh.13.
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. On perusal of documents on record it is evident that defendant
has borrowed the amount from plaintiff and executed demand
promissory note in favour of plaintiff and promised to pay the sum on
demand. But defendant has not paid the sum as demanded by plaintiff.
Defendant or his Advocate, has not appeared to contest the suit.
Therefore, documents submitted by plaintiff remain uncontroverted and
unchallenged. Hence, claim put forth by plaintiff and his testimony
remain unchallenged and unrebutted. Therefore, suit filed by plaintiff
for recovery under O.XXXVII R.2 of C.P.C. needs to be accepted.
Defendant neither present nor rebutted the claim of plaintiff. Which
clearly establishes the claim of plaintiff and therefore, plaintiff is
entitled to recover amount which borrowed by defendant along with
interest @ 18% per annum. In spite of repeated demand and
opportunity defendant has not paid the amount. Therefore, costs of this
suit needs to be saddled on defendant.
8. The suit remains unchallenged and undefended. Therefore,
under partIII, R(E), schedule I of Bombay City Civil & Sessions Court
Rule, 1948 plaintiff becomes entitled for refund of 2/3rd court fee
voucher, if prayed. In the result, suit deserves to be decreed with costs.
Hence, I proceed to pass the following order :
-- 3 of 5 --
.. j/4 .. Summary Suit No.506/2018
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.3,11,687.67/ along with interest
@ 18 percent per annum on principal amount of
Rs.3,00,000/ to plaintiff from the date of filing of this
suit till realization of entire decreetal amount.
3. Defendant do bear his own costs with costs of plaintiff.
4. Decree be drawn up accordingly.
5. The 2/3rd Court fee refund voucher, as per rule, be
issued in favour of plaintiff, if prayed.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 12/12/2018 City Civil Court, Gr. Mumbai
Dictated on : 12.12.2018
Transcribed on : 12.12.2018
Signed on : 12.12.2018
kps/
-- 4 of 5 --
.. j/5 .. Summary Suit No.506/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.12.2018 at 12.47 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 12.12.2018
Judgment/order signed by P.O. on 12.12.2018
Judgment/order uploaded on 13.12.2018
-- 5 of 5 --