Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.464/2018
Received on : 28.03.2018
Registered on : 12.04.2018
Decided on : 30.03.2019
Duration : Y M D
01 00 04
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 464 OF 2018
CNR NO.: MHCC010042212018
Jaiprakash Arun Gupta
Age 38 Yrs.
of Mumbai, an adult Indian inhabitant,
his residing at Room No. LX93/1/3,
Shankar Chawl, Pipe Line Road,
Near Halao Pul, Kurla, Mumbai 400 070. ….Plaintiff
Versus
John Giddanna Paigeri
Age not known
an adult Indian inhabitant
working for gain with Central Railway
Mumbai Division, Dept : Engineering
Safaiwala EMP NO.00201733667
Thane Station, Thane. And residing
Narayan Sof Factory Chawl, Room No.3,
Takiyaward, Kurla Mumbai – 400 070. ...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 : 30th MARCH, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that on 20th May 2017, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.500,000/ 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.500,000/
alongwith interest thereon @ 18% per annum on Demand at Mumbai.
Plaintiff has further stated that he from time to time demanded from
the defendant the said amount of Rs.500,000/ and interest accrued
thereon @ 18% per annum. But the defendant, however, failed and
neglected to pay the said sum and any part thereof and kept him on
false and baseless promises. Plaintiff has further stated that after
waiting sufficient time, he forwarded his Advocate's letter dated 20th
March 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 of Rs.5,76,191.78ps. in accordance with the
Particulars of Claim. Therefore, plaintiff filed the present suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
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3. Heard the Ld. Advocate for the plaintiff.
4. 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
amount of Rs.5,76,191.78ps. from
defendant along with future interest
@ 18% p. a. on the principal sum of
Rs.500,000/ 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
5. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.7. Plaintiff relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 20th May 2017
2. Exh.10 Plaintiff's Advocates' letter dated 20th March
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:
6. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.7 and stated that on 20th May 2017, the defendant executed
a Demand Promissory Note of Rs.500,000/ in his favour for valuable
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consideration sum of Rs.45,000/ received by the defendant. By the said
Demand Promissory Note the Defendant promised to pay to him that
the said sum of Rs.500,000/ 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.500,000/
and interest accrued thereon @ 18% per annum. But the defendant,
however, failed and neglected to pay the said sum and any part thereof
and kept him on false and baseless promises. Plaintiff has further stated
on 20th March 2018, he forwarded a Demand Notice through his
Advocate 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.5,76,191.78 ps. and
further interest on Rs.500,000/ at the rate of 18% per annum from
filing of suit till payment and costs.
7. Plaintiff has adduced original Promissory Note, Plaintiff's
Advocate letter, Money Lender Licence, Forms under Bombay Money
Lending Act and copy of Books of Accounts on record as documentary
evidence. The oral evidence of plaintiff is corroborated by documentary
evidence. Defendant has failed to challenge all the allegations in the
plaint and evidence of plaintiff. Due to all these circumstances, plaintiff
has proved that he is entitled to get sum of Rs.5,76,191.78 ps. from
defendant.
8. 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.500,000/ from the date of filing of the suit till its
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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 amount of Rs. 5,76,191.78 ps. to
plaintiff along with interest @ 9% p.a. on the principal sum of
Rs.5,00,000/ 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: 30.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.03.2019
Transcribed on : 30.03.2019
Signed on : 30.03.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.04.2019 At 10:40 a.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
30.03.2019
Judgment/Order signed by P.O. on 30.03.2019
Judgment/Order uploaded on 20.04.2019
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