Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.486/2018
Received on : 04.04.2018
Registered on : 16.04.2018
Decided on : 03.04.2019
Duration : Y M D
01 00 00
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 486 OF 2018
CNR NO.: MHCC010044592018
Shri. Vyankatesh Yallappa Kunchikorve, age 35 years,
Indian Inhabitant, residing and carrying
business at Room No.B/158, M.P. Nagar,
Dorwada Cross, Dharavi, Mumbai – 400 017. ...Plaintiff
V/S
Shri. Chandrakant Bhiku Jadhav, an adult, working for gain
At Municipal Mahatma Jyotiba Phule Market,
Crowfort Market, Mumbai – 400 001. And residing at
Room No.304, Deerej Palace, V Wing, Gala Nagar,
Nalasopara (E).
Emp Code : 03306125, Pay Sheet No.1904 ...Defendant
Appearances:
Advocate Mr. Balbhim S. Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd APRIL, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that he lent and advanced to the defendant
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the sum of Rs.1,50,000/ on 20 th May, 2017 in cash with interest at the
rate of 18% p.a. for which the defendant had executed Demand
Promissory Note in his favour. Plaintiff has further stated that he on
several occasion orally demanded from defendant the repayment of the
said amount of Rs.1,50,000/ but the defendant failed and neglected to
pay the same, hence he by his Advocate's Notice dated 6th December,
2017 finally called upon the defendant to pay the said sum of
Rs.1,50,000/ with up to date interest but defendant failed and
neglected either to pay the said sum or to repay the said demand.
Plaintiff has further stated that there is now due and payable by the
defendant to him a sum of Rs.1,74,750/ as per particulars of claim.
Therefore, plaintiff filed the present suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
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.1,74,750/ from
defendant along with interest @ 18%
p. a. on the principal sum of
Rs.1,50,000/ 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 his evidence in the form of affidavit below
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Exh.7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Original dishonoured Demand Promissory Note
for Rs.1,50,000/ dated 20 th May, 2017
2. Exh.10 Form No.8 dated 20th May, 2017
3. Exh.11 Office copy of demand notice dated 06.12.2017
along with original Postal receipts and one return
packets.
4. Exh.12 Money Lending License of the plaintiff pertaining
to loan period.
5. Exh.13 Cash Book
6. Exh.14 Ledger Book
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed his evidence in the form of affidavit below
Exh.7 and stated that the defendant approached him on 20.05.2017 for
a loan of Rs.1,50,000/ on interest at the rate 18% per annum which he
had advanced in cash the said amount of Rs.1,50,000/ on the same day
on execution of on demand promissory note dated 20.05.2017 by the
defendant. He has further stated that said defendant has also signed on
demand promissory note dated 20.05.2017 in his presence and
delivered to him and also on 20.05.2017 the defendant signed on Form
No.08 under the Bombay Money Lenders Act, acknowledging that he
has received an amount of Rs.1,50,000/ in cash by way of loan with
interest at the rate 18% per annum in his presence. He has further
stated that the said promissory note dated 20.05.2017 and Form No.08
bears signature of the defendant i.e. and said defendant has signed on
the above said original promissory note and on original Form No.08 in
his presence. Plaintiff has further stated that he had demanded loan
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amounts and accrued interest repeatedly from the defendant. The
defendant failed to pay even accrued interest amount apart from the
loan amount therefore, he had given instructions to his Advocate to
issue loan demand notice along with accrued interest therefore, his
Advocate sent demand Notice on 06.12.2017 but the defendant has not
paid loan amount and accrued interest thereof, nor the defendant given
any reply to his above said demand Notice dated 06.12.2017 and said
notice of demand has been prepared by his Advocate in his presence
and also his Advocate has signed in his presence and said notice bears
his Advocates signature. Plaintiff has further stated that he is a money
lender therefore, he is holding Money Lending License.
7. Plaintiff has adduced original dishonoured Promissory Note,
Form No.08, Office copy of demand Notice alongwith original Postal
receipts and one return packets, Money Lending License of the plaintiff,
Cash Book and Ledger Book 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. 1,74,750/ 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.1,50,000/ 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 amount of Rs.1,74,750/ to plaintiff
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along with interest @ 9% p.a. on the principal sum of
Rs.1,50,000/ 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: 03.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.04.2019
Transcribed on : 03.04.2019
Signed on : 03.04.2019
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:6: Summary Suit No.486/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
04.05.2019 At 12:01 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
03.04.2019
Judgment/Order signed by P.O. on 03.04.2019
Judgment/Order uploaded on 04.05.2019
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