Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1358/2018 1
Received on : 09042018
Registered on : 22112018
Decided on : 06012020
Duration : 01Y 08M 28D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1358 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010046622018)
Jyoti Datta Wagh
Age: 31years,
Residing at 1/11,
Ram Niwas Chawl,
Sunder Baug, Kurla(W),
Mumbai400 070. ....Plaintiff
Versus
Ananda Niwrutti Maske
Age: Adult,
Working for gain with B.M.C.,
''L'' Ward, 1st Floor,S.G.Barve Marg,
Kurla(W), Mumbai400 070.
EMT Code No.1353651
Pay Sheet No.6016.
And residing at New Bharat Nagar,
H.P.Colony, Vashi Naka, Mahul Road,
Chembur, Mumbai400 074. ...Defendant
Appearances:
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 6TH JANUARY 2020
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,53,704.10/
(Rupees One Lakh Fifty Three Thousand Seven Hundred Four and Ten
-- 1 of 4 --
SUMMARY SUIT NO.1358/2018 2
Paise Only) with interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.1,00,000/
obtained by the defendant from the plaintiff, the defendant executed
demand promissory note on 10/04/2015 for Rs.1,00,000/ in favour of
the plaintiff. By same promissory note the defendant promised to pay
interest at the rate of 18% p.a. on the said sum of Rs.1,00,000/.
Thereupon, the plaintiff from time to time demanded the said amount
of Rs.1,00,000/ with interest thereon, However, the defendant
neglected to pay the said amount. Despite service of legal notice dated
28.03.2018, the defendant failed to pay the said amount. At the
institution of the suit, the amount due and payable by the defendant
was Rs.1,53,704.10/. Therefore, the plaintiff claimed decree for
recovery of said amount with the interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded exparte against the Defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled to recovery
of the amount with interest as prayed?
Affirmative
2. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 & 2
5. The plaintiff filed her Claim Affidavit at Exh.7 and also produced
documents with list Exh.8. The Affidavit and the document as demand
promissory note dtd.10.04.015 reveal that the defendant executed said
-- 2 of 4 --
SUMMARY SUIT NO.1358/2018 3
promissory note for Rs.1,00,000/ in favour of the plaintiff and also
promised to pay interest at the rate of 18% p.a.. Copy of license in Form
No.3 shows that the plaintiff is licensed Money Lender. Despite legal
notice dtd.28.03.2018, the defendant failed to pay the amount to the
plaintiff. Thus the claim affidavit, documents on record and the
circumstances that defendant failed to appear and contest/challenge the
suit, proved the case of the plaintiff. Therefore, the plaintiff is entitled
to recovery of the amount with interest as prayed. Hence, point No.1 is
answered in the Affirmative. In view of Para499 of Civil Manual court
fees has to be refunded to the plaintiff, this being summary suit where
the defendant did not appear. In answer to point No.2 order as follows
is passed:
ORDER
1. The suit is exparte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of
Rs.1,53,704.10/ (Rupees One Lakh Fifty Three Thousand Seven
Hundred Four and Ten Paise Only) with simple interest at the rate of
18% p.a. from the date of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 06/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 06/01/2020
Transcribed on : 06/01/2020
Signed on : 06/01/2020
-- 3 of 4 --
SUMMARY SUIT NO.1358/2018 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07/01/2020 at 11.35 p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 06/01/2020
Judgment/Order signed by P.O. on 06/01/2020
Judgment/Order uploaded on 07/01/2020
-- 4 of 4 --