Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1363/2018 1
Received on : 09042018
Registered on : 22112018
Decided on : 28012018
Duration : 01Y 09M 20D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1363 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010046722018)
Jyoti Datta Wagh,
Age: 31 years, having her
Address at 1/11, Ram Niwas Chawl
Sunder Baug, Kurla(West),
Mumbai 400 070. ....Plaintiff
Versus
Akshay Sanjay Pagare,
Age: Adult,
Working for gain with B.M.C.,
Conservancy Dept., “L” Ward,
S.G.Barve Marg, Kurla(West),
Mumbai400 070, Worker
No.448321, Paysheet No.6027,
and residing at Nagwadi
Pestom Sagar, P.L.Lokhande Marg,
Chembur,Mumbai400 089. ...Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 28th JANUARY 2020
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SUMMARY SUIT NO.1363/2018 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.3,06,224.65/
(Rupees Three Lakh Six Thousand Two Hundred Twenty Four and Sixty
Five paise Only) with interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.2,00,000/
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 22.04.2015 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.2,00,000/.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand 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.3,06,224.65/. 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 his Chief Examination Affidavit at Exh.7 and
also produced documents with list Exh.8. The Affidavit and the
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SUMMARY SUIT NO.1363/2018 3
document as promissory note dtd.22.04.2015 reveal that the defendant
executed said promissory note for Rs.2,00,000/ 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 Chief Examination Affidavit,
documents on record and the circumstance 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.3,06,224.65/ (Rupees Three Lakh Six Thousand Two Hundred
Twenty Four and Sixty Five paise Only) with simple interest at the rate
of 18% p.a. on principal amount of Rs.2,00,000/ 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: 28/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 28/01/2020
Transcribed on : 29/01/2020
Signed on : 30/01/2020
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SUMMARY SUIT NO.1363/2018 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
31/01/2020 at 1.15p.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 28/01/2020
Judgment/Order signed by P.O. on 30/01/2020
Judgment/Order uploaded on 31/01/2020
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