Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 10.04.2018
Registered on 02.05.2018
Decided on 29.11.2018
Duration Yrs. M. Days
06 27
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.529 OF 2018
SANTOSH LAXMAN GADGE, Age 30 years,
of Mumbai, an adult Indian Inhabitant,
residing at Room No.176, Jai Shankar
Chowk, Masnaji Aarote Chawl, Bloc No.2,
Haloov Pool, Kurla (W), Mumbai70 ...Plaintiff.
V/s.
NANDA SURESH SHARDUL
Age not known, of Mumbai an adult Indian
Inhabitant, working for gain with B.M.C.
Conservancy Dept. Emp. Code 3976744
Mahanagar Palika Marg, Mumbai400 001.
And residing at Ghatkopar Mankhurd Link
Road, Behind Deonar Hindu Cementary,
New Bhim Nagar, Transist Camp, Chawl –
F/2, Govandi, Shivaji Nagar, Mumbai400
043. ...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 : 29th November,2018
MHCC01-004742-2018
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J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.2,63,077.26/ with interest.
2. Plaintiff came with a case that, plaintiff is Indian Inhabitant
having his address as mentioned in the title clause of plaint. Defendant
is working for gain and residing at the address mentioned in title
clause.
3. Plaintiff submitted that, on 05.11.2015 defendant for valuable
consideration of Rs.2,60,000/ received from plaintiff and towardsd
discharge of the liability defendant drew and delivered cheque
dt.06.03.2018 bearing NO.099990 for Rs.2,60,000/. The said chequ
dishonoured when presented in the bank. 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 16.03.2018 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 affidavit of claim at Exh.7
along with list of documents at Exh.8 and proved the documents viz.
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dishonoured cheque dt.06.03.2018 (Exh.9), memo of dishonour
dt.07.03.2018 (Exh.10) and Advocate letter dt.16.03.2018 (Exh.11)
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is apparent from record that defendant has borrowed the
amount from plaintiff and in lieu of the payment issued cheque, which
was dishonoured when presented by plaintiff in bank. Plaintiff failed to
pay the amount 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 :
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay Rs.2,63,077.26/ along with interest
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@ 18 % per annum on principal outstanding amount to
plaintiff from the date of filing of this suit till realization
of entire decreetal amount.
3. Defendant do bear her 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.: 29/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 29.11.2018
Transcribed on : 29.11.2018
Signed on : 29.11.2018
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.11.2018 at 5.39 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 29.11.2018
Judgment/order signed by P.O. on 29.11.2018
Judgment/order uploaded on 29.11.2018
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