Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on 11.04.2018
Registered on 02.05.2018
Decided on 12.11.2018
Duration Yrs. M. Days
06 10
CNR No.
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.530 OF 2018
SURESH OSARGA JADHAV, Age 38 years,
Occp : Business of Mumbai and adult Indian
Inhabitant, having his address at Jayshanker
Chowk, Block No.1, Halav Pool Road,
Manohar Galli, Opp. Rolex Hotel,
Makadwala Compound, Kurla (West),
Mumbai. ...Plaintiff
V/s.
KAVITA THEJASKUMAR VETTUKAD
age not know, an adult, Indian Inhabitant
working for tain with Surana Hospital,
Municipal Health Post, Nurse, Tank Lane,
Malad Orlem Church, (W) Malad, Mumbai.
E.C.No.3329919, P.S.No.2827, and residing
at Plot NO.A/201, Adiraj Laxmi Enclave,
Nagarpalika Road, Near Nagarpalika School,
Nilegaon, Nalasopara West, Maharashtra –
401 203. ...Defendant.
Appearances:
Ld. Adv Mr.Ramesh Jain and Adv.Mrs.Kusum Jain for plaintiff.
None for defendants. Hence, suit proceeded exparte against
defendants.
MHCC01-004795-2018
-- 1 of 5 --
.. j/2 .. Summary Suit No.530/2018
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th November,2018
J U D G M E N T
(Exparte)
This is a suit for recovery of Rs.3,51,632.87 with interest.
2. In short, plaintiff came with a case that, plaintiff is doing business
of money lending at the address mentioned in title clause. Defendant is
working for gain and residing at the address mentioned in title clause.
3. Plaintiff submitted that, on 20.04.2017 defendant executed a
Demand Promissory Note in favour of plaintiff for valuable
consideration of Rs.3,00,000/. By the said demand promissory note
defendant promised to pay Rs.3,00,000/ to plaintiff along with interest
@ 18% per annum on demand. 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 27.03.2018 and
requested to pay the amount. Defendant failed and neglected to
comply the 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.4. In spite of service defendant has not appeared
nor contested the suit. Hence, suit proceeded exparte against
defendant.
-- 2 of 5 --
.. j/3 .. Summary Suit No.530/2018
5. In support of his claim plaintiff filed evidence affidavit at Exh.7
and list of documents at Exh.8 and proved the documents viz
promissory note dt.20.04.2017 at Exh.9, Advocate Letter/demand
notice dt.27.03.2018 at Exh.10, money lender license at Exh.11, Forms
under Bombay Money Lending Act at Exh.12 and books of accounts at
Exh.13.
6. Heard learned Advocate for plaintiff. Perused record and
proceedings.
7. It is manifest from record that defendant has borrowed the
amount from plaintiff and executed demand promissory note in favour
of plaintiff and promised to pay the sum on demand. But defendant has
not paid the sum 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.
-- 3 of 5 --
.. j/4 .. Summary Suit No.530/2018
9. 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.3,51,632.87 along with interest
@ 18 percent per annum on principal amount of
Rs.3,00,000/ 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.: 12/11/2018 City Civil Court, Gr. Mumbai
Dictated on : 12.11.2018
Transcribed on : 14.11.2018
Signed on : 14.11.2018
kps/
-- 4 of 5 --
.. j/5 .. Summary Suit No.530/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.11.2018 at 4.40 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 12.11.2018
Judgment/order signed by P.O. on 14.11.2018
Judgment/order uploaded on 14.11.2018
-- 5 of 5 --