Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1418/2018 1
Received on : 13042018
Registered on : 07122018
Decided on : 06012020
Duration : 01Y 08M 24D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1418 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010048842018)
Jyoti Datta Wagh
Age: 31years,
Residing at 1/11,
Ram Niwas Chawl,
Sunder Baug, Kurla(W),
Mumbai400 070. ....Plaintiff
Versus
Rohit Laxman Upadhe
Age: Adult,
Working for gain with BMC,
''K'' Ward, Tata Compound,
S.V.Road, Conservancy Dept.,
Andheri(East), Mumbai400 058,
Residing at Netaji Nagar,
3rd No.Khadi, Cross Hanuman
Road, Kajupada Sakinaka,
Behind Vijay S.T.D.,
Mumbai400 072. ...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
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SUMMARY SUIT NO.1418/2018 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,12,575.34/
(Rupees One Lakh Twelve Thousand Five Hundred Seventy Five and
Thirty Four 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 27.07.2017 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
06.04.2018, the defendant failed to pay the said amount. At the
institution of the suit, the amount due and payable by the defendant
was Rs.1,12,575.34/. 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
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SUMMARY SUIT NO.1418/2018 3
REASONS
AS TO POINTS NO.1 & 2
5. The plaintiff filed Claim Affidavit of Constituted Attorney Priya at
Exh.7 and also produced documents with list Exh.8. The Affidavit and
the document as demand promissory note dtd.27.07.2017 reveal that
the defendant executed said 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.06.04.2018, 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.1,12,575.34/ (Rupees One Lakh Twelve Thousand Five Hundred
Seventy Five and Thirty Four Paise Only) with simple interest at the
rate of 18% p.a. from the date of suit till realization of the amount.
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SUMMARY SUIT NO.1418/2018 4
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
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SUMMARY SUIT NO.1418/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/01/2020 at 11.45p.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
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