Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1372/2018 1
Received on : 13042018
Registered on : 28112018
Decided on : 01022020
Duration : 01Y 09M 19D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1372 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010048882018)
Jyoti Datta Wagh
Age 31 years,
Residing at 1/11,
Ram Niwas Chaw,
Sunder Baug, Kurla(West),
Mumbai400 070.
....Plaintiff
Versus
Rohit Laxan Upadhe
Age:Adult.
Working for gain with BMC,
“K” Ward, Tata Compound,
S.V.Road, Conservancy Dept.,
Andheri(East), Mumbai400 058.
and residing at Netaji, 3rd No.Khadi
Cross Hanuman Road, Kajupada
Sakinaka, Behind Vijay S.T.D.,
Mumbai400 072. ...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 : 1st FEBRUARY 2020
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SUMMARY SUIT NO.1372/2018 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,12,821.91/
(Rupees One Lakh Twelve Thousand Eight Hundred Twenty One and
Ninety One 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
promissory note of same amount on 22.07.2017 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/.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand 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.1,12,821.91/. 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.1372/2018 3
REASONS
AS TO POINTS NO.1 & 2:
5. The plaintiff filed his Claim Affidavit at Exh.7 and also produced
documents with list Exh.8. The Affidavit and the document as
promissory note dtd.22.07.2017 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
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.1,12,821.91/ (Rupees One Lakh Twelve Thousand Eight Hundred
Twenty One and Ninety One paise Only) with simple interest at the rate
of 18% p.a. on principal amount of Rs.1,00,000/ from the date of suit
till realization of the amount.
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SUMMARY SUIT NO.1372/2018 4
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 01.02.2020 City Civil Court,Gr. Bombay
Dictated on : 01.02.2020
Transcribed on : 03.02.2020
Signed on : 05.02.2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07.02.2020 at 5.00p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of Judgment/Order 01.02.2020
Judgment/Order signed by P.O. on 05.02.2020
Judgment/Order uploaded on 07.02.2020
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SUMMARY SUIT NO.1372/2018 5
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