Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 615/2018 1
Registered on : 18.06.2018
Decided on : 30.01.2019
Duration : 00 07 12
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 615 OF 2018
Mr.Sayed Anwar Rizvi
of Mumbai Indian Inhabitant
an adult aged about 68 years,
Occupation: Retired/Business
after retirement , residing
at Saraswati Apartment,
AL4/503, Sector 16, Airoli
Navi Mumbai – 400708. And also
Having his business address at
Sandwich Shop, Opp: Dwarka Hotel,
P.M.Road, Fountain, Mumbai 400023. .....Plaintiff
V/s.
Mrs.Sonali Hemant Kadrekar
of Mahim West an adult Indian
Inhabitant , aged about 35 years,
Occupation: Service having her
Office address at Business Analysist,
Tata Consultancy Services,
Nesco Gate NO.2, Near Mahananda Dairy,
Goregaon East, Mumbai 400063. And also
Having her resience address at
B408/4 th Floor, Plot NO.251B
Meena Tai Thakare CHS, Behind
Tendulkar Hall, Mahim West, Mumbai16. ....Defendant
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Sum.Suit No. 615/2018 2
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :30/01/2019.
Advocate Mr.B.S.Patil for the plaintiff
Exparte against defendant.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an
amount of Rs.6,00000/ alongwith further interest at the rate of
18% p.a. from the date of filing of the suit till its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that there is a close friend
relationship between him and defendant since last 15 years. The
defendant approached to him for financial help as he was facing
financial problem as her husband's Coaching Class building was
under redevelopment process and the developer promised to the
husband of defendant that they will pay Rs.15,00,000/ to her
husband. It is contended that the plaintiff has paid total
Rs.6,00,000/ to the defendant as per her requirement as detailed
in para no.2 of the plaint on 4/10/2017 the defendant issued a
writing on Stamp Paper confirming her liability to pay
Rs.6,00,000/ to the plaintiff within 4 months from the date of last
installment failing which plaintiff shall be entitled to take legal
action against her. So also, it is contended that subsequently the
defendant issued a cheque dated 9/2/2018 in favour of the
plaintiff for Rs.6,00,000/. The plaintiff deposited said cheque for
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Sum.Suit No. 615/2018 3
encashment with his Banker i.e. Andhra Bank on 9/2/2018 but it
was dishonoured and returned back to the plaintiff with reason
'Funds Insufficient” Thereafter a demand notice was sent to the
defendant by the plaintiff through his advocate but the defendant
failed to comply the same. Consequently, the plaintiff has filed the
present suit.
3. The plaintiff has filed on record affidavit of service of
summons at Exhibit 4. Defendant inspite of service of writ of
summons did not appear in the suit. Therefore, the suit is
proceeded exparte against her vide order dated 19/11/2018.
4. Plaintiff has filed his affidavit of evidence in support of suit
claim at Exhibit 5, in which he has reiterated the contents of
plaint, elaborately. So also, he has filed the List of documents at
Exhibit 6. He has filed the documents like writing of defendant
dated 4/10/2017, Receipt of the defendant dated 4/2/2018,
return of the cheque alongwith Bank Memo and deposit slip, so
also, copy of demand notice dated 20/2/2018 etc.
5. As the defendant has failed to put his appearance and
contest the suit therefore, in these circumstances in view of the
provisions of subrule2 of Rule3 of Order XXXVII of C.P.Code, the
averments made by the plaintiff in the plaint are deemed to be
admitted. There is nothing on record to disbelieve the oral and
documentary evidence placed on record by the plaintiff. Hence, in
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Sum.Suit No. 615/2018 4
view of the matter, the plaintiff is entitled for the decree as prayed
alongwith interest @ 9% p.a. from the date of filing of the suit till
its realization. In the result, following order.
: ORDER :
1. The Summary Suit No.615/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of
Rs.6,00,000/(Rupees Six Lacs) with simple interest at the rate of
9% p.a. from the date of filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered
Post Acknowledgement Due, regarding this Exparte decree, well
before filing the execution proceeding.
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 30/01/2019 City Civil Court, Gr. Bombay
Dictated on : 30/01/2019
Transcribed on : 30/01/2019
Signed on : 04/02/2019
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Sum.Suit No. 615/2018 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
4/2/19 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
30/1/19
Judgment/order signed by P.O on 4/2/19
Judgment/order uploaded on 4/2/19
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