Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.913/2018
Received on : 24.04.2018
Registered on : 01.09.2018
Decided on : 01.04.2019
Duration : Y M D
00 11 08
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 913 OF 2018
CNR NO.: MHCC010055572018
Manohar Khandu Karbal,
Age 45 years, Indian
Inhabitant, carrying on business at 530/5, Patra
Chawl, Near Gujrathi School, Subhash Nagar,
New Mill Road, Kurla (W), Mumbai – 400 070 ...Plaintiff
Versus
Anant Devku Tambe
adult, working for gain with
Sahkar Nagar, B.M.C. Marathi School, Dept.
SHKARNGR; E.C. No.3487895, P.C. No.7861,
Dadala (W), Mumbai 400 031 and residing at Sahkar
Nagar B.M.C. School Building, Skim No.57, Road
No.26, Sahkar Nagar, Wadala (W), Mumbai 400 031 …Defendant.
Appearances:
Advocate Mr. Rajesh M. Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 1st APRIL, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that he advanced and lent to the defendant
-- 1 of 5 --
:2: Summary Suit No.913/2018
the sum of Rs.2,00,000/ on 4 th July 2017 in cash to that defendant has
issued post dated cheque of Rs.2,00,000/ in favour of him, post dated
to 4th August 2017. Plaintiff has further stated that when the said
cheque was deposited to the Bank on 7th August 2017 same was
dishonoured. Plaintiff has further stated that in spite of repeated
request and demand by him defendant failed and neglected to pay the
same. Plaintiff has further stated that ultimately he by his Advocate's
letter dated 24th August 2017, demanded the said sum of Rs.2,00,000/
but defendant failed and neglected either to pay the said sum or reply
the said letter. Plaintiff has further stated that there is now due payable
by the defendant to him a sum of Rs.2,00,000/ as per particulars of
claim. Therefore, plaintiff filed the present suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.2,00,000/ from
defendant along with interest @ 18%
p. a. on the principal sum of
Rs.2,00,000/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff has filed evidence of himself below Exh.7 in the form of
-- 2 of 5 --
:3: Summary Suit No.913/2018
affidavit. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Dishonoured Cheque of Rs.2,00,000/ dated 4 th
August 2017
2. Exh.10 Memo of dishonoured dated 7th August 2017
3. Exh.11 Notice of demand dated 24th August 2017
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence below Exh.7 in the form of affidavit
and stated that defendant approached him on for a loan which he had
advanced in cash, against issuing Post dated cheque of Rs.2,00,000/ on
valuable consideration in his favour by defendant post dated to 4th July
2017 which was dishonored on 7th August 2017, when he presented for
payment with reason “Refer to drawer” which he informed defendant
immediately. Plaintiff has further stated that in spite of repeated request
and demand defendant failed to pay amount then he issued his
Advocate's demand notice on 24th August, 2017, to that till today he had
not received any reply or amount. Plaintiff has further stated that after
filing of the suit and service of Writ of Summons till today he had not
received any amount.
7. Plaintiff has also produced original dishonored cheque, Memo of
dishonored and Notice of Demand on record as documentary evidence.
Defendant has failed to challenge all the averments in the plaint and
evidence of plaintiff. The oral evidence of plaintiff is corroborated by
documentary evidence. Due to all these circumstances, plaintiff has
proved that he is entitled to get sum of Rs.2,00,000/ from the
defendant.
-- 3 of 5 --
:4: Summary Suit No.913/2018
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.2,00,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs.2,00,000/ to plaintiff
along with interest @ 9% p.a. on the principal sum of
Rs.2,00,000/ from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 01.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 01.04.2019
Transcribed on : 01.04.2019
Signed on : 01.04.2019
-- 4 of 5 --
:5: Summary Suit No.913/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24.04.2019 At 5:43 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
01.04.2019
Judgment/Order signed by P.O. on 01.04.2019
Judgment/Order uploaded on 24.04.2019
-- 5 of 5 --