Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 597/2018 1
Registered on : 15.06.2018
Decided on : 01.02.2019
Duration : 00 07 16
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.597 OF 2018
Mr.Anil Babulal Shah,
of Mumbai an adult Indian Inhabitant,
aged 53 years, Occupation: Business
having his residence address at Room No.100,
Lalanigam Road, Colaba Market, Mumbai – 5. .....Plaintiff
V/s.
Mr.Rang Bahadur Yadav,
of Mumbai an adult, Indian
Inhabitant, age 51 years, Occupation
Business, having his residence address at
Room no.5, Ganesh Murti Nagar, Part III,
Cuffe Parade, Colaba, Mumbai5. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :01/02/2019.
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.1,74,000/ alongwith further interest at the rate of 18% p.a. from
the date of filing of the suit till its realization.
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Sum.Suit No. 597/2018 2
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that the defendant was facing the
financial difficulty in smoothly conducting his Mats business at Colaba
Market. Therefore, he requested to the plaintiff for financial help and
on 11/10/2014 the plaintiff gave hand loan to the defendant of
Rs.1,80,000/ for developing his business and the defendant executed
the acknowledgment receipt of that amount in the form of that
affidavit. It is contended that the defendant executed the loan receipt
cum affidavit duly notarized and acknowledged the receipt of such
amount and liability to pay the same. It is contended that the defendant
after taking the loan did not repay the same and thereafter the
defendant agreed to repay the amount by installment of Rs.6000/ per
month and he paid the first installment on 10/6/2017 and thereafter he
stopped making the payment as agreed for. The plaintiff issued the
notice to the defendant on 15/1/18 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 5. Non appearance certificate at Exhibit 6. Defendant inspite
of service of writ of summons did not appear in the suit.
4. Plaintiff has filed his affidavit of evidence in support of suit
claim at Exhibit 7, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 8. He
has filed the documents like original affidavit of the defendant dated
11/10/14, Copy of Notice dated 15/1/18 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
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Sum.Suit No. 597/2018 3
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 view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 8%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.597/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.1,74,000/
(Rupees One Lacs thousand hundred and ) with simple interest at the
rate of 8% 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 be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 01/02/2019 City Civil Court, Gr. Bombay
Dictated on : 01/02/2019
Transcribed on : 01/02/2019
Signed on : 04/02/2019
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Sum.Suit No. 597/2018 4
“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.
1/2/19
Judgment/order signed by P.O on 4/2/19
Judgment/order uploaded on 4/2/19
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