Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.706/2018
Received on : 05.05.2018
Registered on : 12.07.2018
Decided on : 30.03.2019
Duration : Y M D
00 10 27
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 706 OF 2018
CNR NO.: MHCC010061612018
Sanjesh Chunilal Jain
Aged 41 years,
of Mumbai, an adult Indian inhabitant,
having his address at Room No.70,
2nd floor, Swadeshi Market, Kalbadevi
Road, Mumbai – 400 002. ….Plaintiff
Versus
Prakashchandra Dayaram Sharma
Age not known
of Mumbai an adult Indian inhabitant working for
gain with Western Railway Personal Department,
Emp No.12210018, Old Building, Head Quarters,
Churchgate Mumbai – 400 020. And residing at
Building No.47, Room No.14, Railway Quarters,
Kandivali, Mumbai – 400 101. ...Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 30th MARCH, 2019.
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[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that on 9th September 2016, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.100,000/ received by the defendant
from him against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said Demand Promissory Note the
Defendant promised to pay to him the said sum of Rs.100,000/
alongwith interest thereon @ 18% per annum on Demand. Plaintiff has
further stated that he from time to time demanded from the defendant
the said amount of Rs.100,000/ and interest accrued thereon @ 18%
per annum. The defendant has made part payment of Rs.5,000/ on 30 th
September 2016, Rs.15,000/ on 13 th October 2016, Rs.5,000/ on 30 th
June 2017 and Rs.5,000/ on 30 th December 2017. Plaintiff has further
stated that thereafter, the defendant however failed and avoided to pay
any further payment and any part thereof and kept him on false and
baseless promises. Plaintiff has further stated that after waiting
sufficient time, he forwarded his Advocate's letter dated 14th April 2018
recording the above facts, and instructed the Defendant to comply with
the requisitions mentioned in the said letter, within a period of 48 hours
from receipt thereof. Plaintiff has further stated that in the premises
aforesaid, there is now due and payable by the defendant to him of
Rs.92,867.38ps. in accordance with the Particulars of Claim. Therefore,
plaintiff filed the present suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
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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.92,867.38ps. from
defendant along with future interest
@ 18% p. a. on the principal sum of
Rs.70,000/ 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 in the form of affidavit
below Exh.7. Plaintiff relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 9th September 2016
2. Exh.10 Plaintiff's Advocates' letter dated 14th April 2018
alongwith the postal records in connection with
the transmission and delivery thereof.
3. Exh.11 Money Lender Licence.
4. Exh.12 Forms under Bombay Money Lending Act.
5. Exh.13 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.7 and stated that on 9th September, 2016, the defendant
executed a Demand Promissory Note of Rs.100,000/ in his favour for
valuable consideration sum of Rs.1,000/ received by the defendant. By
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the said Demand Promissory Note the Defendant promised to pay to
him that the said sum of Rs.100,000/ alongwith interest thereon @
18% per annum on Demand. Plaintiff has further stated that he from
time to time demanded from the defendant the said amount of
Rs.100,000/ and interest accrued thereon @ 18% per annum. Plaintiff
has further stated that defendant has made part payment of Rs.5,000/
on 30th September 2016, Rs.15,000/ on 13 th October 2016, Rs.5,000/
on 30th June 2017 and Rs.5,000/ on 30 th December 2017. Plaintiff has
further stated that thereafter, the defendant however, failed and
neglected to pay any further payment and any part thereof and kept
him on false and baseless promises. Plaintiff has further stated on 14th
April 2018, he forwarded a Demand Notice through his Advocate to the
defendant. The said Demand Notice was duly served upon the
defendant. Plaintiff has further stated that the defendant has not
disputed the contents of the said Notice and not forwarded any reply
thereto. Plaintiff has further stated that in the above circumstances he
filed the present suit for Rs.92,867.38 ps. and further interest on
Rs.70,000/ at the rate of 18% per annum from filing of suit till
payment and costs.
7. Plaintiff has adduced original Promissory Note, Plaintiff's
Advocate letter, Money Lender Licence, Forms under Bombay Money
Lending Act and copy of Books of Accounts on record as documentary
evidence. The oral evidence of plaintiff is corroborated by documentary
evidence. Defendant has failed to challenge all the allegations in the
plaint and evidence of plaintiff. Due to all these circumstances, plaintiff
has proved that he is entitled to get sum of Rs.92,867.38 ps. from
defendant.
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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.70,000/ 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.92,867.38 ps. to
plaintiff along with interest @ 9% p.a. on the on the principal
sum of Rs.70,000/ 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: 30.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 30.03.2019
Transcribed on : 30.03.2019
Signed on : 30.03.2019
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:6: Summary Suit No.706/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
12.04.2019 At 3:21 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
30.03.2019
Judgment/Order signed by P.O. on 30.03.2019
Judgment/Order uploaded on 12.04.2019
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