Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.721/2018
Received on : 05.05.2018
Registered on : 18.07.2018
Decided on : 03.05.2019
Duration : Y M D
01 00 00
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 721 OF 2018
CNR NO.: MHCC010061622018
Sanjesh Chunilal Jain Aged yrs.
of Mumbai, an adult Indian inhabitant,
having his address at Room No.70,
2nd floor, Swadheshi Market, Kalbadevi
Road, Mumbai – 400 002. ...Plaintiff
Versus
Raju Devram Dhamdhere
Age not known
of Mumbai an adult Indian inhabitant
working for gain with Western Railway
Commercial Department, Emp. No.12208292,
2nd Floor, Station Building, Head Quarters,
Churchgate Mumbai – 400 020. And residing at
Anand Society, Chawl No.7, Room No.8,
Pune Link Road, Vijay Nagar, Opposite Bust Stop
Kalyan, Maharashtra – 421 306. ….Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd MAY, 2019.
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[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 2nd August 2016, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.2,00,000/ 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.2,00,000/
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.2,00,000/ and interest accrued thereon @ 18%
per annum. The defendant has made part payment of Rs.7,300/ on 30 th
September 2016, Rs.3,000/ on 4 th April 2017 and Rs.10,000/ on 29 th
April. 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 a sum
of Rs.2,40,618.97ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed this 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:
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Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.2,40,618.97ps. from
defendant alongwith interest @ 18%
p. a. on the principal sum of
Rs.1,79,700/ 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 relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 2nd August 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 2nd August 2016, the defendant
executed a Demand Promissory Note of Rs.2,00,000/ in his favour for
valuable consideration sum of Rs.2,00,000/ received by the defendant.
By the said Demand Promissory Note the Defendant promised to pay to
him that the said sum of Rs.2,00,000/ 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.2,00,000/ and interest accrued thereon @ 18% per annum. The
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defendant has made part payment of Rs.7,300/ on 30 th September
2016, Rs.3,000/ on 4 th April 2017 and Rs.10,000/ on 29 th April.
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 on 14th April 2018, he forwarded a
Demand Notice through his Advocates 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.2,40,618.97ps. and further interest on Rs.1,79,700/ at the rate of
18% per annum from filing of suit till payment and costs.
7. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, 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. Therefore, plaintiff
has proved that he is entitled to get sum of Rs.2,40,618.97ps. from
defendant.
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.1,79,700/ 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.
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2. Defendant is directed to pay sum of Rs.2,40,618.97ps. to plaintiff
along with interest @ 9% p.a. on the sum of Rs.1,79,700/
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: 03.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.05.2019
Transcribed on : 03.05.2019
Signed on : 03.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.05.2019 At 12:21 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
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 20.05.2019
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