Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.618/2018
Received on : 05.05.2018
Registered on : 18.06.2018
Decided on : 04.05.2019
Duration : Y M D
01 00 01
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 618 OF 2018
CNR NO.: MHCC010062192018
Ashok Sohanlal Jain
Age – 47 years, Occ – business,
residing at Room No.336,
second floor, Parijat building,
B.J. Road, Byculla, Mumbai – 400 011 ...Plaintiff
Versus
Anant Govind Mandvkar
Age – Adult,
Cement Building,
“A” block, 2nd floor,
Room No.67,
J.J. Compound,
Mumbai – 400 008. ...Defendant.
Appearances:
Advocate Mr. B.V. Holambe Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 04th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that considering friendship with the
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defendant, he advanced loan of Rs.70,000/ to the defendant. The
defendant had promised to repay the loan within period of one year.
Plaintiff has further stated that the defendant lastly issued cheque
bearing No.826137 for sum of Rs.70,000/ drawn on the State Bank of
India, Branch Byculla, Mumbai – 400 008 in discharge of legally
enforceable liability.
2. Plaintiff has further stated that on 06.02.2018, his banker
returned the said cheque unpaid being dishonoured, along with
intimation and memo for the reasons “Exceed arrangement”.
3. Plaintiff has further stated that he issued statutory notice sent on
28.02.2018 under Section 138 of Negotiable Instrument Act through his
Advocate calling upon him to repay the loan taken by him for one year.
Plaintiff has further stated that the defendant has received the said
notice. The defendant has not repaid the said loan or repaid to the
notice. Therefore, plaintiff filed this suit.
4. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
5. Heard the Ld. Advocate for the plaintiff.
6. 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
sum of Rs.70,000/ from defendant
along with interest @ 10% p. a. on
the same amount i.e. Rs.70,000/
...Partly in the
affirmative.
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from the date of filing of the suit till
its realisation ?
2. What order and Decree ? ...As per final order
REASONS
7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.6 Original Cheque and Memo of Bank
2. Exh.7 Original Notice
3. Exh.8 Original postal receipt with acknowledgment.
AS TO POINT NOS. 1 AND 2:
8. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.3 and stated in his evidence that considering friendship with
the defendant, he advanced loan of Rs.70,000/ to the defendant in the
month of June 2016. He has further stated that the defendant had
promised to repay the loan within period of one year. Plaintiff has
further stated that on 02.02.2018 he presented and deposited the said
cheque in his account maintained with his bank i.e. Bank of Baroda,
Jacob Circle, Mumbai. Plaintiff has further stated that on 06.02.2018,
the defendants banker returned the said cheque unpaid being
dishonoured, along with intimation and memo for the reasons “Exceed
arrangement”. Plaintiff has further stated that he issued statutory notice
sent on 28.02.2018 through his Advocate Mr. B.V. Holambe Patil under
Section 138 of Negotiable Instrument Act calling upon him to repay the
loan taken by him for one year. The postal authority has returned the
said envelope with endorsement. Plaintiff has further stated that the
defendant has received the said notice but he has not repaid the said
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loan or not replied to the notice.
9. Plaintiff has adduced original Cheque and Memo of Bank,
Original Notice and Original postal receipt with acknowledgment 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.70,000/ from defendant.
10. 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 sum of Rs.70,000/ to plaintiff along
with interest @ 9% p.a. on the same 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: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15.06.2019 At 4:40 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
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 15.06.2019
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