Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.619/2018
Received on : 05.05.2018
Registered on : 18.07.2018
Decided on : 04.05.2019
Duration : Y M D
01 00 01
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 619 OF 2018
CNR NO.: MHCC010062202018
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
Shatrugana Shankar Birje
Age adult,
3/112, Mint Colony,
Saibaba Marg, Parel,
Mumbai – 400 012 ...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
defendant, he advanced loan of Rs.2,00,000/ to the defendant. The
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defendant had promised to repay the loan within period of one year.
Plaintiff has further stated that the defendant lastly issued cheque
bearing No.298119 of Rs.2,00,000/ dated 30.01.2018 drawn on the
Saraswat Cooperative Bank Limited, branch Dadar (E) Mumbai – 400
014 in discharge of his legally enforceable liability.
2. Plaintiff has further stated that on 30.01.2018, he presented and
deposited the said cheque in his account maintained by him with his
bank i.e. Bank of Baroda, Jabob Circle, Mumbai. Plaintiff has further
state that on 02.02.2018 his banker returned the cheque unpaid being
dishonored, along with intimation and dishonor Memo for the reason
“Account Closed”. Therefore, plaintiff filed this suit.
3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. 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 @ 10%
p. a. on the same amount i.e.
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
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REASONS
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.6 Cheque and Bank Memo
2. Exh.7 Notice and envelope
AS TO POINT NOS. 1 AND 2:
7. 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.2,00,000/ to the defendant. He
has further stated that 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.298119 of Rs.2,00,000/ dated
30.01.2018 drawn on the Saraswat Cooperative Bank Limited, branch
Dadar (E) Mumbai – 400 014 in discharge of his legally enforceable
liability.
8. Plaintiff has further stated that on 30.01.2018, he presented and
deposited the said cheque in his account maintained by him with his
bank i.e. Bank of Baroda, Jabob Circle, Mumbai. Plaintiff has further
state that on 02.02.2018 his banker returned the cheque unpaid being
dishonored, along with intimation and dishonor Memo for the reason
“Account Closed”.
9. Plaintiff has adduced original Cheque, Bank Memo, Notice and
Envelope on record as documentary evidence. The oral evidence of
plaintiff is corroborated by documentary evidence. Defendant has failed
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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.2,00,000/ 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.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 sum of Rs.2,00,000/ to plaintiff
along with interest @ 9% p.a. on the 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: 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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:5: Summary Suit No.619/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10.06.2019 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 10.06.2019
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