Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 602/2018 1
Registered on : 14.06.2018
Decided on : 01.02.2019
Duration : 00 07 17
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.602 OF 2018
Mr.Shrikant Shravan Kamble
of Govandi Mumbai an adult Indian
Inhabitant aged about 32 years,
occupation carrying money lending
business in his name at
Plot no.17, Line No.M, Room No.3,
Bainganwadi, Gowandi, Mumbai – 43. .....Plaintiff
V/s.
Mr.Gautam Rambhauji Gaikwad
of Ghatkopar East Mumbai an adult,
Indian Inhabitant, aged 30 years, Occupation
Service, having his office address at
At Municipal Corporation of Greater Mumbai
Psa No.6428, Employee No.4098593,
Designation: Motor Loader, Cnsy NLAB
Department: Ghana Kachara Vyavashthappa Vibhag,
NWard, Ghatkopar East, Mumbai77, And also having
His residence address at Ramabai A.Nagar, VN Marg,
Ghatkopar East, Mumbai 400075. ....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.
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Sum.Suit No. 602/2018 2
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.4,72,000/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.4,00,000/ from the date of filing of the suit till
its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that he is moneylender carrying on
business of money lending under license. The defendant executed a
promissory note of Rs.4,00,000/ in his favour on 2/4/2017 against the
loan of Rs.4,00,000/ received by him from the plaintiff. The defendant
promised to pay interest at the rate of 18% p.a. on the said amount on
demand. It is contended that the defendant failed to pay the aforesaid
amount with interest to the plaintiff inspite of demands and reminders.
Ultimately, the plaintiff sent a notice on 26/3/2018 to the defendant
but he 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, nonappearance certificate 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 demand promissory note dated
2/4/17, Copy of Notice dated 26/3/18 issued by the plaintiff to the
defendant, copy of money lending license etc.
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Sum.Suit No. 602/2018 3
5. As the defendant has failed to put his appearance and contest
the suit therefore, in these circumstances in view of the provisions of
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 @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
: ORDER :
1. The Summary Suit No.605/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.4,72,000/
(Rupees Four Lac Seventy Two thousand) with simple interest on the
principal amount of Rs.4,00,000/, at the rate of 9% 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 shall 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 : 01/02/2019
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Sum.Suit No. 602/2018 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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