Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 605/2018 1
Registered on : 13.06.2018
Decided on : 01.02.2019
Duration : 00 07 18
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.605 OF 2018
Mr.Sunil Nagu Jadhav
of Mumbai an adult Indian Inhabitant
aged about 38 years, Occupation:
carrying money lending business in his
name at Samrat Ashok Nagar, Mukund Nagar
P.L.Lokhande Marg, Chembur Mumbai400089,
Through his power of attorney holder
Mr.Ganesh Nagu Jadhav of Mumbai an adult
Indian Inhabitant aged about 40 years,
occupation service having his addess
at Samrat Ashok Nagar, Mukund Nagar,
P.L.Lokhande Marg, Chembur Mumbai400089.
.....Plaintiff
V/s.
Mr.Vikas Gangadhar Kamble
an adult, Indian Inhabitant,
aged 50 years, Occupation
Service, having his office address at
Municipal Corporation of Greater Mumbai
Employee No.04096151, Ps.No.349
Designation Motor Loader,
Water Department, NWard,
Ghatkopar Mumbai
And also having his residence address at
Sankalp Coop. Housing Society Ltd.,
B/Wing45/793, Navghar Road, Tata Colony,
Mulund East, Mumbai 400081. ....Defendant
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Sum.Suit No. 605/2018 2
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.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.2,04,000/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.1,50,000/ 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 moneylending under license. The defendant executed a
promissory note of Rs.1,50,000/ in his favour on 12/4/2016 against
the loan about of Rs.1,50,000/ 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.
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Sum.Suit No. 605/2018 3
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
12/4/16, Copy of Notice dated 26/3/18 issued by the plaintiff to the
defendant, copy of moneylending license etc.
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.2,04,000/
(Rupees Two Lacs Fourt thousand) with interest on the principal
amount of Rs.1,50,000/, 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.
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Sum.Suit No. 605/2018 4
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 : 04/02/2019
“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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