Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.674/2018
Received on : 05.05.2018
Registered on : 29.06.2018
Decided on : 29.06.2019
Duration : Y M D
01 01 26
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 674 OF 2018
CNR NO.: MHCC010062432018
SUNKAPPA GURAPPA JADHAV
Age 46 yrs.
of Mumbai, an adult, Indian,
inhabitant, having his address at
Lal Patra Chawl No.251, Room No.10,
Cross Road, DharaviMumbai400 017. ...Plaintiff
Versus
SUJATA SUNIL DARGE
Age not known
of Mumbai, an adult Indian inhabitant,
working for gain with Department of Posts,
Sion Sorting Office, Near Sion Bust Depot, Sion
Mumbai 400 022. Dept Sorting, Designation
TBOP MM Aroll No.12 Bill No.2 ...Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th JUNE, 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 June 2015, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.40,000/ 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.40,000/
alongwith interest thereon @ 15% per annum on demand at Mumbai.
2. Plaintiff has further stated that he from time to time demanded
from the defendant the said amount of Rs.40,000/ and interest accrued
thereon @ 15% per annum. The defendant, however, failed and
neglected to pay the said sum and any part thereof and kept him on
false and baseless promises.
3. Plaintiff has further stated that after waiting sufficient time, he
forwarded his Advocate's letter dated 13th November 2015 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.57,506.84ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed this suit.
4. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against her.
5. Heard the Ld. Advocate for the plaintiff.
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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.57,506.84ps. from
defendant alongwith interest @ 15%
p. a. on the sum of Rs.40,000/ from
the date of filing of the suit till its
realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 2nd June 2015
2. Exh.10 Plaintiff's Advocates' letter dated 13th November 2015
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:
8. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.6 and he has stated in his evidence that on 2nd June 2015,
the defendant executed a Demand Promissory of Rs.40,000/ in his
favour for valuable consideration sum of Rs.40,000/ received by the
defendant. By the said Demand Promissory Note the Defendant
promised to pay to him that the said sum of Rs.40,000/ alongwith
interest thereon @ 18% per annum on demand.
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9. Plaintiff has further stated that he from time to time demanded
from the defendant the said amount of Rs.40,000/ and interest accrued
thereon @ 18% per annum. The defendant, however, failed and
neglected to pay the said sum and any part thereof and kept him on
false and baseless promises.
10. Plaintiff has further stated that on 13th November 2015, he
forwarded a Demand Notice through his Advocates to the defendant.
The said Demand Notice was duly served upon the defendant. The
defendant has not disputed the contents of the said Notice and not
forwarded any reply thereto.
11. Plaintiff has further stated that in the above circumstances he
filed the present suit for Rs.57,506.84ps. and further interest on
Rs.40,000/ at the rate of 18% per annum from filing of suit till
payment and costs.
12. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, Money Lender Licence, Forms under Bombay
Money Lending Act and 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.57,506.84ps. from defendant.
13. 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.40,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
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following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.57,506.84ps. to plaintiff
along with interest @ 9% p.a. on the amount of Rs.40,000/
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: 29.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.06.2019
Transcribed on : 29.06.2019
Signed on : 29.06.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.07.2019 At 01:04 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
29.06.2019
Judgment/Order signed by P.O. on 29.06.2019
Judgment/Order uploaded on 22.07.2019
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