Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 701/18. 1 Judgment (Exh.9).
MHCC010062522018
Presented on : 05.05.2018
Registered on : 11.07.2017
Decided on : 16.07.2022
Duration : 04years,02months,12days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMARY SUIT NO. 701 OF 2018
CNR No. MHCC010062522018
Exh.9.
Premchand Gulabchandji, )
Age 77 Yrs., of Mumbai, an adult Indian )
Inhabitant, carrying on business )
of Money Lending at and from )
46, Modi Street, Ground Floor, )
Fort, Mumbai – 400 001. )...Plaintiff
Versus
1. Sangeeta Suresh Sonawane )
age not known )
of Mumbai, an adult Indian Inhabitant )
Working for gain with Central Railway, )
Sr.Clerk, Diesal Loco Shed, )
Kurla Mumbai 400 024 )
and residing at Vishal Bldg, A Wing, )
Panel Pada, Virar (East) )
2. Balkrishna P. Shinde ) (Dismissed against
age not known ) defendant no.2 on
of Mumbai an adult Indian inhabitant ) 18/06/2022.)
Working for gain with C. D. M. E. D. Kurla )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 16th JULY, 2022.
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Sum.Suit No. 701/18. 2 Judgment (Exh.9).
Shri Ramesh Jain, Advocate for the plaintiff.
Defendant (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
On 18.07.2017, the defendants executed a Demand
Promissory Note in favour of the plaintiff for valuable consideration
being a sum of Rs.1,00,000/ received by the defendants from the
plaintiff 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 the plaintiff sum of Rs.1,00,000/ with
interest at the rate of 1.25 % p.m thereon on demand. After waiting for
sufficient time, advocate for the plaintiff issued letter dtd.09.04.2018 to
the defendants for payment as per Demand Promissory note, but in
vain. Hence, the plaintiff filed summary suit for recovery of
Rs.1,10,972.60ps (principal + accrued interest). He claimed further
interest on principal amount of Rs.1,00,000/ at the rate of 15% p.a
from the date of the suit till realization with cost of the suit.
3. Writ of summons as per Order XXXVII Rule 2 of the CPC
was issued, but it is served upon defendant no.1 only as per Bailiff
report filed with affidavit of service (Exh.05). Defendant no.1 failed to
appear in the matter. The plaintiff filed evidence affidavit (Exh.07) and
list of documents (Exh.08). As defendant no.2 was not duly served, I
dismissed the suit as against defendant no.2 as per roznama
dtd.18.06.2022.
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Sum.Suit No. 701/18. 3 Judgment (Exh.9).
4. In the light of above developments, the plaintiff is entitled
to judgment forthwith as per Order XXXVII Rule 3 (6)(a) of the CPC.
The plaintiff has given account of his case in the plaint in his evidence
affidavit (Exh.07). He has filed original promissory note, office copy of
the notice dtd. 09.04.2018, true copy of money lender license and true
copy of the entry in relevant register. All these documents are
supporting to the case of the plaintiff. He is also entitled to get agreed
rate of interest as mentioned in the promissory note. The suit is liable to
be decreed with costs. Hence, I pass the following order :
ORDER
1. Summary Suit No. 701/2018 is partly decreed.
2. Defendant no.1 is directed to pay amount of Rs.1,10,972.60/
(Rupees One Lakh Ten Thousand Nine Hundred Seventy Two
Only & Sixty paise) to the plaintiff within three months from the
date of decree.
3. Defendant no.1 is further directed to pay interest @ 15% p.a. on
the principal amount of Rs.1,00,000/ to the plaintiff from the
date of filing of the suit till its realization.
4. Defendant no.1 shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.31)
Date : 16/07/2022. Mumbai.
1. Dictated online on : 16/07/2022.
2. Signed on : 16/07/2022.
3. Delivered to Certified :
Copy Section on
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Sum.Suit No. 701/18. 4 Judgment (Exh.9).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/07/2022. 6.00 p.m. Miss K.M.Rana
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 16/07/2022.
Judgment/Order signed by P.O. on 16/07/2022.
Judgment/Order uploaded on 16/07/2022.
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