Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 664/2018 1
Registered on : 27.06.2018
Decided on : 30.01.2019
Duration : 00 07 03
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.664 OF 2018
Sanjesh Chunilal Jain, Aged 47 yrs,
of Mumbai, an adult Indian Inhabitant,
having his address at Room No.70,
2nd floor, Swadheshi Marke, Kalbadevi
Road, Mumbai400002. .....Plaintiff
V/s.
Haresh Rupchand Garasia , Age not known
of Mumbai an adult Indian Inhabitant
working for gain with Western Railway Operating
Department, Employee No. 12193525, Old Building,
Head Quarters, Churchgate Mumbai – 400020
And residing at Building No.29/16, Western
Railway Colony, Dahisar Station,
Dahisar, Mumbai – 400068. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :30/01/2019.
Advocate Mr.Ramesh Jain for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.1,62,131/ alongwith further interest at the rate of 18% p.a. on
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Sum.Suit No. 664/2018 2
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 doing the moneylending
business and on 10/11/2017 the defendant after taking the cash
amount of Rs.1,50,000/ executed a promissory note in his favour for
Rs.1,50,000/ and the defendant promised to pay interest on the said
amount at the rate of 18% p.a. on demand. It is contended that the
plaintiff from time to time demanded the said amount and interest
accrued thereon but the defendant failed and neglected to pay the said
amount. On 14/4/2018 the plaintiff issued the notice to the defendant
through his advocate but the defendant 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. Defendant inspite of service of writ of summons did not
appear in the suit. Plaintiff has filed non appearance certificate at
Exhibit 6.
4. Plaintiff has filed affidavit of evidence of PW 1 Sanjesh Jain 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
Promissory Note dated 10/11/2017, Copy of Notice issued by the
advocate for plaintiff to the defendant dated 14/4/2018, Copy of
Moneylenders license etc.
5. As the defendant has failed to put his appearance and contest
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Sum.Suit No. 664/2018 3
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.664/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.1,62,131/
(Rupees One Lac Sixty Two thousand One hundred and Thirty One)
with simple 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.
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 30/01/2019 City Civil Court, Gr. Bombay
Dictated on : 30/01/2019
Transcribed on : 30/01/2019
Signed on : 01/02/2019
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Sum.Suit No. 664/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
01/02/2019 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.
30/01/19
Judgment/order signed by P.O on 30/01/19
Judgment/order uploaded on 01/02/19
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