Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.665/2018
Received on : 05.05.2018
Registered on : 27.06.2018
Decided on : 29.03.2019
Duration : Y M D
00 10 26
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 665 OF 2018
CNR NO.: MHCC010062562018
Sanjesh Chunilal Jain
Aged 48 yrs.,
of Mumbai, an adult Indian inhabitant,
having his address at Room No.70,
2nd floor, Swadeshi Market, Kalbadevi
Road, Mumbai – 400 002. ….Plaintiff
Versus
Ajit Damodar Naik
Age not known
of Mumbai an adult Indian inhabitant
working for gain with Western Railway
Store Department, Emp No.12165232, 4th Floor,
Station Building, Head Quarters, Churchgate
Mumbai – 400 020. And residing at Gg1, Dahayabhai
Mesmi Chawl, Majas Janta Colony (Ambica Nagar),
Jogeshwari (East), Mumbai – 400 060. ...Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
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CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th MARCH, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that on 24th March 2017, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.1,50,000/ 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.1,50,000/
alongwith interest thereon @ 18% per annum on Demand. Plaintiff has
further stated that he from time to time demanded from the defendant
the said amount of Rs.1,50,000/ and interest accrued thereon @ 18%
per annum. But the defendant, however, failed and neglected to pay the
said sum and any part thereof and kept him on false and baseless
promises. Plaintiff has further stated that after waiting sufficient time,
he forwarded his Advocate's letter dated 14th April 2018 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 of
Rs.1,79,219.17ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed the present suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
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3. Heard the Ld. Advocate for the plaintiff.
4. 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
amount of Rs.1,79,219.17ps. from
defendant along with future interest
@ 18% p. a. on the principal sum of
Rs.1,50,000/ 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
5. Plaintiff has filed his evidence in the form of affidavit below
Exh.7. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 24th March 2017
2. Exh.10 Plaintiff's Advocates' letter dated 14th April 2018
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:
6. Plaintiff has filed his evidence in the form of affidavit below
Exh.7 and stated that on 24th March 2017, the defendant executed a
Demand Promissory Note of Rs.1,50,000/ in his favour for valuable
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consideration sum of Rs.1,50,000/ received by the defendant. By the
said Demand Promissory Note the Defendant promised to pay to him
that the said sum of Rs.1,50,000/ alongwith interest thereon @ 18%
per annum on Demand. Plaintiff has further stated that he from time to
time demanded from the defendant the said amount of Rs.1,50,000/
and interest accrued thereon @ 18% per annum. But the defendant,
however, failed and neglected to pay the said sum and any part thereof
and kept him on false and baseless promises. Plaintiff has further stated
on 14th April 2018 recording he forwarded a Demand Notice through his
Advocate to th 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. Plaintiff has further
stated that in the above circumstances he has filed the present suit for
Rs.1,79,219.17ps. and further interest on Rs.1,50,000/ at the rate of
18% per annum from filing of suit till payment and costs.
7. Plaintiff has adduced original Promissory Note, Plaintiff's
Advocate letter, Money Lender Licence, Forms under Bombay Money
Lending Act and copy of 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. Due to all these circumstances, plaintiff
has proved that he is entitled to get sum of Rs.1,79,219.17ps. from
defendant.
8. 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.1,50,000/ 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 amount of Rs.1,79,219.17 ps. to
plaintiff along with interest @ 9% p.a. on the principal sum of
Rs.1,50,000/ 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: 29.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.03.2019
Transcribed on : 29.03.2019
Signed on : 29.03.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.04.2019 At 3:21 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
29.03.2019
Judgment/Order signed by P.O. on 29.03.2019
Judgment/Order uploaded on 05.04.2019
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