Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 666/2018 1
Registered on : 27.06.2018
Decided on : 02.02.2019
Duration : 00 05 05
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.666 OF 2018
Sanjesh Chunilal Jain Aged 48 yrs.
Of Mumbai, an adult Indian Inhabitant,
having his address at Room No.70,
2nd floor, Swadheshi Market, Kalbadevi
Road, Mumbai – 400002. .....Plaintiff
V/s.
Sunil Sakhram Sakpal
Age not known
of Mumbai an adult Indian Inhabitant
Working for gain with Western Railway
Store Department, Emp.No.12214024, 4th Floor,
Station Building, Head Quarters, Churchgate
Mumbai 400020 And residing at Sai Sarshan
Building, 1st Floor, Room No. 105, Kalher,
Bhiwandi, Thane. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :02/02/2019.
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.61,860/ alongwith further interest at the rate of 18% p.a. on the
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Sum.Suit No. 666/2018 2
principal sum of Rs.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. The defendant executed Promissory Note in his favour for
valuable consideration of Rs.50,000/ as received by him from the
plaintiff. The defendant promised to pay interest on the said amount @
18% p.a. on demand. The plaintiff from time to time demanded the said
amount alongwith accrued interest thereon, but the defendant failed
and neglected to pay the same to the plaintiff. Ultimately, the plaintiff
issued a letter through advocate to the defendant on 14/4/2018, but
the defendant failed and neglected to comply the same. Consequently,
the present suit is filed.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5, nonappearnace certificate at Exhibit 6. Defendant inspite of
service of writ of summons did not appear in the suit.
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 Promissory note dated 28/12/16, copy of
letter dated 14/4/2018 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
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Sum.Suit No. 666/2018 3
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.666/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.61,860/
(Rupees Sixty One thousand Eight hundred and Sixty) with interest on
the principal amount of Rs.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 : 02/02/2019 City Civil Court, Gr. Bombay
Dictated on : 02/02/2019
Transcribed on : 02/02/2019
Signed on : 04/02/2019
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Sum.Suit No. 666/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/2/19 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.
2/2/19
Judgment/order signed by P.O on 4/2/19
Judgment/order uploaded on 4/2/19
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