Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.702/2018
Received on : 06.06.2018
Registered on : 11.07.2018
Decided on : 03.05.2019
Duration : Y M D
00 10 28
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 702 OF 2018
CNR NO.: MHCC010067732018
Yallappa Pochappa Jadhav
Age 28 yrs.
Of Mumbai an adult Indian inhabitant
having his address at Jai Shankar Chowk, Halav Pool,
Room No.78, Makadwala Chawl, Masrani Lane, Kurla
West, Mumbai – 400 070. ...Plaintiff
Versus
Smita Sunil Kulkarni Age not known
Of Mumbai, an adult Indian inhabitant,
working for gain with Western Railway
Division Railway Manager Office, Borivali, Mumbai,
Reservation Supervisor E.n.13615745 Salary Slip
No.00040 And residing at L/701, Sahyadri CHS, Sadguru
Nagar, Devi Pada Borivali (E), Mumbai – 400 066. Defendant.
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 3rd MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
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1. Plaintiff has stated that on 5th July 2016, the defendant executed
a Demand Promissory Note in his favour for valuable consideration
being a sum of Rs.500,000/ 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.5,00,000/
alongwith interest thereon @ 18% per annum on demand at Mumbai.
Plaintiff has further stated that he from time to time demanded from
the defendant the said amount of Rs.5,00,000/ 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. Plaintiff has further stated that after
waiting sufficient time, he forwarded his Advocate's letter dated 26th
May 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 a sum of Rs.6,72,602.73 in accordance with the
Particulars of Claim. Therefore, plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below:
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Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.6,72,602.73ps. from
defendant alongwith interest @ 18%
p. a. on the principal sum of
Rs.5,00,000/ 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 relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Promissory Note dated 5th July 2016
2. Exh.10 Plaintiff's Advocates' letter dated 26th May, 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 evidence of himself in the form of affidavit
below Exh.7 and stated that on 5th July, 2016, the defendant executed a
Demand Promissory Note of Rs.5,00,000/ in his favour for valuable
consideration sum of Rs.5,00,000/ received by the defendant. By the
said Demand Promissory Note the Defendant promised to pay to him
that the said sum of Rs.5,00,000/ 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.5,00,000/
and interest accrued thereon @ 18% per annum. The defendant,
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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 26th May 2018, he forwarded a Demand Notice through his
Advocates to the defendant. The said Demand Notice was duly served
upon the defendant. Plaintiff has further stated that 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 filed the present suit for Rs.6,72,602.73ps. and further
interest on Rs.5,00,000/ at the rate of 18% per annum from filing of
suit till payment and costs.
7. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, 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. Therefore, plaintiff
has proved that he is entitled to get sum of Rs.6,72,602.73ps. 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.5,00,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.6,72,602.73ps. to plaintiff
along with interest @ 9% p.a. on the sum of Rs.5,00,000/
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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: 03.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 03.05.2019
Transcribed on : 03.05.2019
Signed on : 03.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.05.2019 At 3:51 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
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 20.05.2019
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