Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.730/2018
Received on : 07.06.2018
Registered on : 19.07.2018
Decided on : 04.05.2019
Duration : Y M D
00 10 28
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 730 OF 2018
CNR NO.: MHCC010068812018
Mr. Subhash Yelappa Kutade
of Mumbai an adult Indian,
Inhabitant aged about 33 years,
Occupation Money Lender,
having his Office and residence
address at Room No.14, Navjivan
Seva Society, Shivneri Nagar,
Shingrewadi, Bailbazar,
Kurla West Mumbai 400 070.
(Mobile No.9967155818) ….Plaintiff
Versus
Mr. Sunil Prabhubhai Solanki
of Mumbai an adult Indian, Inhabitant,
age 42 years, occupation service, having
his office address at C.H.I. Office, medical
department, employee code No.00201893920,
BB Class, IV Staff medical, Nirmal Park,
SI Colony, Opp: chinchpokali Station
Mumbai – 400 027 and also having his
Residence address at Railway Vasahat
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Central railway, wadi Bunder, Maharashtra Chawl,
Room No.K42, Building No.type,
Mumbai – 400 009. ...Defendant.
Appearances:
Advocate Mr. Balbheem Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 04th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that defendant executed in his favour a
promissory note of Rs.3,00,000/ dated 17.07.2017, against the loan of
Rs.3,00,000/ received by the defendant from him on the above said
date, by the said promissory note. Plaintiff has further stated that
defendant had promised to pay to him the said sum of Rs.3,00,000/
with interest thereon at the rate of 18% per annum on demand. But the
defendant failed to pay to him inspite of demands and reminders.
2. Plaintiff has further stated that the said promissory note was
dishonoured by the defendant, the plaintiff sent a notice of demand
dated 08th May 2017, informing the defendant of the dishonor of the
promissory note and calling upon him to pay to him the said amount of
the promissory note with interest thereon, and the said notice of
demand with two postal receipts. Plaintiff has further stated that the
said promissory note was dishonoured the defendant therefore, liable to
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pay him the said sum of Rs.3,00,000/ with interest thereon, from the
date of the said promissory note at the rate of interest mentioned in the
promissory note i.e. 18% per annum the said interest comes to
Rs.45,000/ (Interest is calculated from 17.07.2017 to 17.05.2018).
Therefore, the total sum due and payable by the defendant comes to
Rs.3,45,000/ as per the particulars of claim. Therefore, plaintiff filed
this suit.
3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. 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
sum of Rs.3,45,000/ from defendant
along with interest @ 18% p. a. on
the principal sum of Rs.3,00,000/
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
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
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Sr.
No.
Exhibits Particulars
1. Exh.9 Original dishonoured Demand Promissory Note for
Rs.3,00,000/ Dated 17 th July, 2017.
2. Exh.10 Form No.10 dated 17th July, 2017
3. Exh.11 Office copy of demand notice dated 08.05.2018 along
with original postal receipts and one original return
packet and Acknowledgement Card.
4. Exh.12 Money Lending License of the plaintiff pertaining to
loan period.
5. Exh.13 Cash Book.
6. Exh.14 Ledger Book.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.7 and stated that defendant approached him on 17.07.2017
for a loan of Rs.3,00,000/ on interest at the rate 18% per annum which
he had advanced in cash the said amount of Rs.3,00,000/ on the same
day on execution of on demand promissory note dated 17.07.2017 by
Mr. Sunil Prabhubhai Solanki, the defendant. And the said defendant
has also signed on demand promissory note dated 17.07.2017 in his
presence and delivered to him, and also on 17.07.2017 the defendant
signed on Form under the Bombay Money Lenders Act, acknowledging
that he has received an amount of Rs.3,00,000/ in cash by way of loan
with interest at the rate 18% per annum in his presence. He has further
stated that the said promissory note dated 17.07.2017 and Form bears
signature of the defendant i.e. Mr. Sunil Prabhubhai Solanki and said
defendant has signed on the above said original promissory note and on
original Form in his presence therefore, he identified the signature of
the defendant on the said promissory note and Form. He has further
stated that he had demanded loan amounts and accrued interest
repeatedly from the defendant. He has further stated that defendant
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failed to pay even accrued interest amount apart from the loan amount
therefore, he has given instructions to his Advocate to issue loan
demand notice along with accrued interest therefore, his Advocate sent
demand notice on 08.05.2018 but the defendant has not paid loan
amount and accrued interest thereof, nor the defendant given any reply
to his above said demand notice dated 08.05.2018 and said notice of
demand has been prepared by his Advocate in his presence and also his
Advocate has signed in his presence and said notice bears his Advocates
signature.
8. Plaintiff has adduced original dishonoured Demand Promissory
Note, Form dated 17th July, 2017, Office copy of Demand Notice
alongwith original two postal receipts and one original packet and
Acknowledgement Card, Money Lending License of the plaintiff, Cash
Book and Ledger Book 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.3,45,000/ from defendant.
9. 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.3,00,000/ 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.3,45,000/ to plaintiff
along with interest @ 9% p.a. on the principal sum of
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Rs.3,00,000/ 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: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
12.06.2019 At 5:01 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
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 12.06.2019
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