Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.731/2018
Received on : 07.06.2018
Registered on : 09.07.2018
Decided on : 04.05.2019
Duration : Y M D
00 10 28
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 731 OF 2018
CNR NO.: MHCC010068852018
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. Dashrath Sopan Chilwant
of Mumbai an adult Indian, Inhabitant,
age 42 years, Occupation Service, having
his Office address at Doordarshan kendra
Transport section, designation driver,
Employee Id.481, Pandurang budhkar Marg,
Worli Mumbai – 400 030. And also having his
Residence address at pitamaha Ramji nagar,
Room No.236, Prabuddha seva sangh Bhatwadi,
Ghatkopar west Mumbai – 400 084. ...Defendant.
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Appearances:
Advocate Mr. Balbheem Patil for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that the defendant executed in his favour a
promissory note of Rs.3,50,000/ dated 02.07.2017, against the loan of
Rs.3,50,000/ 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.3,50,000/
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 08th
May, 2018, 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 pay
him the said sum of Rs.3,50,000/ with interest thereon, from the date
of the said promissory note at the rate of interest mentioned in the
promissory note that is 18% per annum the said interest comes to
Rs.57,750/ interest is calculated from 02.07.2017 to 02.06.2018.
Therefore, the total sum due and payable by the defendant comes to
Rs.4,07,750/ as per particulars of claim. Therefore, plaintiff filed this
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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
amount of Rs.4,07,750/ from
defendant along with interest @ 18%
p. a. on the principal sum of
Rs.3,50,000/ 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
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.9 Original dishonoured Demand Promissory Note
for Rs.3,50,000/ Dated 02 nd July, 2017
2. Exh.10 Form No.08 dated 02nd July, 2017.
3. Exh.11 Office copy of demand notice dated 08.05.2018
alongwith original two Postal receipts and one
original return packets and Acknowledgement
Card.
4. Exh.12 Money Lending License of the plaintiff pertaining
to loan period.
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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 02.07.2017
for a loan of Rs.3,50,000/ on interest at the rate 18% per annum which
he had advanced in cash the said amount of Rs.3,50,000/ on the same
day on execution of on demand promissory note dated 02.07.2017 by
Mr. Dashrath Sopan Chilwant the defendant. And said defendant has
also signed on demand promissory note dated 02.07.2017 in his
presence and delivered to him, and also on 02.07.2017 the defendant
signed on form No.8 under the Bombay Money Lenders Act,
acknowledging that he has received an amount of Rs.3,50,000/ 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 02.07.2017
and form No.8 bears signature of the defendant i.e. Mr. Dasharath
Sopan Chilwant and said defendant has signed on the above said
original promissory note and on original Form No.8 in his presence
therefore, he identified the signature of the defendant on the said
promissory note and Form No.8. He has further stated that he had
demanded loan amounts and accrued interest repeatedly from the
defendant. He has further stated that defendant 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
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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 No.8, Office copy of Demand Notice alongwith two postal
receipts and one return packets and Acknowledgement Card, Money
Lending License, 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.4,07,750/ 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.3,50,000/ 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.4,07,750/ to plaintiff
along with interest @ 9% p.a. on the sum of Rs.3,50,000/
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: 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.”
10.06.2019 At 4:31 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 10.06.2019
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