Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 667/2018 1
Registered on : 28.06.2018
Decided on : 03.02.2019
Duration : 00 07 05
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.667 OF 2018
Mr.Sayalu Hanmanlu Shahapurkar
of Mumbai an adult Indian
Inhabitant aged about 35 years,
Occupation: Mondeylender
having his office and residence
address at Building No. 21B
Room No.412, Hiranandani Akruti,
Lallubhai Compound, Mankhurd,
West, Mumbai 400043. .....Plaintiff
V/s.
Mr.Shamkant Ganpat Lad
of Mumbai an adult, Indian
Inhabitant age 57 years,
Occupation : Service,
having his residence address at
Shahshkiya Dairy Vasahat, Ring No.7
Room No.33, Abdul Gafar Khan Road,
Worli East Mumbai40018,
And also having hIS office address at
General Manager, Greater Mumbai Milk Scheme
Government of Maharashtra, Designation
Boil Helper, Card No.31, Worli, Mumbai400018
And also having his native place residence
address at Shirkhali Post Mirvane, Taluka
Chiplun District Ratnagiri
State of Maharashtra. ....Defendant
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Sum.Suit No. 667/2018 2
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :01/02/2019.
Advocate Mr.B.S.Patil for the plaintiff
Exparte against defendant.
JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.2,27,000/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.2,00,000/ 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 moneylender carrying on
business of money lending under license. The defendant executed a
promissory note of Rs.2,00,000/ in his favour on 12/8/2017 against
the loan amount of Rs.2,00,000/ received by him from the plaintiff.
The defendant promised to pay interest at the rate of 18% p.a. on the
said amount on demand. It is contended that the defendant failed to
pay the aforesaid amount with interest to the plaintiff inspite of
demands and reminders. Ultimately, the plaintiff send a notice on
19/4/2018 to the defendant but he failed to comply the same.
Consequently, the plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5, nonappearance certificate Exhibit 6. Defendant inspite of
service of writ of summons did not appear in the suit.
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Sum.Suit No. 667/2018 3
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 original demand promissory note dated
02/08/2017 for Rs.3,00,000/, Copy of Notice dated 19/4/2018 issued
by the plaintiff to the defendant, copy of moneylending license etc.
5. It is pertinent to mention here that as per the pleadings of the
plaintiff and as per the evidence of PW 1 Mr.Sayalu he gave an amount
of Rs.2,00,000/ to the defendant on 12/8/2017 on interest and that
the defendant executed the promissory note on 12/8/2017. It appears
that the plaintiff has not filed promissory note dated 12/8/2017
showing that he paid Rs.2,00,000/ to the defendants. On going
through the evidence on record it appears that plaintiff has placed
promissory note dated 2/8/2017 for Rs. 3,00,000/ executed by one
Laxman Yashwant Mohite and not by the defendants. Hence, the
pleadings and documents placed on record by the plaintiff do not match
to each other and the evidence placed on record by the plaintiff is not in
consonance with the documents produced on record.
6. Hence, in view of the matter, I reach to the conclusion that the
plaintiff has utterly failed to establish that he gave the amount of
Rs.2,00,000/ to the defendant on 12/8/2017 and that the defendant
executed the promissory note in favour of the defendant. In the result,
suit needs to be dismissed. Hence, following order.
: ORDER :
1. The Summary Suit No.667/18 is dismissed.
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Sum.Suit No. 667/2018 4
2. Decree be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 01/02/2019 City Civil Court, Gr. Bombay
Dictated on : 01/02/2019
Transcribed on : 01/02/2019
Signed on : 04/02/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
4/2/19 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.
01/02/19
Judgment/order signed by P.O on 04/02/19
Judgment/order uploaded on 04/02/19
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