Interim Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No. 668/2018 1
Registered on : 28.06.2018
Decided on : 01.02.2019
Duration : 00 07 03
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.668 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.Laxman Yashwant Mohite
of Mumbai an adult Indian,
Inhabitant age 56 years,
Occupation Service, having his residence
address at Room No.301, 3rd Floor,
Sai Supara CHS Ltd., Plot No.16,
Sector No.8, Kamothe Navi Mumbai209,
Having his office address at Municipal
Corporation of Greater Mumbai Employee
No.01608643, position No.30059712,
Designation:Labour, Department : Road
Repair Khatte, M/WWard under the Govandi
Bridge, Khadi Bhandar Store, Govandi
West, Mumbai – 400043. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :01/02/2019.
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Sum.Suit No. 668/2018 2
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.3,40,000/ alongwith further interest at the rate of 18% p.a. on
the principal sum of Rs.3,00,000/ 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.3,00,000/ in his favour on 2/8/2017 against the
loan about of Rs.3,00,000/ 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 sent 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.
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
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Sum.Suit No. 668/2018 3
12/8/17 for Rs.2,00,000/, Copy of Notice dated 19/4/18 issued by the
plaintiff to the defendant, copy of money lending license etc.
5. It is pertinent to mention here that as per the pleading in plaint
and evidence of PW 1 Mr.Sayalu he gave an amount of Rs.3,00,000/ to
the defendant on 2/8/2017 on interest and that the defendant executed
the promissory note on 2/8/2017. It appears that the plaintiff has not
filed promissory note dated 2/8/2017 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
12/8/2017 for Rs.2,00,000/ executed by one Shyamkant Ganpat Lad
and not by the defendant. Hence, the pleadings and documents placed
on record by the plaintiff do not match to each other and the
documentary evidence placed on record by the plaintiff is not in
consonance with the pleadings. Therefore, such evidence cannot be
accepted safely.
6. Hence, in view of the matter, I reach to the conclusion that the
plaintiff has utterly failed to establish that he gave an amount of
Rs.3,00,000/ to the defendant on 2/8/2017 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. 668/2018 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
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.
01/02/19
Judgment/order signed by P.O on 4/2/19
Judgment/order uploaded on 4/2/19
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