Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT 709/2018 1
Received on : 19062018
Registered on : 11072018
Decided on : 09072019
Duration : 01Y 0M 21D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.709 OF 218
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010073322018
Mr.Kantilal Bastimal Jodhavat
of Mumbai an adult Indian Inhabitant
aged 51 years, Occ.Business
having his address at Room No.1603,
Siddhesh Apartment, Khataralli Lane,
C.P.Tank, Mumbai400 002. ...Plaintiff
Versus
Mr.Sudhakar Maruti Chougule
of Mumbai an adult Indian Inhabitant
aged 51 years, Occ. Service
Having his office address at
Bombay Municipal Corporation
E.C.No.3871337 and P.C.No.2031
AWard, Shahid Bhagat Singh Road,
Fort Mumbai400 001 and also having
his residence address at Dhanshree devi
Chawl, Room No.2, Patkar Compound,
Gaodevi Road, Bhandup Mumbai87. ...Defendant
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SUMMARY SUIT 709/2018 2
Appearances:
Advocate Mr.B.S.Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 9TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.2,93,000/(Rupees Two Lacs
Ninety Three Thousand only).
2. The plaintiff case in nut shell is that on 05/11/2015 plaintiff had
given friendly loan of Rs. 2 lacs to defendant. Defendant had issued a
cheque to repay the said amount. But the cheque was dishonoured.
Thereafter defendant refused to repay the loan. Defendant is in default
of Rs.2,93,000/(Rupees Two Lacs Ninety Three Thousand only).
Hence, this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff proves
that he had given loan of Rs. 2 lacs to
defendant?
Yes
2. Whether the plaintiff proves that
amount of Rs.2,93,000/(Rupees
Yes
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SUMMARY SUIT 709/2018 3
Two Lacs Ninety Three Thousand
only) is due and recoverable from
defendant?
3. Whether the plaintiff is entitled
for recovery of Rs.2,93,000/(Rupees
Two Lacs Ninety Three Thousand
only) along with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NO.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself Vide Exh.6 and filed original
loan receipt, original cheque, copy of demand notice and postal
receipts.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The original loan
receipt, original cheque, copy of demand notice shows that on
05/11/2015 plaintiff had given friendly loan of Rs. 2 lacs to defendant.
Defendant had issued a cheque to repay the said amount. But the
cheque was dishonoured. Thereafter defendant refused to repay the
loan. Defendant is in default of Rs.2,93,000/(Rupees Two Lacs Ninety
Three Thousand only). As far as rate of interest is concerned, the
plaintiff has claimed interest @ 18% p.a. As per section 80 of N.I.Act
such rate of interest can be granted. Therefore, point No.1 to 3 is
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SUMMARY SUIT 709/2018 4
answered as Yes and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay amount of Rs.2,93,000/(Rupees Two Lacs
Ninety Three Thousand only) with interest @ 18% p.a. from the date of
filing of suit till the date of realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 09/07/2019 City Civil Court,Gr. Bombay
Dictated on : 09/07/2019
Transcribed on :10/07/2019
Signed on : 11/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 at 11.05p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
09/07/2019
Judgment/Order signed by P.O. on 11/07/2019
Judgment/Order uploaded on 15/07/2019
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