Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.Suit No. 747/2018 1
Registered on : 21.07.2018
Decided on : 06.02.2019
Duration : 00 06 15
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.747 OF 2018
John Augustine Gomes,
Aged about 58 years, having his address At 135,
Occ.: Retired
Augustin House, Kirol Village, Vidyavihar West,
Mumbai 400086. .....Plaintiff
V/s.
Mrs.Tejashri Sanjay Bhojne,
Age 38 years, Occupation : Business
Room No.7, 2nd Floor, Francis Pereira House,
Near Police Patel House, Kirol Village,
Vidyavihar (W), Mumbai – 400086. ....Defendant
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :06/02/2019.
Advocate Mr.Bharat Kothari for the plaintiff
Exparte against defendant.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.3,00,000/ alongwith further interest at the rate of 12% p.a.
from the date of filing of the suit till its realization.
2. The facts of the case can be briefly stated as under:
-- 1 of 4 --
Sum.Suit No. 747/2018 2
It is the case of plaintiff that the defendant is the wife of his
friend and she was in need of money and on her request, he paid to her
a sum of Rs.3,00,000/ in two instalments i.e. Rs.1,00,000/ on
06/07/2015 and Rs.2,00,000/ on 08/08/2015. She executed
Promissory Note on 08/08/2015 in favour of plaintiff for the aforesaid
amount. She promised him to repay the same once she will get the
money. He has contended that the defendant has not paid the amount
to him inspite of repeated demand. Consequently, he has filed the
present suit.
3. The plaintiff has filed on record affidavit of service of summons
at Exhibit 5. Defendant inspite of service of writ of summons did not
appear in the suit. Therefore, the suit was proceeded exparte .
4. Plaintiff has filed affidavit of evidence in support of suit claim
at Exhibit 6, in which he has reiterated the contents of plaint,
elaborately. So also, he has filed the List of documents at Exhibit 7. He
has filed the documents like Promissory note dated 8/8/2015, Copy of
Notice sent by him to the defendant on 22/4/2018, etc.
5. As the defendant has failed to put her appearance and contest
the suit therefore, in these circumstances in view of the provisions of
subrule2 of Rule3 of Order XXXVII of C.P.Code, the averments made
by the plaintiff in the plaint are deemed to be admitted. There is
nothing on record to disbelieve the oral and documentary evidence
placed on record by the plaintiff. Hence, in view of the matter, the
plaintiff is entitled for the decree as prayed alongwith interest @ 9%
p.a. from the date of filing of the suit till its realization. In the result,
following order.
-- 2 of 4 --
Sum.Suit No. 747/2018 3
: ORDER :
1. The Summary Suit No.747/18 is decreed with costs.
2. Defendant shall pay to the plaintiff an amount of Rs.3,00,000/
(Rupees Three Lacs) with interest at the rate of 9% p.a. from the date of
filing of the suit till its realization.
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, and by Courier regarding this Exparte decree,
well before filing the execution proceeding, if any against her.
4 Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 06/02/2019 City Civil Court, Gr. Bombay
Dictated on : 06/02/2019
Transcribed on : 06/02/2019
Signed on : 07/02/2019
-- 3 of 4 --
Sum.Suit No. 747/2018 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
7/2/19 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.
6/2/19
Judgment/order signed by P.O on 7/2/19
Judgment/order uploaded on 11/2/19
-- 4 of 4 --