Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.681/2018
Received on : 27.06.2018
Registered on : 02.07.2018
Decided on : 02.05.2019
Duration : Y M D
00 10 06
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 681 OF 2018
CNR NO.: MHCC010076582018
Sunkappa Gurappa Jadhav Age 46 Yrs.
of Mumbai, an adult, Indian,
inhabitant, having his address at
Lal Patra Chawl No.251, Room No.10,
Cross Road, DharaviMumbai – 400 017. ...Plaintiff.
Versus
Kundlik Bhagoji Sonawane age not known
of Mumbai an adult Indian inhabitant
Working for gain with Mahanagar Telephone Nigam
Ltd., Telephone Exchange, Wadala, Mumbai – 400 014.
Dep: GEN MGR (N)N2 DesignationPM (OTBP
Employ No.MO43171 Staff No.Mo43171 ...Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 2nd MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that on 2nd July 2015, the defendant executed
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a Demand Promissory Note in his favour for valuable consideration
being a sum of Rs.45,000/ received by the defendant from him against
and on the basis of execution and handing over of the said Demand
Promissory Note. By the said Demand Promissory Note the Defendant
promised to pay to him the said sum of Rs.45,000/ alongwith interest
thereon @ 15% per annum on demand. Plaintiff has further stated that
he from time to time demanded from the defendant the said amount of
Rs.45,000/ and interest accrued thereon @ 15% per annum. The
defendant, however, failed and neglected to pay the said sum and any
part thereof and kept him on false and baseless promises. Plaintiff has
further stated that after waiting sufficient time, he forwarded his
Advocate's letter dated 13th November 2015, recording the above facts,
and instructed the Defendant to comply with the requisitions mentioned
in the said letter, within a period of 48 hours from receipt thereof.
Plaintiff has further stated that in the premises aforesaid, there is now
due and payable by the defendant to him a sum of Rs.64,880.13ps. in
accordance with the Particulars of Claim. Therefore, plaintiff filed this
suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against defendant.
3. Heard the Ld. Advocate for the plaintiff.
4. 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.64,880.13ps. from
...Partly in the
affirmative.
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defendant alongwith interest @ 15%
p. a. on the principal sum of
Rs.45,000/ from the date of filing of
the suit till its realisation ?
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.6. Plaintiff relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Promissory Note dated 02nd July 2015
2. Exh.9 Plaintiff's Advocates' letter dated 13th November
2015 alongwith the postal records in connection
with the transmission and delivery thereof.
3. Exh.10 Money Lender Licence.
4. Exh.11 Forms under Bombay Money Lending Act.
5. Exh.12 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.6 and stated that on 2nd July 2015, the defendant executed a
Demand Promissory Note of Rs.45,000/ in his favour for valuable
consideration sum of Rs.45,000/ received by the defendant. By the said
Demand Promissory Note the Defendant promised to pay to him that
the said sum of Rs.45,000/ alongwith interest thereon @ 15% per
annum on Demand. Plaintiff has further stated that he from time to
time demanded from the defendant the said amount of Rs.45,000/ and
interest accrued thereon @ 15% per annum. The defendant, however,
failed and neglected to pay the said sum and any part thereof and kept
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him on false and baseless promises. Plaintiff has further stated on 13th
November 2015, he forwarded a Demand Notice through his Advocates
to the defendant. The said Demand Notice was duly served upon the
defendant. Plaintiff has further stated that the defendant has not
disputed the contents of the said Notice and not forwarded any reply
thereto. Plaintiff has further stated that in the above circumstances he
filed the present suit for Rs.64,880.13ps. and further interest on
Rs.45,000/ at the rate of 15% per annum from filing of suit till
payment and costs.
7. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, Money Lender Licence, Forms under Bombay
Money Lending Act and copy of Books of Accounts 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.64,880.13ps. from
defendant.
8. 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.45,000/ 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.64,880.13ps. to plaintiff
along with interest @ 9% p.a. on the principal sum of
Rs.45,000/ from the date of filing of the suit till its realisation.
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3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 02.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 02.05.2019
Transcribed on : 02.05.2019
Signed on : 02.05.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.05.2019 At 2:32 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
03.05.2019
Judgment/Order signed by P.O. on 03.05.2019
Judgment/Order uploaded on 20.05.2019
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