Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1131/2019
Received on : 29.06.2018
Registered on : 20.11.2019
Decided on : 31.01.2020
Duration : Y M D
01 07 02
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1131 OF 2019
CNR NO.: MHCC01-007822-2018
Swati Sahebrao Gadge
Age 30 years,
of Mumbai an adult Indian inhabitant
having her address at Room No.11,
Stany Chawl, Wadia Estate, Kurla (West),
Mumbai – 400 070. ...Plaintif
Versus
Sanjay Shivram Gamre
age not known of Mumbai an adult Indian
inhabitant working for gain with BMC, “L” Ward,
Conservancy Department, S.G. Barve Marg,
Kurla (West), Mumbai – 400 070. Emp No.4042949.
An also residing at Panchasheel Nagar Seva Sangh,
Near Aanik Depot, Pratiksha Nagar,
Sion Koliwada Mumbai – 400 037. ...Defendant
Appearances:-
Advocate Mr. Ramesh Jain for the Plaintif.
Defendant Ex-parte.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO. 14)
DATED : 31st JANUARY, 2020.
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[ J U D G M E N T ]
Story of plaintif in short is as under :-
1. Plaintif has stated that on 5th July, 2015, the defendant
executed a Demand Promissory Note in her favour for valuable
consideration being a sum of Rs.2,50,000/- received by the
defendant from her 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
her the said sum of Rs.2,50,000/- alongwith interest thereon @
18% per annum on demand. Plaintif has further stated that
she from time to time demanded from the defendant the said
amount of Rs.2,50,000/- and interest accrued thereon @ 18%
per annum. The defendant, however, failed and neglected to
pay the said sum and any part thereof and kept her on false
and baseless promises. Plaintif has further stated that after
waiting sufcient time, she forwarded her Advocate's letter
dated 23rd June, 2018, 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. Plaintif has further stated that in the premises
aforesaid, there is now due and payable by the defendant to
her a sum of Rs.3,83,767.12ps. in accordance with the
Particulars of Claim. Therefore, plaintif led this suit.
2. Defendant failed to appear in the suit, therefore, suit
has proceeded ex-parte against him.
3. Heard the Ld. Advocate for the plaintif.
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4. Following points arise for determination and their
ndings followed by reasons are as stated below.
Sr.
No.
POINTS FINDINGS
1. Whether plaintif is entitled to
get sum of Rs.3,83,767/- from
defendant alongwith interest @
18% p. a. on the sum of
Rs.2,50,000/- from the date of
ling of the suit till its
realisation?
...Partly in the
affirmative.
2. What order and Decree ? ...As per fnal order
REASONS
5. Plaintif relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Promissory Note dated 5th July 2015.
2. Exh.8 Plaintif's Advocates' letter dated 23rd June 2018
alongwith the postal records in connection with
the transmission and delivery thereof.
3. Exh.9 Money Lender Licence.
4. Exh.10 Forms under Bombay Money Lending Act.
5. Exh.11 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintif has led evidence of Priya Dhuri, her
Constituted Attorney below Exh.5 in the form of afdavit and
she has stated in her evidence that on 5th July 2015, the
defendant executed a Demand Promissory Note of
Rs.2,50,000/- in plaintiffs favour for valuable consideration
sum of Rs.2,50,000/- received by the defendant. By the said
Demand Promissory Note the Defendant promised to pay to
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plaintif the said sum of Rs.2,50,000/- alongwith interest
thereon @ 18% per annum on demand. She has further stated
that plaintif from time to time demanded from the defendant
the said amount of Rs.2,50,000/- and interest accrued thereon
@ 18% per annum. The defendant, however, failed and
neglected to pay the said sum and any part thereof and kept
on false and baseless promises. She has further stated that on
23rd June, 2018, plaintif forwarded a Demand Notice through
plaintiffs Advocates to the defendant. The said demand
Notice was duly served upon the defendant. The defendant
has not disputed the contents of the said Notice and not
forwarded any reply thereto. She has further stated that in the
above circumstances plaintif led the present suit for
Rs.3,83,767.12ps. and further interest on Rs.2,50,000/- at the
rate of 18% per annum from ling of suit till payment and
costs.
7. Plaintif has adduced Promissory Note, Plaintif's
Advocate letter alongwith postal records, Money Lender
Licence, Forms under Bombay Money Lending Act and Books
of Accounts on record as documentary evidence. The oral
evidence of plaintif is corroborated by documentary evidence.
Defendant has failed to challenge all the allegations in the
plaint and evidence of plaintif. Therefore, plaintif has proved
that she is entitled to get sum of Rs.3,83,767/- 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.2,50,000/- from the date of
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ling of the suit till its realisation. Hence, answer point No.1
partly in the afrmative and pass following Order:-
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.3,83,767/- to
plaintif along with interest at the rate of 9% p.a. on the
sum of Rs.2,50,000/- from the date of ling of the suit till
its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(SONALI P. AGARWAL)
Judge,
Date: 31.01.2020. City Civil Court,
Gr. Bombay.
Dictated on : 31.01.2020
Transcribed on : 31.01.2020
Signed on : 31.01.2020
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:6: Summary Suit No.1131/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2020 At 10:22 a.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ SONALI P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
31.01.2020
Judgment/Order signed by P.O.
on
31.01.2020
Judgment/Order uploaded on 17.02.2020
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