Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010101092019
Presented on : 03102019
Registered on : 20112019
Decided on : 27082021
Duration : 1 years, 10 months, 24 days
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 1152 OF 2019
Mr. Santosh Nagurao Gadge
of Mumbai an adult Indian Inhabitant,
aged 27 years, Occupation Money Lender,
carrying said money lending business at
Room No.4, N.M. Gadge Chawl, Makadwala
Compound, Jai Shankar Chowk,
HalavPool Road, Kurla (W), Mumbai 400 070. ...Plaintiff.
V/s.
Mr. Vishwanath Dagdu Sakpal
of Bandra West mumbai, an adult, Indian Inhabitant,
aged 42 years, Occupation Service, having his office
address at Office of the Deputy Controller of
RationingDregion(Upnidpatrak Shidavaatap5)
Alpha Building, 2nd floor, Sardar Road, Near to
B.M.C. Office, Andheri East Mumbai69.
And also having his office address at Niyantrak
Shidhavattap Mumbai/Thane Region, Royal
Insurance Building, 5th floor, 14th J.Tata Marg,
Mumbai 400 020. And also having his residence
Building no.10, Room No. 1764, Government colony,
near to new English School, Bandra East
Mumbai 400 051. ...Defendant.
-- 1 of 5 --
2 Summary suit no. 1152 of 19
Appearance:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 27th AUGUST, 2021.
ORAL ORDER
1. The present Summary Suit is filed by plaintiff for recovery
of sum of Rs. 3,00,000/ (Rs. Three Lakh Only).
2. The fact in brief are as follows.
The plaintiff is carrying out the business. The defendant is
serving in Deputy Controller of Rationing Office, Mumbai. The
defendant obtained financial help from plaintiff. The plaintiff being the
friend of defendant had given friendly loan of Rs.3,00,000/ to the
defendant. The defendant executed the promissory note of Rs.
3,00,000/ (Rs. Three Lakh only) on 02122017. The defendant
promise to pay the principal amount without interest. But he failed to
repay the amount. The plaintiff issued demands and reminders
however, the defendant dishonoured promissory note. The plaintiff
therefore, filed the present Suit. The Plaintiff prayed for a sum of Rs.
-- 2 of 5 --
3 Summary suit no. 1152 of 19
3,00,000/. The plaintiff claimed further without interest and prayed to
decree the suit.
3. The defendant was duly served with writ of summon. He
remain absent and therefore, the suit was proceeded exparte as per
order dated 24012020.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.03 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.5
and 6 colly.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.05 shows that the promissory note was executed by the
defendant in favour of plaintiff and the defendant consented the receipt
of Rs.3,00,000/ and also consented to repay the sum on demand
without interest. The plaintiff further filed the legal notice, vide Ex.6
colly. The legal notice was duly served to the defendant.
6. After going through the documents its seems that the
defendant obtained the loan of Rs.3,00,000/ and executed promissory
note. However, the promissory note was dishonoured. Even after, he
-- 3 of 5 --
4 Summary suit no. 1152 of 19
was issued legal Notice, he failed to repay the same. The defendant
inspite of receipt of legal notice and writ of summons, had choosen to
remain absent. The defendant has failed to challenge the evidence filed
in the Court. The evidence of the plaintiff has gone unchallenged. The
defendant is therefore liable to pay the amount in accordance with that
of promissory note. The principal sum being 3,00,000/. Thus the
decreetal sum was calculated as Rs.3,00,000/. I proceed to pass the
following order
ORDER
1. The Summary Suit no. 1152 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 3,00,000/(Rs. Three Lakh
only) to the plaintiff within three months of this order.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 27082021 City Civil Court, Gr. MUMBAI
Dictated on : 27082021
Transcribed on : 27082021
Signed on : 27082021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 4 of 5 --
5 Summary suit no. 1152 of 19
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27082021 at 5.35 pm
UPLOAD DATE AND TIME (PRATIMA PRASHANT JADHAV)
NAME OF TYPIST
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 27082021
Judgment/order signed by P.O. on 27082021
Judgment/order uploaded on 27082021
-- 5 of 5 --