Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010101172019
Presented on 03-10-2019
Registered on 16-11-2019
Decided on 23/10/21
Duration Yrs. M. Days
02 00 20
CNR No. MHCC010101172019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1093 OF 2019
Mr. Santosh Nagurao Gadge
of Mumbai an adult, Indian Inhabitant,
aged 27 years, Occupation: Business at
Room No.4, N.M. Gadge Chawl, Makadwala
Compound, Jai Shankar Chawk, Halav Pool
Road, Kurla (W), Mumbai – 400 070. ...Plaintiff.
V/s.
Mrs. Amita Ashok Jadhav
of Matunga West, Mumbai, an adult,
Indian Inhabitant, Aged 50 years,
Occupation service, Having her office
address at
The Mahanagar Telephone Nigam Limited
Employee No.M041750, Dadar Telephone
House, M.T.N.L. Marg, Dadar (West),
Mumbai – 400 028 And
Also having her residence address at M.T.N.L.
Colony, NL/16, Room No.16,
Building No.5, Sector No.15,
Nerul East, Navi Mumbai – 400 706.
....Defendant.
M
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Suit 1093 of 2019 .. J/2 .. Judgment
Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded ex-parte against defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 23rd October, 2021
J U D G M E N T
(Ex-parte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs. 5,00,000/- (Rs. Five Lakh only) alongwith interest on the
principal amount of Rs. 5,00,000/- (Rs. Five Lakh only) from the date of
filing of suit till its realisation.
2. The fact in brief are as follows.
The plaintiff is the Money Lender carrying out the business
of money lending under license. The defendant is serving in The
Mahanagar Telephone Nigam Limited, Employee No.M041750, Dadar
Telephone House, M.T.N.L. Marg, Dadar (West), Mumbai – 400 028.
The plaintiff and defendant are friends. They know each other.
Therefore, the defendant approached the plaintiff for friendly help of
Rs.5,00,000/-. The plaintiff given friendly help to the defendant a sum
of Rs.5,00,000/- (Rs. Five Lakh only) on 02.11.2017. For the security of
payment of back the said friendly help the defendant executed a
promissory note of Rs. 5,00,000/- (Rs. Five Lakh only) in favour of
plaintiff dated to 02.11.2017. The defendant promised to pay to the
plaintiff the sum of Rs.5,00,000/- without interest. When plaintiff
deposited the said promissory note to the Bank same was dishonoured.
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Suit 1093 of 2019 .. J/3 .. Judgment
The defendant promised to pay the principal amount without interest.
But he failed to repay the amount. Inspite of repeated request and
demand by the plaintiff defendant failed and neglected to pay the same.
The plaintiff issued demands and reminders however, the defendant
dishonoured the promissory note without interest. The plaintiff
therefore, filed the present Suit. The Plaintiff prayed for a sum of Rs.
5,00,000/- with further interest on Rs.5,00,000/- (Rs.Five Lakh only)
till the suit is filed. The plaintiff claimed further interest and prayed to
decree the suit.
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 21-02-2020.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.03 and reproduced the contents of his Plaint. The
plaintiff list of document Exh.4. Plaintiff also relied upon the original
document which are filed vide Ex.5 and 06.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.05 dishonoured the demand promissory note and Exh.6
office copy of demand notice dated 07.05.2018 alongwith a postal
receipts a return packet. 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.5,00,000/-, against it issued demand
promissory note of Rs. 5,00,000/- (Rs. Five Lakh only) in favour of
plaintiff. It was dishonoured. The defendant is therefore liable to pay
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Suit 1093 of 2019 .. J/4 .. Judgment
to the plaintiff the said sum of Rs.5,00,000/- without interest because of
friendly help. In spite of repeated request and demand defendant failed
to repay the amount. However, the promissory note was dishonoured.
Even after, he was issued demand Notice, he failed to repay the same.
The defendant inspite of receipt of demand 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 to the plaintiff.
7. It seems that the plaintiff has demanded interest.
Considering the nature of transaction, the defendant is therefore liable
to pay the loan without interest. I therefore, proceed to pass the
following order:
ORDER
1. The Summary Suit no. 1093 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 5,00,000/-(Rs. Five 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.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 23-10-2021 City Civil Court, Gr. MUMBAI
Dictated on : 23-10-2021
Transcribed on : 08-11-2021
Checked on : 09-11-2021
Signed on : 10-11-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Suit 1093 of 2019 .. J/5 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.11.2021 at 05.10 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
23.10.2021
Judgment/order signed by P.O. on 10.11.2021
Judgment/order uploaded on 10.11.2021
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