Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1153/2019 1
Received on : 03102019
Registered on : 22112019
Decided on : 12022020
Duration : 00Y 04M 11D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1153 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010101182019)
Mr.Santosh Nagurao Gadge
of Mumbai, Age: 27 years,
Occupation: Business
at Room No.4, N.M.Gadge
Chawl, Makadwala Compound,
Jai Shankar Chowk, Halav Pool Road,
Kurla(W),Mumbai400 070. ....Plaintiff
Versus
Mr.Rajesh Paljibhai Padaya,
of Pawai Mumbai,
Age:42years, Occupation:Service,
Having his office address at
Municipal Corporation for
Greater Mumbai, Employee
No.4265007, PS No.6026, LWard,
B.M.C.office, SaffSafai Khatte, 2 nd
floor, S.G.Barve Marg, Kurla West,
Mumbai400 070, And also having
his residence address at Om Sai
Niwas Building No.18, Room No.407,
J.V.Link Road, Opp: L.&T.M.M.R.D.
Milind Nagar, Pawai, Tunga Gaon
Mumbai72. ...Defendant
Appearances:
Advocate Mr.B.S.Patil for the Plaintiff.
Defendants Exparte.
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CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 12th FEBRUARY 2020
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.5,00,000/
(Rupees Five Lakhs Only) with pendente lite and future interest.
2. According to the plaintiff, in consideration of Rs.5,00,000/
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 02.09.2017 in favour of the
plaintiff. By same promissory note the defendant promised to pay to the
plaintiff said amount of Rs.5,00,000 without interest. However, the
defendant failed to pay the said amount to the plaintiff inspite of
demands. Despite legal notice of demand dated 08.05.2018, the
defendant failed to pay the said amount. Therefore, the plaintiff
claimed decree for recovery of said amount with pendente lite and
future interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded exparte against the Defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled to recovery
of the amount ?
Affirmative
2. At What Pendente Lite and future interest? 8% p.a.
3. What order & decree? As per final order
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SUMMARY SUIT NO.1153/2019 3
REASONS
AS TO POINTS NO.1 to 3:
5. The plaintiff filed his Evidence Affidavit at Exh.6 and also
produced documents with list Exh.7. The Affidavit and the document as
promissory note dtd.02.09.2017 reveal that the defendant executed said
promissory note for Rs.5,00,000/ in favour of the plaintiff. The
Promissory Note mentions about interest at the rate of 18% p.a.. But the
plaintiff has come with clear pleading that the amount was to be repaid
without any interest. The particulars of claim as filed on behalf of the
plaintiff also shows that only the principal amount of Rs.5,00,000/ has
been claimed and no amount towards the past interest is claimed.
However, the plaintiff has prayed pendente lite and future interest.
Despite legal notice dtd.08.05.2018, the defendant failed to pay the
amount to the plaintiff. Thus, the Evidence Affidavit, documents on
record and the circumstance that defendant failed to appear and
contest/challenge the suit, proved the case of the plaintiff. Therefore,
the plaintiff is entitled to recovery of the amount. It is just and proper to
grant pendente lite and future interest at the rate of 8% p.a.. Hence,
point No.1 is answered in the Affirmative. Whereas point No.2 is
answered as 8% p.a.. In view of Para499 of Civil Manual Court fees has
to be refunded to the plaintiff, this being summary suit where the
defendant did not appear. In answer to point No.3 order as follows is
passed:
ORDER
1. The suit is exparte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.5,00,000/
(Rupees Five Lakh Only) with simple interest at the rate of 8% p.a. from
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SUMMARY SUIT NO.1153/2019 4
the date of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 12/02/2020 City Civil Court, Gr. Mumbai
Dictated on : 12/02/2020
Signed on : 13/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
13/02/2020 at 5.40p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 12/02/2020
Judgment/Order signed by P.O. on 13/02/2020
Judgment/Order uploaded on 13/02/2020
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