Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Suit No.11052019 Exparte Judgment 1
Lodged on : 05.10.2019
Registered on : 16.11.2019
Decided on : 22.02.2022
Duration : 01Y 21M 06D
Exhibit 9
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUM. SUIT NO.1105 OF 2019
(CNR NO. MHCC010102102019)
Mr.Balu Gangaram Aarote, aged 30 years
Indian Inhabitant residing and carrying
business at Margu Sheth Chawl, Bouddha
Colony, Pipe Line Road, Kurla (West),
Mumbai400070. … Plaintiff
Vs.
Shri.Umesh Sonu Kadam, an adult, working
for gain At Mumbai Port Trust, G.W.N.D.
Office Kala Chowky Mumbai400037 and
residing 35/38 Old, BPT Colony, Nadkarni
Park, Wdala, Mumbai400037. ...Defendant
Appearances:
Ld.Adv.Mr.Balbhim S.Patil for plaintiff.
None for Defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 22nd February, 2022
EXPARTE JUDGMENT
1. This is the suit for recovery of an amount of Rs.1,19,500/ with
interest at the rate of 18% p.a.
2. Brief facts of the case are as under:
The plaintiff is resident of Bombay. He has advanced amount of
Rs.1,00,000/ on 18/6/2018 to defendant with 18% p.a. interest. For
that the defendant had executed Demand Promissory Note in favour of
plaintiff. Thereafter, on several occasions the plaintiff has demanded
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Suit No.11052019 Exparte Judgment 2
said amount from the defendant but he neglected and failed to pay the
amount. Accordingly, the advocate of plaintiff issued notice. The said
notice is duly served to defendant inspite of that the defendant failed to
pay amount. Therefore, the suit is filed for the recovery of due amount.
As per statement of the plaintiff as on the date of suit the due amount is
Rs.1,19,500/.
3. Summons is duly served to defendant but failed to appear on
record. Therefore, as per Roznama dated 15/11/2021 the suit is
proceeded exparte against him.
4. Plaintiff has filed Claim affidavit at Exhibit 6 and documents i.e.
Promissory Note, Form No.10, copy of notice, closed envelope,
moneylending license etc. Below Exhibit 7. From documents and
pleadings following points arise for consideration to which I have given
reasons before them:
Sr.No. POINTS FINDINGS
1 Does plaintiff prove that Rs.1,00,000/ is
due from defendant ? In the affirmative
2. Does plaintiff entitled for 18% p.a.
interest on due amount ?
In the affirmative
3. Is plaintiff entitled for due amount of
Rs.1,19,500/ with interest as sought by
him ?
In the affirmative
4. What order and decree ? Suit is decreed with
costs
REASONS
AS TO POINT NO. 1 TO 3
5. Plaintiff has filed affidavit of witness Balu Aarote, and he has
reiterated the facts of the plaint. In support the plaintiff has filed
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Suit No.11052019 Exparte Judgment 3
Demand Promissory Note and Form No.10 which bears signature of
Umesh Sonu Kadam i.e. defendant. It appears that plaintiff has given
Rs.1,00,000/ to defendants. Plaintiff has also shown 18% p.a. interest
thereon and same is written on Promissory Note. From the contents of
Promissory Note it can be said that the rate of interest was agreed
between the parties. However, under Section 80 of the Negotiable
Instruments Act, promissory note is a Negotiable Instrument and on
default of that instrument plaintiff is entitled to recover 18% interest
rate on amount. The plaintiff has produced copy of notice alongwith
closed envelope. Inspite of service of notice the defendant failed to pay
due amount, even after receiving of summons the defendant failed to
pay amount. From documents oral evidence the plaintiff prove 18% p.a.
interest on due amount. Therefore, as on the date of suit the plaintiff
has calculated total amount of Rs.1,19,500/. Accordingly, I answer to
point no.1 to 3 in the affirmative and proceed to pass following order:
ORDER
1. Suit is decreed with costs.
2. Defendant do pay amount Rs.1,19,500/ alongwith
interest at the rate of 18%p.a. from the date of suit till the
realisation of amount within 6 months from the date of this
order.
3. Decree be drawn up accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 22/02/2022 City Civil Court, Gr. Bombay
Dictated on : 22/02/2022,
Transcribed on : 24/02/2022,
HHJ signed on :01/03/2022
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Suit No.11052019 Exparte Judgment 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
02/03/2022 5.50p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
22/02/2022
JUDGEMENT /ORDER signed by P.O. on 01/03/2022
JUDGEMENT /ORDER uploaded on 01/03/2022
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