Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1156/2019
Received on : 09.10.2019
Registered on : 22.11.2019
Decided on : 31.01.2020
Duration : Y M D
00 03 23
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1156 OF 2019
CNR NO.: MHCC01-010365-2019
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 Chowk,
Halav Pool Road, Kurla (W),
Mumbai – 400 070. ...Plaintif
V/s.
Mr. Vishal Narayan Gaikwad
of Sion Mumbai, an adult, Indian
Inhabitant, aged 38 years, Occupation
Service, having his ofce address at
Municipal corporation of greater Mumbai
Employee No.4244552, ps. No.6029, L-ward,
B.M.C. Ofce, Staf- Safai Khatte, 2nd floor,
S.G. Barve Marg, Kurla West Mumbai – 400 070.
And also having his residence address at
Dharavi Pumping House, New Transit Camp,
Room No.8, Sant Rohidas Marg,
Sion Mumbai – 400 017. ...Defendant
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Appearances:-
Advocate Mr. Balbheem Patil for the Plaintif.
Defendant Ex-parte.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 31st JANUARY, 2020.
[ J U D G M E N T ]
Story of plaintif in short is as under :-
1. Plaintif has stated that he is carrying on business at
Room No.4, N.M. Gadge Chawl, Makadwala Compound, Jai
Shankar Chowk, Halav Pool Road, Kurla (W) Mumbai – 400
070.
2. Plaintif has further stated that defendant is residing at
above said address and he is working presently at the above
said address. Whereas, the plaintif and defendant are friends.
They know each other. Therefore, the defendant approached
the plaintif for friendly help of Rs.3,50,000/- on 02.08.2017.
Therefore, the plaintif given Rs.3,50,000/- friendly help to
defendant on 02.08.2017 without interest. For the security of
payment of back of said friendly help the defendant executed
in favour of plaintif, a promissory Note of Rs.3,50,000/- dated
02nd August, 2017 against the loan of Rs.3,50,000/- received
by the defendant from the plaintif on the above said date by
the said promissory note. The defendant had promised to pay
to the plaintif the said sum of Rs.3,50,000/- without interest.
But the defendant failed to pay to the plaintif inspite of
demands and reminders.
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3. Plaintif has further stated that the said promissory note
was dishonoured by the defendant, the plaintif sent a Notice
of demand dated 08th May, 2018 informing the defendant of
the dishonour of the promissory note and calling upon him to
pay to the plaintif the said amount of the promissory note
without interest and the said notice of demand two postal
receipts is annexed. Plaintif has further stated that said
promissory not was dishonored the defendant therefore, liable
to pay to the plaintif the said sum of Rs.3,50,000/- without
interest. The plaintif is not charged interest because it is a
friendly loan. Therefore, plaintif fled this suit.
4. Defendant failed to appear in the suit, therefore, suit
has proceeded ex-parte against him.
5. Heard the Ld. Advocate for the plaintif.
6. Following points arise for determination and their
fndings followed by reasons are as stated below:-
Sr.
No.
POINTS FINDINGS
1. Whether plaintif is entitled to
get sum of Rs.3,50,000/- from
defendant along with interest
on the sum of Rs.3,50,000/-
from the date of decree of the
suit till its realisation?
...In the
affirmative.
2. What order and Decree ? ...As per fnal order
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REASONS
7. Plaintif relied upon the following documents as
documentary evidence which are as under :
Sr. No. Exhibits Particulars
1. Exh.5 Original dishonoured Demand Promissory
Note for Rs.3,50,000/- Dated 2nd August,
2017.
2. Exh.6 Ofce copy of demand notice dated
08.05.2018 alongwith two original postal
receipts and one return packet.
AS TO POINT NOS. 1 AND 2:
8. Plaintif has fled evidence of himself in the form of
afdavit below Exh.3 and stated in his evidence that the
defendant approached him on 2nd August, 2017 for a friendly
help of Rs.3,50,000/- without interest which he had advanced
in cash the said amount of Rs.3,50,000/- on the same day on
execution of on demand promissory note dated 02.08.2017 by
the defendant. And said defendant has signed on demand
promissory Note dated 02.08.2017 in his presence and
delivered to him, acknowledging that he has received an
amount of Rs.3,50,000/- in cash. He has further stated that
the said promissory note dated 02.08.2017 bears signature of
defendant i.e. Mr. Vishal Narayan Gaikwad and said defendant
has signed on the above said original promissory note in his
presence.
9. Plaintif has further stated that he demanded friendly
help amount without interest repeatedly from the defendant.
The defendant failed to pay friendly help amount. Therefore,
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he has given instructions to his Advocate to issue friendly help
demand Notice. Therefore, his Advocate sent demand Notice
on 08.05.2018 but the defendant does not paid friendly help
amount nor the defendant given any reply to his above said
demand notice dated 08.05.2018 and said notice of demand
has been prepared by his Advocate in his presence and also
his Advocate has signed in his presence and said notice bears
his advocates signature and he identifed his advocate
signature on the said demand notice dated 08.05.2018
because he has signed in his presence.
10. Plaintif has adduced original dishonoured Demand
Promissory Note, Ofce copy of Demand Notice alongwith two
original postal receipts and one return packet 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 he is entitled to
get sum of Rs.3,50,000/- from defendant.
11. Plaintif has stated that he is not claiming interest till
date of decree and claiming it from the date of decree. It
appears that as per Section 34 of the Code of Civil Procedure,
1908 it will be proper to direct defendant to give interest at
the rate of 9% p.a. on the amount of Rs.3,50,000/- from the
date of decree of the suit till its realisation. Hence, answer
point No.1 in the afrmative and pass following Order:-
ORDER
1. Suit is decreed with cost.
2. Defendant is directed to pay sum of Rs.3,50,000/- to
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plaintif along with interest at the rate of 9% p.a. on the
sum of Rs.3,50,000/- from the date of decree 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
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2020 At 1:52 p.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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