Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1110/2019 1
Received on : 17102019
Registered on : 19112019
Decided on : 23012020
Duration : 00Y 03M 08D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1110 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010106672019)
Yallapa Pochchapa Jadhav,
Age: 30 years,
Carrying on business at
Room No.78, Makadwala Chawl,
Jay Shankar Chowk, Masarani
Lane, Halav Pul, Kurla (W),
Mumbai400 070. ....Plaintiff
Versus
Archana Ashok Tambe,
Age: Adult, working for gain with
Naigaon Municipal Maternity Hospital
Desi: Ayah, E.C.No.4269719, S.S.Wagh
Marg, Dadar Mumbai 400 014 and
Residing at Room No.1296, Sangam
Nagar, Chikhalwadi, Antop Hill,
Galli No.2, Wadala, Mumbai400 037. ...Defendant
Appearances:
Advocate Mr.Rajesh M Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 23RD JANUARY 2020
-- 1 of 4 --
SUMMARY SUIT NO.1110/2019 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.2,95,000/
(Rupees Two lakhs Ninety Five Thousand Only) with interest at the rate
of 18% p.a..
2. According to the plaintiff, in consideration of Rs.2,00,000/
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 30.11.2016 in favour of the
plaintiff. By same promissory note the defendant promised to pay
interest at the rate of 18% p.a. on the said sum of Rs.2,00,000/.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand dated 28.09.2019, the defendant
failed to pay the said amount. At the institution of the suit, the amount
due and payable by the defendant was Rs.2,95,000/. Therefore, the
plaintiff claimed decree for recovery of said amount with the 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 with interest as
prayed?
Affirmative
2. What order & decree? As per final order
-- 2 of 4 --
SUMMARY SUIT NO.1110/2019 3
REASONS
AS TO POINTS NO.1 & 2:
5. The plaintiff filed his Claim Affidavit at Exh.7 and also produced
documents with list Exh.8. The Affidavit and the document as
promissory note dtd.30.11.2016 reveal that the defendant executed said
promissory note for Rs.2,00,000/ in favour of the plaintiff and also
promised to pay interest at the rate of 18% p.a.. Copy of license in Form
No.3 shows that the plaintiff is licensed Money Lender. Despite legal
notice dtd.28.09.2019, the defendant failed to pay the amount to the
plaintiff. Thus, the Claim 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 with interest as prayed. Hence, point No.1 is
answered in the Affirmative. 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.2 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.2,95,000/
(Rupees Two lakhs Ninety Five Thousand Only) with simple interest at
the rate of 18% p.a. on principal amount of Rs.2,00,000/ from the date
of suit till realization of the amount.
-- 3 of 4 --
SUMMARY SUIT NO.1110/2019 4
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 23/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 23/01/2020
Transcribed on : 24/01/2020
Signed on : 24/01/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/01/2020 at 5.30p.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 23/01/2020
Judgment/Order signed by P.O. on 24/01/2020
Judgment/Order uploaded on 30/01/2020
-- 4 of 4 --