Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1118/2019
Received on : 17.10.2019
Registered on : 19.11.2019
Decided on : 31.01.2020
Duration : Y M D
00 03 15
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1118 OF 2019
CNR NO.: MHCC01-010680-2019
Yallapa Pochchapa Jadhav
Age, 30 years, Indian
Inhabitant, carrying on business at Room No.78
Makadwala Chawl, Jay Shankar Chowk, Masarani
Lane, Halav Pul, Kurla (W), Mumbai – 400 070 ...Plaintif
V/s.
Anant Suryakant Ahire
adult, working for gain with Tata
Institute of Fundamental Research,
Dept. Canteen, Emp.
Code ASA336, Section CNT, Desi:
Work Assistant, Dr. Homi Bhabha Road,
Navy Nagar, Colaba, Mumbai 400 005
and residing at 01, Dhanishtha CHS,
TIRF Colony, Sion-Trombay Road,
Opp. Hotel Golden Gate,
Mumbai 400 067. ...Defendant
Appearances:-
Advocate Mr. Rajesh M. Patil for the Plaintif.
Defendant Ex-parte.
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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 lent and advanced to the
defendant the sum of Rs.2,20,000/- on 16th November, 2016 in
cash with interest at the rate of 18% p.a. for which the
defendant had executed Demand Promissory Note in his
favour.
2. Plaintif has further stated that he on several occasion
orally demanded from the defendant the repayment of the
said amount of Rs.2,20,000/- but the defendant failed and
neglected to pay the same. Hence, the plaintif by his
Advocate’s Notice dated 28th September, 2018 fnally called
upon the defendant to pay the said sum of Rs.2,20,000/- with
up to date interest but defendant failed and neglected either
to pay the said sum or to reply the said demand.
3. Plaintif has further stated that there is now due payable
by the defendant to the plaintif a sum of Rs.2,95,000/- as per
particulars of Claim. 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.
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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 amount of Rs.2,95,000/-
from defendant along with
interest @ 18% p. a. on the sum
of Rs.2,20,000/- from the date of
fling of the suit till its
realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per fnal order
REASONS
7. Plaintif relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Demand Promissory Note of Rs.2,20,000/-
dated 16th November, 2016.
2. Exh.8 Notice of Demand dated 28th September, 2019.
3. Exh.9 Xerox copy of Money Lending Licence year-
2016-2017.
4. Exh.10 Xerox copy of Form No.10.
5. Exh.11 Xerox copy of Cash Entry.
6. Exh.12 Xerox copy of Leger entry.
AS TO POINT NOS. 1 AND 2:
8. Plaintif has fled evidence of himself in the form of
affidavit below Exh.5 and stated that defendant approached
him on 16th November, 2016 for a loan of Rs.2,20,000/- on
interest at the rate of 18% per annum which he had advanced
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in cash, amount of Rs.2,20,000/- on same day on execution of
on demand promissory note by defendant and also received
on same day Form No.10 under the Bombay Money Lending
Act by signing on same as received.
9. Plaintif has further stated that he had demanded loan
amounts and interest repeatedly as defendant failed to pay
even interest amount apart from loan amounts then he issued
his Advocate’s Demand Notice on 28th September, 2019 to
that till today he had not received any reply or amount. After
fling of the suit and after duly service of Writ of Summons by
plaintif upon the defendant till today the defendant has failed
to fle the appearance as prescribed in the Code of Civil
Procedure, 1908 within 10 days neither in person nor through
his Advocate.
10. Plaintif has adduced Demand Promissory Note,
Notice of demand, Xerox copy of Money Lending Licence year-
2016-2017, Xerox copy of Form No.10, Xerox copy of Cash
entry and Xerox copy of Leger entry 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.2,95,000/- from defendant.
11. 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.2,20,000/-
from the date of fling of the suit till its realisation. Hence,
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answer point No.1 partly in the affirmative and pass following
Order:-
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.2,95,000/- to
plaintif along with interest at the rate of 9% p.a. on the
sum of Rs.2,20,000/- from the date of fling 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
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2020 At 10:33 a.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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