Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1074/2019
Received on : 22.10.2019
Registered on : 08.11.2019
Decided on : 03.03.2020
Duration : Y M D
00 04 13
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1074 OF 2019
CNR NO.: MHCC01-010819-2019
Shankar Malku Annareddy
Age : 39 years,
of Mumbai an adult Indian inhabitant
having his address at Room No.11, Gauri
Shankar Nagar, Masrani Lane, Halav Pool Road,
Kurla West Mumbai – 400 070. ...Plaintiff
Versus
Raju Dhondu Sakpal
Age not known of Mumbai, an adult
Indian inhabitant, working for gain with
AO (swm) conservancy dept, Shantinagar Industrial
Plt Rd, H/East Ward, Vakola, Santacruz (E)-400 055
EC NO:4083096,
And residing at Building No.7, Sopangandha Society,
Borivali (East) Mumbai – 400 066 ...Defendant
Appearances:-
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Ex-parte.
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CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO. 14)
DATED : 3rd MARCH, 2020.
[ J U D G M E N T ]
This is a suit filed by plaintiff for recovery of money.
Allegations of plaintiff in short are as under:-
1. Plaintiff has stated that on 2nd October 2018, the defendant
executed a Demand Promissory Note in his favour for valuable
consideration being a sum of Rs.1,50,000/- received by the defendant
from him against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said Demand Promissory Note the
Defendant promised to pay to him the said sum of Rs.1,50,000/-
alongwith interest thereon @ 18% per annum on demand at Mumbai.
Plaintiff has further stated that he from time to time demanded from
the defendant the said amount of Rs.1,50,000/- and interest accrued
thereon @ 18% per annum. The defendant, however, failed and
neglected to pay the said sum and any part thereof and kept him on
false and baseless promises. Plaintiff has further stated that after
waiting sufficient time, he forwarded his Advocate's letter dated 30th
July, 2019, recording the above facts and instructed the Defendant to
comply with the requisitions mentioned in the said letter, within a
period of 48 hours from receipt thereof. Plaintiff has further stated that
in the premises aforesaid, there is now due and payable by the
defendant to him a sum of Rs.1,76,260.27 in accordance with the
Particulars of Claim. Therefore, plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
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proceeded ex-parte against him.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.1,76,260.27 from
defendant alongwith interest @ 18%
p. a. on the sum of Rs.1,50,000/-
from the date of filing of the suit till
its realisation?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
5. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.6 Promissory Note dated 2nd October 2018.
2. Exh.7 Plaintiff's Advocates' letter dated 30th July, 2019
alongwith the postal records in connection with the
transmission and delivery thereof.
3. Exh.8 Money Lender Licence.
4. Exh.9 Forms under Bombay Money Lending Act.
5. Exh.10 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.4 and stated on 2nd October 2018, the defendant executed a
Demand Promissory Note of Rs.1,50,000/- in his favour for valuable
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consideration sum of Rs.1,50,000/- received by the defendant. By the
said Demand Promissory Note the Defendant promised to pay to him
that the said sum of Rs.1,50,000/- alongwith interest thereon @ 18%
per annum on demand. Plaintiff has further stated that he from time to
time demanded from the defendant the said amount of Rs.1,50,000/-
and interest accrued thereon @ 18% per annum. The defendant,
however, failed and neglected to pay the said sum and any part thereof
and kept on false and baseless promises. Plaintiff has further stated that
on 30th July 2019, he forwarded a Demand Notice through his Advocate
to the defendant. The said demand Notice was duly served upon the
defendant. The defendant has not disputed the contents of the said
Notice and not forwarded any reply thereto. Plaintiff has further stated
that in the above circumstances he filed the present suit for
Rs.1,76,260.27ps. and further interest on Rs.1,50,000/- at the rate of
18% per annum from filing of suit till payment and costs.
7. Plaintiff has adduced Promissory Note, Plaintiff's Advocate letter
alongwith postal records, Money Lender Licence, Forms under Bombay
Money Lending Act and Books of Accounts on record as documentary
evidence. The oral evidence of plaintiff is corroborated by documentary
evidence. Defendant has failed to appear and challenge all the
allegations of plaintiff. Due to all these circumstances, plaintiff has
proved that he is entitled to get sum of Rs.1,76,260.27ps. from
defendant.
8. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 6.5% p.a. on the
amount of Rs.1,50,000/- from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
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following Order:-
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.1,76,260.27ps. to plaintiff
along with interest at the rate of 6.5% p.a. on the sum of
Rs.1,50,000/- from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(SONALI P. AGARWAL)
Judge,
Date: 03.03.2020. City Civil Court,
Gr. Bombay.
Dictated on : 03.03.2020
Transcribed on : 03.03.2020
Signed on : 03.03.2020
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:6: Summary Suit No.1074/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.03.2020 At 04:26 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
03.03.2020
Judgment/Order signed by P.O. on 03.03.2020
Judgment/Order uploaded on 05.03.2020
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