Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1073/2019
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. 1073 OF 2019
CNR NO.: MHCC01-010820-2019
Kranti Amol Narkar
Age : 40 years,
Mumbai an adult Indian inhabitant
having her address at 9/10/10, Swami Vivekanand
Nagar, Dr. E. Moses Road, Worli, Mumbai – 400 018 ...Plaintiff
Versus
Sunil N. Patnoskar
Age not known
of Mumbai an adult Indian inhabitant
working for gain at Kasturba Hospital,
Sane Guruji, Sat-Rasta, Mumbai – 400 011.
And residing at Acworth Municipal
Leprosy, Quarters, Room No.2, M.P. Marg,
Wadala (w), Mumbai – 400 031. ...Defendant
Appearances:-
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Ex-parte.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO. 14)
DATED : 3rd MARCH, 2020.
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[ 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 20th December, 2018, the defendant
executed a Demand Promissory Note in her favour for valuable
consideration being a sum of Rs.2,00,000/- received by the defendant
from her 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 her the said sum of Rs.2,00,000/-
alongwith interest thereon @ 18% per annum on demand at Mumbai.
Plaintiff has further stated that she from time to time demanded from
the defendant the said amount of Rs.2,00,000/- and interest accrued
thereon @ 18% per annum. The defendant, however, failed and
neglected to pay the said sum and any part thereof and kept her on
false and baseless promises. Plaintiff has further stated that after
waiting sufficient time, she forwarded her Advocate's letter dated 14th
August, 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.
2. Plaintiff has further stated that defendant has failed and
neglected to comply with the requisition thereof and have also not
controverted the contents of the said letter. Plaintiff has further stated
that in the premises aforesaid, there is now due and payable by the
defendant to her a sum of Rs.2,27,221.91ps. in accordance with the
Particulars of Claim. Therefore, plaintiff filed this suit.
3. Defendant failed to appear in the suit, therefore, suit has
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proceeded ex-parte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. 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.2,27,221.91ps. from
defendant alongwith interest @ 18%
p. a. on the sum of Rs.2,00,000/-
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
6. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.6 Promissory Note dated 20th December, 2018.
2. Exh.7 Plaintiff's Advocates' letter dated 14th August, 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:
7. Plaintiff has adduced evidence of PW1- Amol Narkar, her
Constituted Attorney below Exh.4 in the form of affidavit and he has
stated in his evidence that on 20th December, 2018, the defendant
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executed a Demand Promissory Note of Rs.2,00,000/- in plaintiff’s
favour for valuable consideration sum of Rs.2,00,000/- received by the
defendant. By the said Demand Promissory Note the Defendant
promised to pay to the plaintiff the said sum of Rs.2,00,000/- alongwith
interest thereon @ 18% per annum on demand. He has further stated
that plaintiff from time to time demanded from the defendant the said
amount of Rs.2,00,000/- 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. He
has further stated that on 14th August, 2019, the plaintiff forwarded a
Demand Notice through plaintiff’s Advocates 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. He has further stated that in the above circumstances the
plaintiff filed the present suit for Rs.2,27,221.91ps. and further interest
on Rs.2,00,000/- at the rate of 18% per annum from filing of suit till
payment and costs.
8. 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 she is entitled to get sum of Rs.2,27,221.91ps. from
defendant.
9. 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
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amount of Rs.2,00,000/- from the date of filing of the suit till its
realisation. Hence, 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.2,27,221.91ps. to plaintiff
along with interest at the rate of 6.5% p.a. on the sum of
Rs.2,00,000/- 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.1073/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.03.2020 At 04:24 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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