Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1082/2019 1
Received on : 22-10-2019
Registered on : 08-11-2019
Decided on : 05-02-2020
Duration : 00Y 03M 15D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1082 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-010821-2019)
Kranti Amol Narkar
Age: 40 years
Residing at 9/10/10,
Swami Vivekanand Nagar,
Dr.E.Moses Road, Worli,
Mumbai-400 018. ....Plaintiff
Versus
Sunil N Patnoskar
Age: Adult
Working for gain at Kasturba
Hospital, Sane Guruji Marg,
Sat-Rasta, Mumbai-400 011
And residing at Acworth Municipal
Leprosy, Quarters, Room No.2,
M.P.Marg, Wadala(W),
Mumbai. ...Defendant
Appearances:-
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendant Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 5th February, 2020
-- 1 of 4 --
SUMMARY SUIT NO.1082/2019 2
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,14,104.10/-
(Rupees One Lakh Fourteen Thousand One Hundred Four and Ten paise
Only) with interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.1,00,000/-
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 09.12.2018 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.1,00,000/-.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand dated 14.08.2019, the defendant
failed to pay the said amount. At the institution of the suit, the amount
due and payable by the defendant was Rs.1,14,104.10/-. 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 ex-parte 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
REASONS
AS TO POINTS NO.1 & 2:-
5. The plaintiff filed his Claim Affidavit at Exh.6 and also produced
documents with list Exh.7. The Affidavit and the document as
-- 2 of 4 --
SUMMARY SUIT NO.1082/2019 3
promissory note dtd.09.12.2018 reveal that the defendant executed said
promissory note for Rs.1,00,000/- 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.14.08.2019, 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 Para-499 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 ex-parte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of
Rs.1,14,104.10/- (Rupees One Lakh Fourteen Thousand One Hundred
Four and Ten paise Only) with simple interest at the rate of 18% p.a. on
principal amount of Rs.1,00,000/- from the date of suit till realization
of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 05/02/2020 City Civil Court, Gr. Mumbai
Dictated on : 05/02/2020
Signed on : 10/02/2020
-- 3 of 4 --
SUMMARY SUIT NO.1082/2019 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/02/2020 at 4.50p.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 05/02/2020
Judgment/Order signed by P.O. on 10/02/2020
Judgment/Order uploaded on 17/02/2020
-- 4 of 4 --