Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1134/2019
Received on : 06.11.2019
Registered on : 20.11.2019
Decided on : 31.01.2020
Duration : Y M D
00 02 25
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1134 OF 2019
CNR NO.: MHCC01-011400-2019
Shankar Malku Annareddy
Age 39 Yrs.
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. ...Plaintif
Versus
Mayur Kantilal Patel
Age not known of Mumbai, an adult
Indian inhabitant, working for gain with
AO (swm) conservancy dept, Shantinagar Industrial
Plot Rd, H/East Ward, Vakola, Santacruz (E)- 400 055
EC NO:4081410, PC NO: A-5175
And Residing at Jijau Bhavan Chs, Room No.06,
Irla Bridge, Vile parle (W) Mumbai – 400 056 ...Defendant
Appearances:-
Advocate Mr. Ramesh Jain 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 on 2 nd September, 2018, the
defendant executed a Demand Promissory Note in his favour
for valuable consideration being a sum of Rs.2,00,000/-
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.2,00,000/-
alongwith interest thereon @ 18% per annum on demand.
Plaintif has further stated that he 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 him on false and baseless
promises. Plaintif has further stated that after waiting
sufficient time, he forwarded his Advocatens 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.
Plaintif has further stated that in the premises aforesaid,
there is now due and payable by the defendant to him a sum
of Rs.2,37,972.60ps. in accordance with the Particulars of
Claim. Therefore, plaintif led this suit.
2. Defendant failed to appear in the suit, therefore, suit
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has proceeded ex-parte against him.
3. Heard the Ld. Advocate for the plaintif.
4. Following points arise for determination and their
ndings followed by reasons are as stated below.
Sr.
No.
POINTS FINDINGS
1. Whether plaintif is entitled to
get sum of Rs.2,37,972/- from
defendant alongwith interest @
18% p. a. on the sum of
Rs.2,00,000/- from the date of
ling of the suit till its
realisation?
...Partly in the
affirmative.
2. What order and Decree ? ...As per fnal order
REASONS
5. Plaintif relied upon the following documents as
documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Promissory Note dated 2nd September, 2018.
2. Exh.8 Plaintifns Advocatesn letter dated 30th July 2019
alongwith the postal records in connection with
the transmission and delivery thereof.
3. Exh.9 Money Lender Licence.
4. Exh.10 Forms under Bombay Money Lending Act.
5. Exh.11 Books of Accounts.
AS TO POINT NOS. 1 AND 2:
6. Plaintif has led evidence of himself below Exh.5 in the
form of affidavit and he has stated in his evidence that on 2nd
September 2018, the defendant executed a Demand
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Promissory Note of Rs.2,00,000/- in his 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 plaintif that the said sum of Rs.2,00,000/-
alongwith interest thereon @ 18% per annum on demand.
Plaintif has further stated that he 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. Plaintif 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. Plaintif
has further stated that in the above circumstances he led the
present suit for Rs.2,37,972.60ps. and further interest on
Rs.2,00,000/- at the rate of 18% per annum from ling of suit
till payment and costs.
7. Plaintif has adduced Promissory Note, Plaintifns
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 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.2,37,972/- from defendant.
8. It appears that as per Section 34 of the Code of Civil
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Procedure, it will be proper to direct defendant to give interest
@ 9% p.a. on the amount of Rs.2,00,000/- from the date of
ling 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.2,37,972/- to
plaintif along with interest at the rate of 9% p.a. on the
sum of Rs.2,00,000/- from the date of ling 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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:6: Summary Suit No.1134/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2020 At 10:17 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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