Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 108 of 2020 ..J/1.. Exparte Judgement
MHCC010135222019
Presented on 21-12-2019
Registered on 14-01-2020
Decided on 19-03-2022
Duration Years Months Days
02 02 29
CNR No. MHCC010135222019
EXH.11
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.108 OF 2020
MR. RITESH NARSINGH KHARATMOL
of Mumbai an adult Indian, Inhabitant
aged about 32 years, Occupation Money
Lender, having his Office and residence
address at L.G./96/05/10, Indra Nagar,
Sundar Baug, Behind Hanuman Mandir,
Kamani Kurla, Mumbai – 400 070. ...Plaintiff.
V/s.
MR. TUKARAM RAMU WAGHMARE
of Mumbai an adult Indian Inhabitant, Aged
about 42 years, Occupation : Service, Having his
residence address at Dr. Babasaheb Ambedkar
Nagar, P. L. Lokhande Marg, Tilak Nagar, S.O.
Nagar, Mumbai – 400 089. And also having his
work place address at Sant Muktabai Municipal
Hospital, Ghatkopar West, Mumbai – 400084. ....Defendant.
Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
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Summary Suit 108 of 2020 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 19th March, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.3,00,000/ (Rupees Three Lacs only).
2. The fact in brief are as follows.
The plaintiff is the Money Lender carrying out the business
of money lending under license. The defendant is serving in BMC,
Mumbai. The plaintiff by way of friendly help gave a sum of
Rs.3,00,000/(Rupees Three Lacs only) on 21.09.2018. To that
defendant executed demand promissory note in favour of plaintiff. The
defendant being friend of plaintiff agreed to repay the amount to the
plaintiff. The defendant issued a cheque. The plaintiff presented the
cheque but it was dishonoured. Inspite of repeated request and demand
by the plaintiff, defendant failed and neglected to pay the same. The
plaintiff issued demands and reminders however, the defendant failed
to pay the amount. The plaintiff therefore, filed the present Suit. The
Plaintiff prayed for a sum of Rs.3,00,000/ and prayed to decree the
suit.
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 16.11.2021.
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Summary Suit 108 of 2020 .. J/3 .. Ex-parte Judgment
4. To substantiate the claim, the plaintiff filed his evidence
affidavit vide Exh.03 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Exh.05
to Exh.09.
5. Heard the Learned Advocate for plaintiff. The perusal of
document Exh.05 the dishnoured cheque shows that the defendant
obtained the amount and gave a cheque to the plaintiff. On presentation
of the cheque, it was dishonoured. The plaintiff further filed the Bank
memo, loan receipt, the demand notice dated 26.10.2019, vide Exh.06
to Exh.09. The legal notice was duly served to the defendant.
6. After going through the documents its seems that the
defendant obtained the loan of Rs.3,00,000/ against it gave a cheque
in favour of plaintiff. In spite of repeated request and demand
defendant failed to repay the amount. Even after, he was issued legal
notice, he failed to repay the same. The defendant inspite of receipt of
legal notice and writ of summons, had choosen to remain absent. The
defendant has failed to challenge the evidence filed in the Court. The
evidence of the plaintiff has gone unchallenged. The defendant is
therefore liable to pay the amount to the plaintiff.
I therefore, proceed to pass the following order:
ORDER
1. The Summary Suit no. 108 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.3,00,000/(Rupees Three
Lacs only) to the plaintiff within 3 months of this order.
3. Decree be drawn up accordingly.
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Summary Suit 108 of 2020 .. J/4 .. Ex-parte Judgment
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 19032022 City Civil Court, Gr. MUMBAI
Direct typed on : 19032022
Checked on : 19032022
Signed on : 21032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Civil Court, Gr. MUMBAI
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Summary Suit 108 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.03.2022 at 5:10 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
19.03.2022
Judgment/order signed by P.O. on 21.03.2022
Judgment/order uploaded on 21.03.2022
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