Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 02.01.2020
Registered on : 14.02.2020
Decided on : 01.10.2021
Duration : 01Y 08M 29D
EXHIBIT 10
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 105 OF 2020
( CNR No.MHCC010000752020)
JANAPPA SAGYA KUNCHIKORVE ]
Age 40 years of Mumbai an adult ]
Indian Inhabitant having his address ]
at A.K.G. Nagar, Shop No.1, 60 Feet ]
Road, Shopping Centre, Dharavi, ]
Mumbai 400 017. ].. Plaintiff.
V/s.
SUNIL V. SARMALKAR ]
Age not known of Mumbai an adult ]
Indian Inhabitant working for gain ]
with I.M.U. Rohb Shop, Work Shop ]
Matunga, Central Railway Matunga ]
TN No. 00569770 Matunga, ]
Designation: Filter, Residing at ]
Anandashram, Mahim Road, ]
Sarmalkar Chaw, Palghar (West), ]
Dist: Thane. ]..Defendant.
Advocate Mr. Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 1ST OCTOBER, 2021
-- 1 of 6 --
2
JUDGMENT
The suit is instituted for recovery of amount of Rs.
88,109.58ps. along with interest on the amount of Rs. 60,000/– at the
rate of 18% per annum from the date of institution of the suit till
realisation of the total decreetal amount.
2. It is the case of plaintiff that he is authorised moneylender.
Defendant executed a demand promissory note in favour of plaintiff on
25/04/2017 and borrowed the amount of Rs.60,000/– from the
plaintiff. Defendant agreed to pay interest at the rate of 18% per
annum on demand. Plaintiff demanded the principal amount and
interest thereon from time to time to defendant but defendant failed to
pay the same. Hence plaintiff through his advocate issued a letter to
defendant demanding the amount on 15/07/2019. Defendant received
the same but did not pay the amount to plaintiff. Hence, plaintiff was
constrained to institute the present suit.
3. It is the case of plaintiff that on the date of institution of
the suit amount of Rs. 88,109.58ps. was due to him from the defendant
along with interest on the amount of Rs. 60,000/ from the date of
institution of the suit till realisation of the total decreetal amount.
4. The summons of the suit was duly served upon the
defendant on 10/02/2020. However, defendant failed to appear before
the Court. Hence, suit proceeded ex parte against the defendant.
Service affidavit is filed at Exhibit3.
5. Considering the plaint, documents on record and claim
affidavit filed by plaintiff, following points arise for my determination
and my findings to them are as stated below for the following reasons.
-- 2 of 6 --
3
Sr.
No
POINTS FINDINGS
1 Whether the plaintiff proves that defendant
executed a demand promissory note in
favour of plaintiff for value of Rs. 60,000/–
and agreed to pay interest at the rate of 18%
per annum on the said amount?
In the
Affirmative
2 Whether plaintiff is entitled to the amount of
Rs.88,109.58 along with interest on the
amount of Rs. 60,000/– at the rate of 18%
per annum from the date of institution of the
suit till realisation of the total decreetal
amount?
In the
Affirmative
3 What Order and decree ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3:
6. The plaintiff has filed a claim affidavit at Exhibit4. The
plaintiff has filed original demand promissory note executed by the
defendants on 25/04/2017 at Exhibit5. It is duly stamped and signed
by the defendant. It shows that amount of Rs. 60,000/ was advanced
by plaintiff to defendant and defendant agreed to pay interest at the
rate of 18% per annum on the said amount. Plaintiff has filed on record
a letter issued by his advocate to the defendant demanding the amount
at Exhibit6 . The plaintiff has produced a copy of his moneylending
license at Exhibit7 . The plaintiff has produced a copy of Form No. 8
-- 3 of 6 --
4
produced at Exhibit8. Lastly plaintiff has produced extract of his
ledger at Exhibit9 , which shows that on 25/04/2017, amount of Rs.
60,000/ was paid to the defendant with interest at the rate of 18% per
annum. All the above documents produced on record by the plaintiff
are supported by his claim affidavit.
7. The defendant, though duly served with the summons of
the suit, failed to appear before the court and contest the claim of
plaintiff. Therefore, the oral and documentary evidence produced by
plaintiff on record has gone unchallenged and the court has to rely
upon the same as there is no otherwise illegality in the claim of the
plaintiff.
8. In view of all above discussion, I have come to the
conclusion that the plaintiff has proved that the defendant borrowed
loan of Rs.60,000/ from the plaintiff and executed a demand
promissory note in his favour. Plaintiff has further proved that the
defendant failed to pay the amount of Rs. 60,000/ along with interest
thereon on demand by the plaintiff. Therefore, claim of plaintiff is
bound to be allowed. Interest 18% per annum is the agreed rate of
interest and therefore there is no reason to change the same. In view of
all about discussion, I answer points Nos. 1 and 2 in the affirmative and
proceed to pass following order.
O R D E R
1. The suit is decreed with costs.
2. The Defendant is directed to pay the amount of
Rs.88,109.58ps. (Rupees Eighty Eight Thousand One
Hundred Nine and Fifty Eight Paise only) to the plaintiff
along with interest on the amount of Rs. 60,000/– at the
-- 4 of 6 --
5
rate of 18% per annum from the date of institution of the
suit till realisation of the total decreetal amount within
60 days of the date of this order.
3. Decree be drawn up accordingly.
4. Court fees be refunded as per the rules and
entitlement.
5. Summary Suit No.105/2020 stands disposed of
accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 01.10.2021 Gr.Mumbai.
Dictated on: 01.10.2021
Typed on : 04.10.2021
Signed on : 08.10.2021.
-- 5 of 6 --
6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
08.10.2021 AT 3.15 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
01.10.2021
Judgment/Order signed by P.O. on 08.10.2021
Judgment/Order uploaded on 08.10.2021
-- 6 of 6 --