Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 01.01.2020
Registered on : 14.01.2020
Decided on : 03.09.2021
Duration : 01Y 08M 02D
EXHIBIT 12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 106 OF 2020
( CNR No.MHCC010000782020)
MAHENDRA MURLIDHAR DESAI ]
Aged 46 years, of Mumbai, and adult]
Indian Inhabitant, having his address ]
at Sainath Chawl, Takiya Ward, ]
P.B. Desai, Building No.50, ]
Kurla (West), Mumbai 400 070. ].. Plaintiff.
V/s.
SIDDHARTH KRISHNA SAWANT ]
Age not know, an adult Indian ]
Inhabitant, working for gain with ]
Mumbai G.P.O. Stamp vendor dept. ]
Mumbai400 001, Residing at PCI ]
Building No.13, Room No.11, ]
Sector17, New Panvel410206. ]..Defendant.
Advocate Mr. Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 3rd SEPTEMBER, 2021
JUDGMENT
The suit is instituted for the relief of recovery of
Rs. 1,86,012.60 along with interest on the amount of Rs. 1,70,000/ at
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the rate of 18% per annum from the date of institution of the suit to
realization of total decreetal amount.
2. It is the case of plaintiff that, he is having license of money
lending . He advanced amount of Rs.1,70,000/ to the defendant with
interest at the rate of 18% per annum. The defendant has executed
Demand Promissory Note in favour of the plaintiff dated 07.06.2019.
The defendant did not pay the amount inspite of repeated demand.
Hence, the plaintiff has issued legal notice on 26.11.2019. However,
the defendant has failed to comply with the notice. Therefore, the
plaintiff was constrained to institute the present suit. The plaintiff has
claimed principal amount of Rs.1,70,000/ and interest accrued thereon
from the institution of the suit till realization of total decreetal amount.
3. The summons was served on the defendant by post. The
postal acknowledgment alongwith service affidavit are at Exh.5. But he
failed to appear before the court in spite of due service of summons.
Hence, suit proceeded exparte against the defendant.
4. Considering the plaint and documents filed on record,
following points arise for my determination and my findings to them
are as stated below for the following reasons.
Sr.
No
POINTS FINDINGS
1 Whether plaintiff proves that the defendant
borrowed the amount of Rs.1,70,000/ from
him and agreed to pay interest at the rate of
18% per annum thereon ?
In the
Affirmative
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2 Whether the plaintiff proves that the
defendant has executed Demand Promissory
Note dated 07.06.2019 ?
In the
Affirmative
3 Whether the plaintiff is entitled for relief as
prayed for?
In the
Affirmative
4 What Order ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3:
5. As all these three points are related with each other, they
are discussed at once to avoid the repetition.
6. The plaintiff has produced on record Claim Affidavit is at
Exhibit6 . The plaintiff has produced on record Demand Promissory
Note dated 07.09.2019 at Exhibit8 which bears signature and thumb
impression of the defendant. It appears that the plaintiff has advanced
the amount of Rs.1,70,000/ alongwith interest at the rate of 18% per
annum. It is proved in the claim affidavit.
7. The plaintiff has produced on record notice issued to the
defendant through his advocate at Exhibit9 . It appears that the notice
was duly served on the address of the defendant. The plaintiff has
produced on record a copy Money Lender Licence at Exhibit10. It
appears that the plaintiff is the authorized Money Lender. The plaintiff
has produced on record copy of forms under Bombay Money Lending
Act. The plaintiff has produced on record a copy of ledger account of
the defendant at Exhibit11 which shows the transactions between the
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plaintiff and the defendant. The defendant was having ample
opportunity to contest the suit but he failed to appear and file his
defence by seeking the leave of the Court. Therefore the oral and
documentary evidence of the plaintiff has gone unchallenged. In view of
all these documents, I have come to the conclusion that the plaintiff has
proved his case that he advanced amount of Rs.1,70,000/ to the
defendant with interest at the rate of 18% per annum. Therefore, the
plaintiff is entitled to the claim as prayed for. In view of the above, I
answer points Nos. 1 to 3 in the affirmative and I proceed to pass the
following order:
O R D E R
1. The suit is decreed with costs.
2. The Defendant is hereby to pay the amount
of Rs. 1,86,012.60 to the plaintiff within 60 days
of the date of this order.
3. The Defendant is hereby directed to pay the
interest at the rate of 18% per annum on the
principal amount of Rs. 1,70,000/ from the date of
institution of the suit till the realization of total
decreetal amount.
4. Decree be drawn up accordingly.
5. The Suit stands disposed of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 03.09.2021 Gr.Mumbai.
Dictated on: 03.09.2021
Typed on : 03.09.2021
Signed on : 03.09.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
04.09.2021 AT 4.00 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
03/09/2021
Judgment/Order signed by P.O. on 03/09/2021
Judgment/Order uploaded on 04/09/2021
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