Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.119/2020
MHCC010003362020 Presented on : 08/01/2020
Registered on : 22/01/2020
Decided on : 27/07/2023
Duration : 03Y 06M 21D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.09
SUMMARY CIVIL SUIT NO.119 OF 2020
AMBALAL RIKHABCHANDJI JAIN
of Mumbai, an adult Indian Inhabitant,
carrying on business of Money lending as a Sole
Proprietor in the name and style of Ritik
Creation at and from Room No.20, Ground Floor,
Gulam Mohmad Building, Navroji Hill Road No.7,
Dongri, Mumbai-400 009.
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] ..Plaintiff
V/s.
SUBHASH RANOO GUNJAL
An adult Indian Inhabitant, working for gain
with BMC, ‘B’ Ward, 121, Ramchandra Bhatt
Marg, Opp. J. J. Hospital, Mumbai – 400 009.
Residing at B/2, Jalaram Deep Building,
Ambika Nagar, Sant Namdev Road, Gograsswadi,
Dombivali (E), Pin- 421 201.
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] ..Defendant
Appearance :-
Mr. Ramesh Jain, learned advocate for plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 27/07/2023.
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No.119/2020
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.1,68,821.91/- (Rupees One Lakh Sixty-Eight Thousand Eight
Hundred Twenty-One and Ninety-One Paise only) under the demand
promissory note. The plaintiff has come with the case that he has
advanced loan of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand
only) to the defendant, who executed promissory note on 11/09/2017.
The defendant had agreed to pay the amount of Rs.1,20,000/- (Rupees
One Lakh Twenty Thousand only) on demand alongwith interest at the
rate of 18% per annum. However, defendant did not pay the loan
amount, therefore, the plaintiff is entitled for recovery of amount
alongwith interest at the rate of 18% per annum.
2 The writ of summons was served upon the defendant
through Registered Post Acknowledgment Packet vide Exh-03. But the
defendant failed to appear before the Court, thus, suit proceeded ex-
parte as per
roznama dated 15/07/2023.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the defendant
has executed promissory note of
Rs.1,20,000/- (Rupees One Lakh Twenty
Thousand only) ?
Affirmative
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2 Does the plaintiff prove that he is entitled to
charge interest as prayed for ?
Partly Affirmative
3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the plaintiff
entered into the witness box and relied on various documents under
list (Exh-05). Heard learned advocate for plaintiff.
As to point Nos.1 to 3 :-
5 The plaintiff has tendered his Claim Affidavit (Exh-04)
alongwith documents as per list (Exh-05). On perusal of demand
promissory note, it reveals that it bears signature of the defendant.
Inconsequence of failure to pay the amount under the demand
promissory note, the plaintiff has issued a notice on 08/05/2019.
Thus, the plaintiff is entitled for recovery of amount under the demand
promissory note. The plaintiff is a money lender having license bearing
No.RBC-2425, hence, he is entitled to recover the amount as a money
lender. He filed other documents related to his license and copy of
forms and cashbook. Thus, it is established that the defendant has
executed the demand promissory note for Rs.1,20,000/- (Rupees One
Lakh Twenty Thousand only).
6 There is nothing on record to show that the defendant has
ever paid any amount under the demand promissory note. His absence
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No.119/2020
and omission to appear before the Court on being served with the writ
of summons shows that he has no substantial defence and has
admitted the claim of plaintiff. Therefore, the plaintiff is entitled to
recover the amount under the demand promissory note.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, he would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of default i.e. notice
of advocate dated 08/05/2019, till its full realisation. In view of above
discussions, I answer point No.1 in affirmative and point Nos.2 and 3
in partly affirmative.
8 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summary Civil Suit No.119/2020, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.1,20,000/- (Rupees One Lakh Twenty Thousand
only) alongwith interest at the rate of 9% per annum,
from the date of default i.e. notice of advocate dated
08/05/2019, till its full realisation from the
defendant.
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3. Decree be drawn up accordingly.
4. Court fees, if any, be refunded as per rule.
(Judgment pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 27/07/2023 C.R. No.15
Directly typed on : 27/07/2023
Signed on : 27/07/2023
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“Certified to be true and correct copy of the original signed order”.
28/07/2023
at about 05.45 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 27/07/2023
Order signed by Hon'ble Judge on : 27/07/2023
Order uploaded on : 28/07/2023
at about 05.45 p.m.
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