Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010007182020
Presented on 16-01-2020
Registered on 05-02-2020
Decided on 23-02-2023
Duration Years Months Days
03 01 07
CNR No. MHCC010007182020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.167 OF 2020
SUNIL NAGU JADHAV
Age 40 years, carrying on business at
Shantidoot Chawl, Nagewadi, Samrat Ashok
Nagar, Mukund Nagar, P. L. Lokhande
Marg, Chembur, Mumbai 400 089. ...Plaintiff.
V/s.
BHAU SHIVRAM PATIL
Adult, working for gain with B.M.C. Office,
under S Ward, Dept. AE WW;E. C. No.
1448755, P.C. No.4574, Bhattipada Chowky,
Jangalmangal Road, Bhandup (W),
Mumbai 400 078.
and residing at Madhuswapna Building, Room
No.16/2B, Wani Aali, Patil Pada, Badlapur (E),
421502. ....Defendant.
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 23rd FEBRUARY, 2023.
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Summary Suit 167 of 2020 .. J/2 .. Ex-parte Judgment
J U D G M E N T
(Exparte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,99,500/(Rupees Two Lacs Ninety Nine Thousand Five
Hundred only) with further interest on the principal amount of
Rs.2,80,000/(Rupees Two Lacs Eighty Thousand only) at the rate of
18% per annum from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff lent and advanced to the defendant the sum of
Rs.2,80,000/ on 05.06.2018 in cash with interest at the rate of 18%
per annum. The defendant executed demand promisory note in favour
of plaintiff. The defendant failed to repay the same. The plaintiff on
several occasions demanded the repayment of said amount, but the
defendant failed and neglected to pay the same. The plaintiff issued
legal notice but the defendant failed to repay the demand. Hence, the
present suit. The plaintiff prayed to decree the suit.
3. The defendant was duly served but, he failed to appear
hence, suit was proceeded Exparte against the defendant as per order
dated 03.03.2022.
4. Heard the Learned Advocate for plaintiff. Plaintiff filed
Claim Affidavit Exh.03 alongwith Compilation of Documents vide
Exh.04. Plaintiff filed the Original promisory Note dt.05.06.2018 and
Notice of demand dt.18.09.2019 vide Exh.06. Plaintiff also filed copy of
Money Lending License year 201819 Article A, Form No.10 Article B,
Cash entry Article C, Ledger Entry Article D.
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Summary Suit 167 of 2020 .. J/3 .. Ex-parte Judgment
5. After going through the documents filed by the plaintiff, it
seems that the defendant had taken the amount and agreed to repay the
same on demand alongwith interest. The defendant however, failed to
repay the same. The original promissory note shows that the promissory
note was executed by the defendant. The defendant failed to appear
and challenge the oral and documentary evidence of plaintiff. The
defendant also failed to crossexamine the plaintiff. Therefore, the
evidence of plaintiff has gone unchallenged. The plaintiff on oath stated
about the money lent to the defendant. The documents filed by the
plaintiff had also gone unchallenged. It therefore seems that the
defendant is liable to pay the principal amount and the interest accrued
upon it. The plaintiff calculated the amount of Rs.2,99,500/(Rupees
Two Lacs Ninety Nine Thousand Five Hundred only) till the date of
filing of the suit. Considering the nature of transaction it would not be
appropriate to grant further interest at the rate of 18% per annum.
However, the interest at the rate of 9% per annum would meet the ends
of Justice. Hence, I, proceed to pass the following order:
ORDER
1. The Summary Suit No.167 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,99,500/(Rupees Two
Lacs Ninety Nine Thousand Five Hundred only) to the plaintiff
with interest on the principal amount of Rs.2,80,000/(Rupees
Two Lacs Eighty Thousand only) at the rate of 9 percent p.a. from
the date of filing of the suit till its realisation.
3. Decree be drawn up accordingly.
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Summary Suit 167 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.: 23022023 City Civil Court, Gr. MUMBAI
Direct Typed on : 23022023
checked on : 23022023
Signed on : 23022023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23.02.2023 at 05.05 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
23.02.2023
Judgment/order signed by P.O. on 23.02.2023
Judgment/order uploaded on 23.02.2023
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