Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010007212020
Presented on 16-01-2020
Registered on 05-02-2020
Decided on 23-02-2023
Duration Years Months Days
03 01 07
CNR No. MHCC010007212020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.168 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.
SAYED VASIMOHAMAD IJHAR,
adult, working for gain with B.M.C. Office,
Water Yard, Dept. AEOC; E.C. NO.1201905,
Desn : Lieman, L. B. S. Road, Ghatkopar (W),
Mumbai 400 086.
and residing at F/7, Room No.3, Municipal
Colony, Noor Atlanta Play Ground, Shivaji
Nagar, Devnar, Govandi, Mumbai 400 043. ....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.
-- 1 of 6 --
Summary Suit 168 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.1,79,353/(Rupees One Lakh Seventy Nine Thousand
Three Hundred and Fifty Three only) with further interest on the
principal amount of Rs.1,40,000/(Rupees One Lakh Forty 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.1,40,000/ on 10.06.2018 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.10.06.2018 and
Notice of demand dt.18.09.2019 vide Exh.06. Plaintiff also filed copy of
Money Lending License Article A, Form No.10 Article B, Cash entry
Article C, Ledger Entry Article D.
-- 2 of 6 --
Summary Suit 168 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.1,79,353/(Rupees
One Lakh Seventy Nine Thousand Three Hundred and Fifty Three 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.168 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.1,79,353/(Rupees One
Lakh Seventy Nine Thousand Three Hundred and Fifty Three
only) to the plaintiff with interest on the principal amount of
Rs.1,40,000/(Rupees One Lakh Forty 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.
-- 3 of 6 --
Summary Suit 168 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
-- 4 of 6 --
Summary Suit 168 of 2020 .. J/5 .. Ex-parte Judgment
-- 5 of 6 --
Summary Suit 168 of 2020 .. J/6 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23.02.2023 at 05.10 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
23.02.2023
Judgment/order signed by P.O. on 23.02.2023
Judgment/order uploaded on 23.02.2023
-- 6 of 6 --