Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010011552020
Presented on 28-01-2020
Registered on 13-02-2020
Decided on 02-05-2022
Duration Yrs. M. Days
02 03 05
CNR No. MHCC010011552020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.185 OF 2020
SHANKAR MALKU ANNAREDDY
Age 39 years of Mumbai an adult Indian
Inhabitant having his address at Room No.11,
Gauri Shankar Nagar, Masrani Lane, Halav Pool
Road, Kurla West, Mumbai – 400 070. ...Plaintiff.
V/s.
VIJAY SONU MORE
Age not known of Mumbai, an adult Indian
inhabitant, working for gain with AO (SWM
Dept, H East Ward, Shantinagar Industrial
Plot Rd, H/East Ward, Vakola, Santacruz
(E) – 400 029, EC No.4083010.
And residing at Tandra Chawl Manipada,
Opp. University, Kalina, Santacruz, Mumbai
400 029. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
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2 Summary suit no.185 of 20
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 2nd MAY, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of a sum of Rs.2,21,599.99/ (Rupees Two Lacs Twenty One Thousand
Five Hundred Ninety Nine and Ninety Nine Paise Only) and further
interest on the principal amount of Rs.2,00,000/(Rupees Two Lacs
Only) along with interest at the rate of 18% per annum from the date of
filing of the suit till its actual realization.
2. The facts in brief are as follows:
The plaintiff is doing money lending business under license.
The defendant is working in AO (SWM Department), HEast Ward,
Shantinagar Industrial Plot Road, Vakola, Santacruz, Mumbai. The
defendant executed Demand Promissory Note of Rs.2,00,000/ (Rupees
Two Lacs only) on 15.06.2019. The defendant promised to pay the
principal amount with interest at the rate of 18% per annum. But he
failed to repay the amount. The Defendant, failed and neglected to pay
the said sum and dishonoured the promissory note. The plaintiff issued
legal notice dated 11.12.2019. The plaintiff therefore filed the present
suit. The plaintiff prayed for a sum of Rs.2,21,599.99/ (Rupees Two
Lacs Twenty One Thousand Five Hundred Ninety Nine and Ninety Nine
Paise Only) and calculated interest on principal amount of
Rs.2,00,000/ (Rupees Two Lacs only) till the suit is filed. The plaintiff
claimed further interest at the rate 18% p.a. and prayed to decree the
suit.
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3 Summary suit no.185 of 20
3. The defendant was duly served with writ of summon. He
remain absent and therefore, the suit was proceeded exparte as per
order dated 26.10.2021.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his Claim Affidavit vide Exh.3. The
plaintiff filed the documents as per the list of documents vide Exh.4.
Plaintiff filed Demand Promissory Note dated 15.06.2019 Exh.5,
Plaintiffs Advocate's letter dated 11.12.2019 Exh.6, Money lender
license Artice A, Forms under Bombay Money lending Act Article B,
Books of Accounts Article C.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.05 shows
that the Demand Promissory Note was accepted by defendant in favour
of plaintiff and on demand defendant promise to pay at Mumbai to the
plaintiff a sum of Rs.2,00,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.6.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff handed over
the Demand Promissory Note Exh.5 and defendant failed to repay the
same, even after, he was issued legal notice. However, the defendant
failed to reply the same. The defendant neither appeared nor filed his
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.2,21,599.99/with interest on the principal amount of Rs.2,00,000/.
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4 Summary suit no.185 of 20
7. It seems that the plaintiff has demanded exorbitant interest
at the rate of 18% per annum. Considering the nature of transaction,
the interest at the rate of 9% per annum would meet the ends of justice.
I therefore, proceed to pass the following order:
ORDER
1. The Summary suit no.185 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.2,21,599.99/ (Rupees Two
Lacs Twenty One Thousand Five Hundred Ninety Nine and
Ninety Nine Paise Only) to the plaintiff along with interest at the
rate of 9 percent per annum on the principal amount of
Rs.2,00,000/ (Rupees Two Lacs only) from the date of filing suit
till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 02052022 City Civil Court, Gr. MUMBAI
Direct Typed on : 02052022
checked on : 02052022
Signed on : 04052022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no.185 of 20
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.05.2022 at 03.52 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
02.05.2022
Judgment/order signed by P.O. on 04.05.2022
Judgment/order uploaded on 10.05.2022
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