Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010011622020
Presented on 28-01-2020
Registered on 13-02-2020
Decided on 27-01-2023
Duration Yrs. M. Days
02 11 30
CNR No. MHCC010011622020
EXH.12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.186 OF 2020
KRANTI AMOL NARKAR
of Mumbai an adult Indian inhabitant
having her address at 9/10/10, Swami
Vivekanand Nagar, Dr. E Moses Road, Worli,
Mumbai 400 018. ...Plaintiff.
V/s.
KUNAL JADHAV
Age and full name not known of Mumbai
an adult Indian inhabitant working for
gain at K. C. College, Dinshaw Vacha
Road, Churchgate, Mumbai 400 020.
And residing at Amrapali Welfare,
Soc, Aarey Milk Colony, Unit No.32,
Goregaon (E), Mumbai 400 065. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 27th JANUARY, 2023.
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2 Summary Suit No.186 of 2020
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.2,32,350.68/ (Rupees Two Lacs Thirty Two Thousand
Three Hundred Fifty and Sixty Eight 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 an adult Indian inhabitant working for gain at
K. C. College, Mumbai. The defendant executed Demand Promissory
Note of Rs.2,00,000/(Rupees Two Lacs Only) on 28.11.2018. 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 14.08.2019.
The plaintiff therefore filed the present suit. The plaintiff prayed for a
sum of Rs.2,32,350.68/(Rupees Two Lacs Thirty Two Thousand Three
Hundred Fifty and Sixty Eight 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.
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 03.01.2022.
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3 Summary Suit No.186 of 2020
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed her Claim Affidavit vide Exh.07. The
plaintiff filed the documents as per the list of documents vide Exh.08.
Plaintiff filed Demand Promissory Note dated 28.11.2018 vide Exh.09,
Plaintiff's legal notice dated 14.08.2019 vide Exh.10, Money lender
license Article 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 Exh.09 shows
that the Demand Promissory Note was accepted by defendant in favour
of plaintiff and on demand defendant promised 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.10.
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.09 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.2,32,350.68/with interest on the principal amount of Rs.2,00,000/ .
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:
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4 Summary Suit No.186 of 2020
ORDER
1. The Summary Suit No.186 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.2,32,350.68/ (Rupees Two
Lacs Thirty Two Thousand Three Hundred Fifty and Sixty Eight
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.: 27012023 City Civil Court, Gr. MUMBAI
Direct Typed on : 27012023
checked on : 27012023
Signed on : 30012023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court,Gr. MUMBAI
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5 Summary Suit No.186 of 2020
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.01.2023 at 05.26 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
27.01.2023
Judgment/order signed by P.O. on 27.01.2023
Judgment/order uploaded on 30.01.2023
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