Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010015932020
Presented on 05-02-2020
Registered on 17-02-2020
Decided on 02-05-2022
Duration Yrs. M. Days
02 02 26
CNR No. MHCC010015932020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.208 OF 2020
KRANTI AMOL NARKAR
Age 35 years 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.
VIJAY ARJUN PATEL
Age not known of Mumbai an adult Indian
inhabitant working for gain at Talematrix
pvt. Ltd, 415, Shah & Nahar Industrial
Estate, S. J. Marg, Mumbai – 400 013.
And residing at Room No.10, Bambori
Chawl, Kajuwadi, Chakala, Opp. Nankar
Mandir, Andheri (e), Mumbai – 400 099. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
-- 1 of 5 --
2 Summary suit no.208 of 2020
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.2,40,635.61/ (Rupees Two Lacs Forty Thousand Six
Hundred Thirty Five and Sixty One 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 Talematrix Pvt. Ltd, Mumbai. The
defendant executed Demand Promissory Note of Rs.2,00,000/ (Rupees
Two Lacs only) on 05.12.2018. 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.2,40,635.61/ (Rupees Two
Lacs Forty Thousand Six Hundred Thirty Five and Sixty One 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.
-- 2 of 5 --
3 Summary suit no.208 of 2020
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 her 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 05.12.2018 Exh.5,
Plaintiffs Advocate's letter dated 14.08.2019 Exh.6, 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 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.2,40,635.61/with interest on the principal amount of Rs.2,00,000/.
-- 3 of 5 --
4 Summary suit no.208 of 2020
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.208 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.2,40,635.61/ (Rupees Two
Lacs Forty Thousand Six Hundred Thirty Five and Sixty One 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 : 04052022
Signed on : 04052022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 4 of 5 --
5 Summary suit no.208 of 2020
“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
-- 5 of 5 --