Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010015952020
Presented on 05-02-2020
Registered on 17-02-2020
Decided on 14-12-2022
Duration Yrs. M. Days
02 10 09
CNR No. MHCC010015952020
EXH.8
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.210 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.
VINOD RAJARAM SANGAM
Age not known of Mumbai an adult
Indian inhabitant working for gain at
BEST, N/T, O & M (LN) StsticI Sec,
B.G. Temkar Marg, Prabhadevi, Worli,
Mumbai 400 030. And residing at 38,
2/2,G.T.B. Nagar, G.C. Road, Vijaynagar,
Sion Koliwada, Mumbai 400 037. ....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 : 14th DECEMBER, 2022.
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2 Summary Suit No.210 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.1,80,106.84/ (Rupees One Lakh Eighty Thousand One
Hundred Six and Eighty Four Paise Only) and further interest on the
principal amount of Rs.1,50,000/(Rupees One Lakh Fifty Thousand
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 in BEST, Mumbai.
The defendant executed Demand Promissory Note of Rs.1,50,000/
(Rupees One Lakh Fifty Thousand Only) on 10.12.2018. 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.1,80,106.84/(Rupees One Lakh Eighty Thousand One Hundred Six
and Eighty Four Paise Only) and calculated interest on principal amount
of Rs.1,50,000/(Rupees One Lakh Fifty Thousand 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 05.03.2022.
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3 Summary Suit No.210 of 2020
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed her Claim Affidavit vide Exh.03. The
plaintiff filed the documents as per the list of documents vide Exh.04.
Plaintiff filed Demand Promissory Note dated 10.12.2018 Exh.05,
Plaintiff's legal notice dated 14.08.2021 Exh.06, Money lender license
Article A, Form No.8 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 promised to pay at Mumbai to the
plaintiff a sum of Rs.1,50,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.06.
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.05 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.1,80,106.84/ with interest on the principal amount of
Rs.1,50,000/ .
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.210 of 2020
ORDER
1. The Summary Suit No.210 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.1,80,106.84/ (Rupees One
Lakh Eighty Thousand One Hundred Six and Eighty Four Paise
Only) to the plaintiff along with interest at the rate of 9 percent
per annum on the principal amount of Rs.1,50,000/(Rupees One
Lakh Fifty Thousand 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.: 14122022 City Civil Court, Gr. MUMBAI
Direct Typed on : 14122022
checked on : 14122022
Signed on : 14122022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court,Gr. MUMBAI
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5 Summary Suit No.210 of 2020
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.12.2022 at 05.03 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
14.12.2022
Judgment/order signed by P.O. on 14.12.2022
Judgment/order uploaded on 19.12.2022
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