Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 2892020 1 Exparte Judgment
MHCC010016362020 Lodged on : 06.02.2020
Registered on : 14.03.2020
Decided on : 08.04.2022
Duration : 02Y 00M 24D
Exhibit
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 289 OF 2020
Mr. Revansidu Anappa Madgunde
of Mumbai an adult Indian,
Inhabitant aged about 37 years,
Occupation Money Lender, having his
Office and residence address at
GNMB/153/4, Kode Chawl, Palwadi
Xth Line, Indira Nagar, Dharavi
Mumbai400017. (Mobile No. 9326125950)
… Plaintiff
V/s.
Mrs. Chanda anna Dethe
of Mumbai an adult Indian Inhabitant,
Aged about 41 years, Occupation : Service,
Having his residence address at Vijay Nagar,
J.N. Road, Mulund 400 080 and also having
his office address at Municipal Corporation
for greater Mumbai, Employee Code No. 4413783,
Department : S.W.D.,
Designationl Labourer TWard,
Mulund Mumbai 400 080.
...Defendant
Appearances:
Ld. Advocate Mr. Balbheem S. Patil for plaintiff present.
None for Defendant.
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Sum. Suit No. 2892020 2 Exparte Judgment
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 8th April, 2022
EXPARTE JUDGMENT
1. This is the suit for recovery of Rs. 1,21,000/ with 18% p.a. interest
from the date of suit till realization of the amount.
2. The Facts of the plaint are as under:
The plaintiff is resident of Mumbai and doing money lending
business. The defendant is also resident in Mumbai and serving in
Municipal Corporation, Mumbai. The defendant has executed promissory
note on 10/07/2018 for Rs. 1,00,000/. The said amount is received by
defendant. The plaintiff has paid said loan amount to defendant through
his Bank Account with Indian Bank. But inspite of demand the defendant
failed to pay amount to the plaintiff. Thereafter, on 14/12/2019 Demand
Notice was issued by plaintiff to defendant. Inspite of Notice the defendant
failed to pay amount. The plaintiff has calculated 14% p.a. interest on
Rs. 1,00,000/ from 10/07/2018 till the date of filing of the suit.
Accordingly the plaintiff has claimed Rs. 1,21,000/ with interest from
defendant.
3. From roznama dated 21/09/2021, it appears that inspite of service
of summons defendant failed to appear on record. Therefore, suit is
proceeded exparte against him.
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Sum. Suit No. 2892020 3 Exparte Judgment
4. In support of exparte claim the plaintiff has filed affidavit of witness
Mr. Revansidu Anappa Madgunde at Exhibit 6. The witness has reitreated
facts of the plaint. In support the plaintiff has filed document i.e. Pass Book
Entry to show that on 10/07/2018 Rs. 1,00,000/ amount has been
forwarded to defendant. The plaintiff has also filed Promissory Note, Copy
of Money lending License, Demand Notice, Close Envelope returned with
endorsement not claimed.
5. From pleadings and documents on record following points arise for
consideration to which I have given reasons before them:
Sr. No. POINTS FINDINGS
1 Does plaintiff prove that the defendant is
liable to pay Rs.1,00,000/ with interest
to him ?
In the affirmative
2. Is plaintiff entitled for relief as sought
for ? In the affirmative
3. What order and decree ? Suit is decreed
REASONS
AS TO POINT NO. 1 TO 3
6. It is the case of the plaintiff that he has given Rs. 1,00,000 to the
defendant. The plaintiff has produced Demand Promissory Note which
bears signature of defendant. In Demand Promissory Note, the plaintiff has
charged 14% p.a. interest, but in the prayer of the suit the plaintiff has
claimed 18% p.a. interest. As per promissory note, the plaintiff is entitled
only for 14% p.a. interest on Rs. 1,00,000/.
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Sum. Suit No. 2892020 4 Exparte Judgment
7. The plaintiff has calculated amount from 10/07/2018 till filing of
the suit. Accordingly, the plaintiff has claimed Rs. 1,21,000/. The plaintiff
has issued Demand Notice inspite of that defendant failed to pay the
amount. Even after receipt of summons defendant failed to appear on
record and failed to challenge oral and documentary evidence. Therefore,
the plaintiff is entitled for recovery of Rs. 1,21,000/ with 14% p.a. interest
on Rs.1,00,000/ from the date of suit till realization of the amount.
Accordingly, I answer to Issues No. 1 and 2 are affirmative and for Issues
No. 3 proceed to pass following order:
O R D E R
1. Suit is decreed with costs.
2. Defendant do pay amount of Rs.1,21,000/ (Rupees One Lacs Twenty
One Thousand Only) alongwith interest at the rate of Rs.14% p.a. on
principal amount of Rs. 1,00,000/ from the date Suit till the realization
of full amount within 6 months from the date of this order.
3. Decree be drawn up accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 08/04/2022 City Civil Court, Gr. Bombay
Dictated on : 08/04/2022,
Transcribed on : 11/04/2022,
HHJ signed on : 12/04/2022
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Sum. Suit No. 2892020 5 Exparte Judgment
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
13/04/2022 1.00 PM Mr. Jitesh Suresh Shinde
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR 15)
Date of Pronouncement of JUDGEMENT
/ORDER
08/04/2022
JUDGEMENT /ORDER signed by P.O. on 12/04/2022
JUDGEMENT /ORDER uploaded on 13/04/2022
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