Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 286 of 2020 ..J/1.. Exparte Judgement
MHCC010016612020
Presented on 06-02-2020
Registered on 14-03-2020
Decided on 11-04-2022
Duration Years Months Days
02 02 05
CNR No. MHCC010016612020
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.286 OF 2020
MR. RAVANSIDU 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,
Mumbai 400017. ...Plaintiff.
V/s.
MR. HARESH KANU SOLANKI
of Mumbai an adult Indian Inhabitant, Aged
about 32 years, Occupation : Service, Having his
residence address at Mahul Road, Near Shiv
Mandir, Behind Building No.31, Chembur
Colony, Chembur Mumbai – 74. And also having
his office addresss at Municipal Corporation for
Greater Mumbai, Employee Code No.4277336,
Department : S.W.D., Designational Labourer
M/E Ward, Govandi, Mumbai – 400 043. ....Defendant.
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Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 11th APRIL, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.2,64,000/ (Rupees Two Lacs Sixty Four Thousand only)
alongwith interest on the principal amount of Rs.2,50,000/(Rupees
Two Lacs Fifty Thousand only) at the rate of 14% per annum from the
date of filing of suit till its realisation.
2. The fact in brief are as follows.
The plaintiff is the Money Lender carrying out the business
of money lending under license. The defendant is serving in BMC,
Mumbai. The plaintiff advanced and lent to the defendant a sum of
Rs.2,50,000/(Rupees Two Lacs Fifty Thousand only) on 10.05.2019 in
cash. To that defendant executed demand promissory note in favour of
plaintiff dated to 10.05.2019. The defendant promised to pay the
principal amount with interest at the rate 14% per annum. But he failed
to repay the amount. Inspite of repeated request and demand by the
plaintiff defendant failed and neglected to pay the same. The plaintiff
issued demands and reminders however, the defendant dishonoured
promissory note. The plaintiff therefore, filed the present Suit. The
Plaintiff prayed for a sum of Rs.2,64,000/ with further interest on
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Rs.2,50,000/(Rupees Two Lacs Fifty Thousand only) till the suit is
filed. The plaintiff claimed further interest at the rate 14% 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 26.10.2021.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.03 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Exh.05
and Exh.06.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.05 the promissory note shows that the defendant obtained
the amount and executed promissory note of Rs.2,50,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
14.12.2019, vide Exh.07. The legal notice was duly served to the
defendant.
6. After going through the documents its seems that the
defendant obtained the loan of Rs.2,50,000/ in cash, against it
executed demand promissory note of Rs.2,50,000/ (Rupees Two Lacs
Fifty Thousand only) in favour of plaintiff. In spite of repeated request
and demand defendant failed to repay the amount. He also agreed to
pay the interest at the rate of Rs.14%. Even after, he was issued legal
Notice, he failed to repay the same. The defendant inspite of receipt of
legal notice and writ of summons, had choosen to remain absent. The
defendant has failed to challenge the evidence filed in the Court. The
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evidence of the plaintiff has gone unchallenged. The defendant is
therefore liable to pay the amount to the plaintiff.
7. It seems that the plaintiff has demanded exorbitant interest
at the rate of 14% 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. 286 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,64,000/ (Rupees Two
Lacs Sixty Four Thousand only) to the plaintiff with interest on
the principal amount of Rs.2,50,000/ (Rupees Two Lacs Fifty
Thousand only) at the rate of 9 percent p.a. from the date of
filing of the suit till its realisation.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 11042022 City Civil Court, Gr. MUMBAI
Direct typed on : 11042022
Checked on : 11042022
Signed on : 13042022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.04.2022 at 03.25 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
11.04.2022
Judgment/order signed by P.O. on 13.04.2022
Judgment/order uploaded on 18.04.2022
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