Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 296 of 2020 ..J/1.. Exparte Judgement
MHCC010016932020
Presented on 07-02-2020
Registered on 29-07-2020
Decided on 23-03-2023
Duration Years Months Days
03 01 16
CNR No. MHCC010016932020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.296 OF 2020
MR. SUBHASH YELAPPA KUTADE
of Mumbai, an adult Indian Inhabitant aged
about 34 years, Occupation Money Lender,
having his Office and residence address at
Room No.14, Navjivan Seva Society, Shivneri
Nagar, Shingrewadi, Bailbazar, Kurla West,
Mumbai 400 070. ...Plaintiff.
V/s.
MR. MADHU NATESAN NAIDU
of Govandi Mumbai an adult, Indian
Inhabitant, aged 38 years, Occupation
Service, having his Residence address at Plot
No.29, Room No.49, 11th No. Road,
Baiganwadi, Govandi Mumbai 400 043.
and also having Office address at Municipal
Corporation of Greater Mumbai Employee
Code No.04022268, Designation : Sweeper,
Municipal Printing Press, Cement Godown,
Bakari Adda, Gala No.546, N. M. Joshi Marg,
Byculla West, Mumbai 400 011. ....Defendant.
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Appearances:
Ld. Adv Shri. Balbheem 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 : 23rd MARCH, 2023.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.2,21,000/(Rupees Two Lacs Twenty One Thousand only)
alongwith interest on the principal amount of Rs.2,00,000/(Rupees
Two Lacs only) at the rate of 18% 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.2,00,000/(Rupees Two Lacs only) on 10.04.2019 in cash to that
defendant executed demand promissory note in favour of plaintiff dated
to 30.09.2019. The defendant promised to pay the principal amount
with interest at the rate 18% 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.2,21,000/(Rupees Two Lacs Twenty
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One Thousand only) with further interest on 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 dt.07.10.2022.
4. To substantiate the claim, the plaintiff filed his claim
affidavit vide Ex.03 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.04.
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.2,00,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
30.09.2019, vide Ex.06. 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.2,00,000/ in cash, against it
executed demand promissory note of Rs.2,00,000/(Rupees Two Lacs
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 18%. 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 evidence of the
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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 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.296 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,21,000/(Rupees Two
Lacs Twenty One Thousand only) to the plaintiff with interest on
the principal amount of Rs.2,00,000/(Rupees Two Lacs only) at
the rate of 9 percent per annum 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.: 23032023 City Civil Court, Gr. MUMBAI
Direct typed on : 23032023
Checked on : 23032023
Signed on : 23032023
( 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”
28.03.2023 at 5:40 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
23.03.2023
Judgment/order signed by P.O.
on
28.03.2023
Judgment/order uploaded on 28.03.2023
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