Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 287 of 2020 ..J/1.. Exparte Judgement
MHCC010016952020
Presented on 07-02-2020
Registered on 14-03-2020
Decided on 22-11-2022
Duration Years Months Days
02 09 15
CNR No. MHCC010016952020
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.287 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. MUKESH MOHAN SOLANKI
of Vikroli west Mumbai an adult, Indian
Inhabitant, aged 37 years, Occupation Service,
having his Residence address at Room No.4,
Building No.21, B.M.C. Colony, Vikroli Parksite,
Vikhroli West, Mumbai 79.
and also having office address at Municipal
Corporation of Greater Mumbai Employee Code
No.04473857, Designation : Not known, Barve
Nagar, Bhat Wadi, Ghatkopar West, Mumbai. ....Defendant.
Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
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Summary Suit 287 of 2020 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 22nd NOVEMBER, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.2,98,700/(Rupees Two Lacs Ninety Eight Thousand Seven
Hundred only) alongwith interest on the principal amount of
Rs.2,90,000/(Rupees Two Lacs Ninety Thousand 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 B.M.C.,
Mumbai, The plaintiff advanced and lent to the defendant a sum of
Rs.2,90,000/(Rupees Two Lacs Ninety Thousand only) on 02.04.2019
in cash. To that defendant executed demand promissory note in favour
of plaintiff dated to 02.04.2019. 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.2,98,700/ with further interest on
Rs.2,90,000/(Rupees Two Lacs Ninety Thousand only) till the suit is
filed. The plaintiff claimed further interest at the rate 18% per annum
and prayed to decree the suit.
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Summary Suit 287 of 2020 .. J/3 .. Ex-parte Judgment
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 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 Exh.05 the promissory note shows that the defendant
obtained the amount and executed promissory note of Rs.2,90,000/ 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.2,90,000/ in cash, against it
executed demand promissory note of Rs.2,90,000/(Rupees Two Lacs
Ninety 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 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 plaintiff has gone unchallenged. The
defendant is therefore liable to pay the amount to the plaintiff.
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Summary Suit 287 of 2020 .. J/4 .. Ex-parte Judgment
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.287 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,98,700/(Rupees Two
Lacs Ninety Eight Thousand Seven Hundred only) to the plaintiff
with interest on the principal amount of Rs.2,90,000/(Rupees
Two Lacs Ninety Thousand 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.: 22112022 City Civil Court, Gr. MUMBAI
Direct typed on : 22112022
Checked on : 22112022
Signed on : 22112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Civil Court, Gr. MUMBAI
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Summary Suit 287 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.11.2022 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
22.11.2022
Judgment/order signed by P.O. on 22.11.2022
Judgment/order uploaded on 25.11.2022
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