Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 262 of 2020 ..J/1.. Exparte Judgement
MHCC010016982020
Presented on 07-02-2020
Registered on 07-03-2020
Decided on 20-02-2023
Duration Years Months Days
03 00 13
CNR No. MHCC010016982020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.262 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. PRAVIN KESHAV SAKPAL
of Titwala Thane, an adult, Indian Inhabitant,
aged 39 years, Occupation Service, having his
Residence address at Shree Ganesh Krupa Chawl,
Room No.03, Near to Hariom, Titwala, Taluka
Kalyan, Titwala, District Thane.
and also having Office address at Municipal
Corporation of Greater Mumbai Employee Code
No.04022251, 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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Summary Suit 262 of 2020 .. J/2 .. Ex-parte Judgment
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 : 20th FEBRUARY, 2023.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.1,65,750/(Rupees One Lakh Sixty Five Thousand Seven
Hundred and Fifty only) alongwith interest on the principal amount of
Rs.1,50,000/(Rupees One Lakh Fifty 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 BMC,
Mumbai. The plaintiff advanced and lent to the defendant a sum of
Rs.1,50,000/(Rupees One Lakh Fifty Thousand only) on 15.04.2019 in
cash to that defendant executed demand promissory note in favour of
plaintiff dated to 15.04.2019. 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.1,65,750/(Rupees One Lakh Sixty Five
Thousand Seven Hundred and Fifty only) with further interest on
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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 dt.22.04.2022.
4. To substantiate the claim, the plaintiff filed his claim
affidavit vide Ex.06 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.1,50,000/ 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.1,50,000/ in cash, against it
executed demand promissory note of Rs.1,50,000/(Rupees One Lakh
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 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
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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 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.262 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.1,65,750/(Rupees One
Lakh Sixty Five Thousand Seven Hundred and Fifty only) to the
plaintiff with interest on the principal amount of Rs.1,50,000/
(Rupees One Lakh Fifty 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.: 20022023 City Civil Court, Gr. MUMBAI
Direct typed on : 20022023
Checked on : 20022023
Signed on : 20022023
( 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”
21.02.2023 at 3:40 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
20.02.2023
Judgment/order signed by P.O. on 20.02.2023
Judgment/order uploaded on 21.02.2023
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