Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010019682020
Presented on 13-02-2020
Registered on 24-02-2020
Decided on 04-08-2022
Duration Years Months Days
02 05 20
CNR No. MHCC010019682020
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.230 OF 2020
YANKAVVA YALLAPPA ANDREDI
Age 27 years of Mumbai an adult Indian
Inhabitant, having her address at Room
No.3, Chawl No.G/27, Matunga Labour
Camp, Mumbai 400 019.
through C.A. Lakshya Yallappa Andredi. ...Plaintiff.
V/s.
SANTOSH SUDAM NANDGAONKAR
Age not known of Mumbai, an adult
Indian inhabitant, working for gain with
Administrative Officer, 'B' Ward Office,
Solid Waste Dept, Room No.27, Babula
Tank Cross Lane, 121, Ramchandra
Bhatt Marg, Opp J. J. Hospital,
Mumbai – 400 009.
And residing at 7/B, Siddhivinayak
Tower, 'D' Wing, Runwal Nagar, Kolbad
Road, Thane – 400 601
and also 2/4, Dube Chawl, Near
Ashirwad Colony, Jai Bhai Road, Kalyan
(E), Vitthalwadi. ....Defendant.
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2 Summary suit no.230 of 2020
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 04th AUGUST, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of a sum of Rs.2,75,397.26/(Rupees Two Lacs Seventy Five Thousand
Three Hundred Ninety Seven and Twenty Six Paise Only) and further
interest on the principal amount of Rs.2,50,000/(Rupees Two Lacs
Fifty Thousand Only) along with interest at the rate of 18% per annum
from the date of filing of the suit till its actual realization.
2. The facts in brief are as follows:
The plaintiff is doing money lending business under
license. The defendant is working with BMC, Mumbai. The defendant
executed Demand Promissory Note of Rs.2,00,000/(Rupees Two Lacs
Only) on 20.06.2019 from plaintiff and executed a cheque in discharge
of his libility dated 16.12.2019. The said cheque on presentation was
dishonoured and it was returned as per the bank memo dated
18.12.2019. The defendant promised to pay the principal amount with
interest at the rate of 18% per annum. But he failed to repay the
amount. The defendant, failed and neglected to pay the said sum and
dishonoured cheque. The plaintiff issued legal notice dated 24.12.2019.
The plaintiff therefore filed the present suit. The plaintiff prayed for a
sum of Rs.2,75,397.26/(Rupees Two Lacs Seventy Five Thousand
Three Hundred Ninety Seven and Twenty Six Paise Only) and
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3 Summary suit no.230 of 2020
calculated interest on principal amount of Rs.2,50,000/(Rupees Two
Lacs 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 dated 08.09.2021.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his Claim Affidavit vide Exh.03. The
plaintiff filed the documents as per the list of documents vide Exh.04.
Plaintiff filed cheque dated 16.12.2019 Exh.06, Plaintiffs Advocate's
letter dated 24.12.2019 Exh.07.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.04 shows
that the Demand Promissory Note was accepted by defendant in favour
of plaintiff and on demand defendant promised to pay at Mumbai to the
plaintiff a sum of Rs.2,50,000/ and also consented to repay the sum on
demand along with interest of 18% shows that cheque was issued by
defendant in favour of plaintiff towards discharge of the legal libility
and on demand defendant promised to pay at Mumbai to the plaintiff a
sum of Rs.2,50,000/ and also consented to repay the sum on demand
along with interest of 18%. The plaintiff further filed legal notice, vide
Exh.7.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff presented the
cheuqe Exh.6 but it was dishonoured and defendant failed to repay the
same, even after, he was issued legal notice. However, the defendant
failed to reply the same. The defendant neither appeared nor filed his
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4 Summary suit no.230 of 2020
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.2,75,397.26/ with interest on the principal amount of
Rs.2,50,000/.
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. 230 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.2,75,397.26/(Rupees Two
Lacs Seventy Five Thousand Three Hundred Ninety Seven and
Twenty Six Paise Only) to the plaintiff along with interest at the
rate of 9 percent per annum on the principal amount of
Rs.2,50,000/(Rupees Two Lacs Fifty Thousand Only) from the
date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 04082022 City Civil Court, Gr. MUMBAI
Direct typed on : 04082022
checked on : 04082022
Signed on : 06082022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.04.2022 at 04.03 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
04.08.2022
Judgment/order signed by P.O. on 04.08.2022
Judgment/order uploaded on 06.08.2022
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