Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010020982020
Presented on :17-02-2020
Registered on :06-03-2020
Decided on :13-01-2023
Duration :2Y-10M-25D.
EXHIBIT-7
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 267 OF 2020
BABAN DEVAJI JANKAR Age Yrs.
of Mumbai, an adult Indian inhabitant
carrying business of money lending at
and from Vijay Niwas, Jivdaya Lane,
L.B.S. Marg, Ghatkopar (West)
Mumbai – 400 086.
...Plaintiff
Versus
NIVRUTTI DHONDIRAM SALEKAR
Age not known of Mumbai and adult
Indian Inhabitant having address at
Jay Hanuman C HSG. Society, Jai
Mahar, Nagar, k Tekdi, Golibar,
Ghatkopar (W), Mumbai-400 086.
...Defendant
Appearance :
Ld. Advocate Mr. Ramesh Jain for plaintiff.
None for defendant (
Exparte).
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 13/01/2023
-- 1 of 6 --
2
JUDGMENT
(Dictated and pronounced in open Court)
This is the suit filed under rule 2 of order XXXVII of Code of
Civil Procedure, 1908 (CPC) for recovery of principal sum of
Rs.60,000/- along with interest thereon at the rate of 18% per annum
till its realization.
PLAINTIFF’S CASE
2. Plaintiff is a licensed Money Lender. It is contended that on
05/04/2019 defendant executed a Demand Promissory Note in favour
of plaintiff for valuably consideration of Rs.60,000/- received by
defendant from plaintiff against and on the basis of the execution and
handing over of said Demand Promissory Note. Defendant promised to
pay interest thereon at rate of 18% p.a. Plaintiff demanded repayment
of the said amount but defendant neglected and failed to pay the same.
Therefore, plaintiff issued demand notice through his advocate on
30/08/2019. In spite of the notice defendant failed and neglected to
pay the amount. Therefore plaintiff has filed present suit.
3. Defendant was duly served with writ of summons on
02.09.2021. However, he did not cause appearance before this Court
and therefore suit proceeded
exparte against him.
4. In support of claim, plaintiff filed his affidavit of claim at
Exhibit-3 and reiterated his claim of recovery of Rs.60,000/- along with
interest at the rate of 18% p.a. Plaintiff has filed and relied upon
following documents.
Sr.
No.
Exhibit
No. Particulars
1 Exh.5 Demand promissory note of Rs.60,000/-
dtd.05/04/2019.
2 Exh.6 Office copy of demand notice dated 30.08.2019.
-- 2 of 6 --
3
5. So as to decide the present suit following points arise for my
consideration. I have recorded my findings for the reasons as under :-
Sr. No. Points/Issues Findings
1. Whether plaintiff is entitled to
recover principal amount of
Rs.60,000/- from defendant?
If yes, at what rate interest?
Plaintiff is entitled to
recover an amount of
Rs. 60,000/- from the
defendant along with
interest @ 9% p.a. from
date of filing of the suit
till realization.
2. What order and decree? Suit is decreed as per
final order.
REASONS
AS TO POINT NO. 1
6. This being a suit for recovery of an amount, it is imperative to
examine whether the plaintiff has placed on record the requisite
evidence to prove its entitlement.
7. Plaintiff has filed his claim affidavit (Exh-3) in support of his
contentions of receipt of promissory note for consideration of
Rs.60,000/-. His oral testimony is supported by the original promissory
note dated 05.04.2019. Plaintiff enjoys presumption under Section
118(a) of Negotiable Instruments Act, 1881, which supports the
contention of plaintiff that the present promissory note was issued for
the valuable consideration of Rs.60,000/-.
8. As noted above, plaintiff has filed demand promissory note
dated 05.04.2019 which reveals that the plaintiff has lent amount of
Rs.60,000/- to the defendant. Defendant agreed to repay the said
-- 3 of 6 --
4
amount along with interest at the rate of 18% p.a. The said demand
note bears signature of defendant along with his thumb impression.
Thus, fact of lending amount as claimed by the plaintiff in this claim
affidavit is supported by the documents placed on record. As there is no
contra evidence on record, the said fact goes unchallenged. Hence, I
hold that the plaintiff had lent an amount of Rs.60,000/- to the
defendant.
9. The defendant has not appeared in the matter in spite of the
receipt of summons from this Court, which gives an inference that
defendant has nothing to contest and he does not dispute the claim of
the plaintiff. Hence, I hold an amount of Rs.60,000/- is due and
payable by defendant to the plaintiff. Hence, I answer point no.1 in
affirmative.
10. So far as claim of interest is concerned, plaintiff has claimed
interest at the rate of 18 % p.a. Same is excessive as compared to rate of
interest of Nationalized Banks. Therefore, I find it just and proper to
grant interest at the rate of 9% p.a. from the date of filing of the suit till
its realization.
AS TO POINT NO.2.
11. From the findings recorded to the point No.1, it is clear that
plaintiff is entitled to recover an amount of Rs.60,000/- from the
defendant along with interest at the rate of 9% per annum. Hence, in
answer to point No. 2, I proceed to pass following order.
ORDER
1) Summary Suit No. 267 of 2020 is hereby partly decreed with
cost.
2) Defendant to pay an amount of Rs.60,000/- (Rupees Sixty
Thousand Only) to the plaintiff along with interest at the rate
-- 4 of 6 --
5
of 09% per annum from the date of filing of the suit i.e.
17/02/2020, till realization of entire amount.
3) Plaintiff is entitled for refund of court fees as per rules.
4) Decree be drawn up accordingly.
Date- 13/01/2023. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
-- 5 of 6 --
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF TYPIST
19/01/2023 5.45P.M. Mr. SUHAS DADARAO MAHURE
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
13/01/2023
JUDGMENT/ORDER signed by P. O. on 19/01/2023
JUDGMENT/ORDER uploaded on 19/01/2023
-- 6 of 6 --