Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.920/2018 1
Received on : 09022018
Registered on : 03092018
Decided on : 16122019
Duration : 01Y 10M 06D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.920 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010021202018)
Swati Sahebrao Gadge,
Age: 27years,
Residing at Room No.11,
Stany Chawl, Wadia Estate,
Kurla(West),
Mumbai400 070. ...Plaintiff
Versus
Varsha Sharad Jadhav,
Age: Adult
Working for gain with Kasturba
Hospital, Sane Guruji Road,
Public Health Mumbai,
Employee No.3932175,
Paysheet No.2413 and
Residing at M.H.B.Colony,
Nirmal Nagar,
Bldg.No.9, Room No.17,
Khar East, Mumbai400 051. ...Defendant
Appearances:
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE: 16TH DECEMBER 2019
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SUMMARY SUIT NO.920/2018 2
JUDGMENT
1. This is summary suit for recovery of Rs.2,37,479.45/ (Rupees
Two Lakhs Thirty Seven Thousand Four Hundred Seventy Nine and
Forty Five paise only) with interest @ 18% p.a..
2. According to the plaintiff, in consideration of loan of
Rs.2,00,000/, the defendant executed promissory note of Rs.2,00,000/
in her favour on 25/06/2016. The defendant agreed to pay interest @
18% p.a. However, the defendant later failed to repay the amount
despite demand notice issued by the plaintiff. On the date of suit the
defendant was liable to pay Rs.2,37,479.45/. Therefore, the plaintiff
requested to grant the decree for recovery of said amount with interest
@ 18% p.a..
3. Despite service of summons the defendant failed to appear.
Therefore, suit proceeded exparte against the defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed?
Yes
2. At what pendente lite and
future interest?
Interest @ 10% p.a.
3. What order and decree? As per final order
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SUMMARY SUIT NO.920/2018 3
REASONS
AS TO POINTS NO.1 to 3.
5. The plaintiff filed evidence affidavit at Exh.6 and the documents
below list Exh.7. Her testimony speaks that in consideration of loan of
Rs.2,00,000/, the defendant executed promissory note dated
25/06/2016 of Rs.2,00,000/ in her favour and agreed to pay interest
@ 18% p.a.. However, despite the demand notice the defendant failed
to repay the amount.
6. Copy of money lending licence produced on record shows that
the plaintiff is licenced money lender. Promissory note dated
25/06/2016 shows that it was executed by the defendant in favour of
the plaintiff on 25/06/2016 for Rs.2,00,000/ with interest @ 18% p.a..
Thus, the testimony of the plaintiff, the documents on record and
failure of the defendant to contest the plaintiff’s case prove the case of
the plaintiff. Therefore, plaintiff is entitled to recovery of the amount as
prayed. However, as regards pendente lite and future interest, it is just
and proper to grant the same @ 10% p.a.. Hence, point No.1 is
answered in the affirmative and point No.2 is answered as 10% p.a. In
answer to point No.3 order as follows is passed.
ORDER
1. The suit is exparte decreed with costs as under:
2. The defendant shall pay to the plaintiff amount of
Rs.2,37,479.45/ (Rupees Two Lakhs Thirty Seven Thousand
Four Hundred Seventy Nine and Forty Five paise only) with
interest @ 10% p.a. on principal amount of Rs.2,00,000/
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SUMMARY SUIT NO.920/2018 4
from the date of suite till realization of amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date:16/12/2019 City Civil Court, Gr.Mumbai
Dictated on : 16/12/2019
Transcribed on : 26/12/2019
Signed on : 30/12/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03/01/2020 at 10.40p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 16/12/2019
Judgment/Order signed by P.O. on 30/12/2019
Judgment/Order uploaded on 03/01/2020
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