Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 891 of 2021 ..J/1.. Exparte Judgement
MHCC010026122020
Presented on 28-02-2020
Registered on 08-12-2020
Decided on 25-03-2022
Duration Years Months Days
02 00 26
CNR No. MHCC010026122020
EXH.20
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.891 OF 2021
1. ARJUN PUNJABI
Age 85 years, Occupation Nill.
2. KAVITA ARJUN PUNJABI
Age 80, Occupation – Nil
Both residing at
13, Casblanca, Cuffe Parade,Mumbai – 400 003.
Through their power Mr. Dinesh Arjun Punjabi. ...Plaintiffs.
V/s.
MANOHAR KISHINCHAND BHATIA
Age : Not known, Adult, residing at B38, Snow
White, CoOp Hsg, Soc, Near Aman Talkies,
Ulhasnagar, Thane Maharashtra – 421003. ....Defendant.
Appearances:
Ld. Advocate Shri Jay Yadav for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
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Summary Suit 891 of 2021 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 25th March, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.18,19,561/ (Rupees Eighteen Lacs Nineteen Thousand Five
Hundred and Sixty One only) alongwith interest on the principal
amount of Rs.15,00,000/(Rupees Fifteen Lacs only) at the rate of 24%
per annum from the date of filing of suit till its realisation.
2. The fact in brief are as follows.
The plaintiff is a senior citizen. The defendant is relative of
plaintiff. The plaintiff advanced and lent to the defendant a sum of
Rs.15,00,000/(Rupees Fifteen Lacs only) in the year 2011 and 2012.
To that defendant executed demand promissory note in favour of
plaintiff dated to 01.04.2019. The defendant promised to pay the
principal amount with interest at the rate 24% 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.18,19,561/ with further interest on
Rs.15,00,000/(Rupees Fifteen Lacs only) till the suit is filed. The
plaintiff claimed further interest at the rate 24% p.a. and prayed to
decree the suit.
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Summary Suit 891 of 2021 .. 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 23.09.2021.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.04 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.05.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.08 and 9 the promissory notes shows that the defendant
obtained the amount and executed promissory notes of Rs.10,00,000/
and Rs.5,00,000 respectively in favour of plaintiff. The plaintiff further
filed the legal demand notice dated 07.02.2019, 31.05.2019,
01.07.2019 and 22.07.2019, vide Ex.10, 13, 16, and 17. 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.15,00,000/ in cash, against it
executed demand promissory note of Rs.10,00,000 and Rs.5,00,000/ 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 rupees 24 percent. 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 891 of 2021 .. J/4 .. Ex-parte Judgment
7. It seems that the plaintiff has demanded exorbitant interest
at the rate of 24% 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. 891 of 2021 is decreed with costs.
2. The defendant shall pay the sum of Rs.18,19,561/(Rupees
Eighteen Lacs Nineteen Thousand Five Hundred and Sixty One
only) to the plaintiff with interest on the principal amount of
Rs.15,00,000/(Rupees Fifteen Lacs Only) at the rate of 9 percent
p.a. 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.: 25032022 City Civil Court, Gr. MUMBAI
Direct typed on : 25032022
Checked on : 25032022
Signed on : 29032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Civil Court, Gr. MUMBAI
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Summary Suit 891 of 2021 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.04.2022 at 01:00 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
25.03.2022
Judgment/order signed by P.O. on 29.03.2022
Judgment/order uploaded on 01.04.2022
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