Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 563/2019 1
Received on : 11032019
Registered on : 03062019
Decided on : 16122019
Duration : 00Y 09M 07D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.563 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010028282019)
Mrs.Nalini Santosh Madgunde
Adult, Age 31 years,
Occupation Carrying on Money
Lending Business, in the nae of Nalini
Santosh Madgunde under license No.RBE
1343, and having her residence and office
at Room No.2, Behind Shop line,
First floor, Building No.4,
Wadia Estate, Near Radhadevi
Dispensary Bail Bazar,
Kurla(W), Mumbai400 070. ...Plaintiff
Versus
Mr. Dnyanesh G Ghadigaonkar
of Prabhadevi Road,
Adult, Age 32 years,
Occupation: Service
Residing at C/409, Sukh Sagar
CHS, Ltd. Near Prabhadevi Road,
Mumbai25. ….Defendant
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 16TH DECEMBER 2019
J U D G M E N T
1. This is the summary suit for recovery of Rs.2,72,500/ (Rupees
Two Lakhs Seventy Two Thousand and Five Hundred only) with
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SUMMARY SUIT 563/2019 2
interest @ 18% p.a..
2. According to the plaintiff she is a licensed money lender. In
consideration of loan of Rs.2,50,000/ paid by her to the defendant, the
defendant executed promissory note of Rs.2,50,000/ dated
17/06/2018 in her favour. The defendant agreed to pay interest @
18% p.a.. However, later the defendant failed to repay the amount. The
defendant dishonoured the promissory note. Despite notice of demand
dated 19/11/2018 the defendant failed to comply with the same.
Therefore, the plaintiff claimed recovery of the amount of
Rs.2,72,500/ with interest @ 18% p.a.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded expate 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 amount with
interest as prayed?
Yes
2. At what pendente lite and
future interest?
At simple rate of 10% p.a.
3. What order and decree? As per final order
REASONS
AS TO POINTS NO.1 to 3.
5. The plaintiff filed her evidence affidavit at Exh.7 and the
documents below Exh.8. Her testimony speaks that the defendant
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SUMMARY SUIT 563/2019 3
executed promissory note of Rs.2,50,000/ in her favour in
consideration of the amount of Rs.2,50,000/. However, the defendant
failed to honour promissory note despite notice of demand dated
19/11/2018.
6. The document that is copy of money lender's license shows that
the plaintiff is a licensed money lender. The promissory note dated
17/06/2018 shows that the defendant executed it in favour of the
plaintiff for Rs.2,50,000/ and agreed to pay interest @ 18% p.a.. Thus,
the testimony of the plaintiff and documents, and the circumstance that
the defendant failed to contest the suit, prove case of the plaintiff.
Therefore, the plaintiff is entitled to recovery of the amount as prayed.
Hence, point No.1 is answered in the affirmative. However, as regards
point No.2, it is just and proper to grant the same at simple rate of 10%
p.a. Hence, 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 decreed with costs as under:
2. The defendant shall pay to the plaintiff amount of Rs.2,72,500/
(Rupees Two Lakhs Seventy Two Thousand and Five Hundred
only) with interest @ 10% p.a. on principal amount of
Rs.2,50,000/ from the date of suit 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 : 19/12/2019
Signed on : 23/12/2019
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SUMMARY SUIT 563/2019 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/12/2019 at 11.00a.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 23/12/2019
Judgment/Order uploaded on 27/12/2019
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