Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010033482020
Presented on 18-03-2020
Registered on 04-11-2020
Decided on 06-05-2022
Duration Yrs. M. Days
02 01 19
CNR No. MHCC010033482020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.417 OF 2020
YANKAVVA YALLAPPA ANDREDI
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.
BANDU DHODIRAM SALVE
Age not known of Mumbai, an adult, Indian
inhabitant, working for gain with B.M.C.,
B Ward, Conservancy Dept, Room No.2, 121
Ramchand Bhat Marg, Babutla Tank Cross
Lane, Mumbai 400 009,
Emp Code:4480480.
And Residing at Room No.72, Vazir
Baba Chawl, Azad Galli, P. Y. Thorat
Road, Chembur Station, Chembur (East),
Mumbai – 400 089. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
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2 Summary Suit No.417 of 2020
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 6th MAY, 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.2,49,055.34/ (Rupees Two Lacs Forty Nine Thousand
Fifty Five and Thirty Four Paise Only) and further interest on the
principal amount of Rs.2,30,000/(Rupees Two Lacs Thirty 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 in BMC, Mumbai. The defendant executed
Demand Promissory Note of Rs.2,30,000/(Rupees Two Lacs Thirty
Thousand Only) on 22.08.2019. 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 the promissory note. The plaintiff issued
legal notice dated 20.01.2020. The plaintiff therefore filed the present
suit. The plaintiff prayed for a sum of Rs.2,49,055.34/ (Rupees Two
Lacs Forty Nine Thousand Fifty Five and Thirty Four Paise Only) and
calculated interest on principal amount of Rs.2,30,000/(Rupees Two
Lacs Thirty Thousand Only) till the suit is filed. The plaintiff claimed
further interest at the rate 18% p.a. and prayed to decree the suit.
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3 Summary Suit No.417 of 2020
3. The defendant was duly served with writ of summon. He
remain absent and therefore, the suit was proceeded exparte as per
order dated 26.10.2021.
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 Demand Promissory Note dated 22.08.2019 Exh.05,
Plaintiffs Advocate's letter dated 20.01.2020 Exh.06, Money lender
license Article A, Forms under Bombay Money lending Act Article B,
Books of Accounts Article C.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.05 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.2,30,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.6.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff handed over
the demand promissory note Exh.05 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
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.2,49,055.34/with interest on the principal amount of Rs.2,30,000/.
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4 Summary Suit No.417 of 2020
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.417 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.2,49,055.34/ (Rupees Two
Lacs Forty Nine Thousand Fifty Five and Thirty Four Paise Only)
to the plaintiff along with interest at the rate of 9 percent per
annum on the principal amount of Rs.2,30,000/(Rupees Two
Lacs Thirty 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.: 06052022 City Civil Court, Gr. MUMBAI
Direct Typed on : 06052022
checked on : 06052022
Signed on : 12052022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary Suit No.417 of 2020
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.05.2022 at 11.56 a.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
06.05.2022
Judgment/order signed by P.O. on 12.05.2022
Judgment/order uploaded on 19.05.2022
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