Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010033682020
Presented on : 18-03-2020
Registered on : 04-11-2020
Decided on : 06-09-2022
Duration : 02-Y, 05-M, 19 -D
EXHIBIT-10
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 412 OF 2020
Yallapa Pochchapa Jadhav,
Age 30 years, Indian Inhabitant,
carrying on business at Room No.78
Makadwala Chawl, Jay Shankar
Chowk, Masarani Lane, Halav Pul,
Kurla (W), Mumbai – 400 070.
...Plaintiff
Versus
Ashok Jagannath kamble,
adult, working for gain with B.M.C.
Colony, Chawl No.3, Room No.19,
Shivaji Nagar, Jogeshwari East,
Mumbai-400060 and residing at Room
No.306, Kheteshwar Bhavan, Near
Vaishnavi Devi Mandir Samrth Nagar,
Ghansolo Gaon, Navi Mumbai-400
701.
...Defendant
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Appearance :
Ld. advocate Mr.Rajesh M. Patil for plaintiff.
None for defendant (e
xparte).
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 06/09/2022
JUDGMENT
(Dictated and pronounced in open court)
This is the Summary suit filed under Rule 2 of Order XXXVII
of Code of Civil Procedure, 1908 (“CPC” for short) for recovery of
principal amount of Rs.2,20,000/-along with interest thereon at the
rate of 18% p.a till its realization.
PLAINTIFF’S CASE
2. Plaintiff is a licensed Money Lender. He had lent sum of
Rs.2,20,000/- to the defendant on 20.03.2017 in cash with an interest
at the rate of 18% p.a. Defendant had issued demand promissory note
in favour of the plaintiff on the same day. 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 10.03.2020 but the defendant failed and neglected to pay
the same. Therefore plaintiff has filed the present suit.
3. Defendant was duly served with writ of summons on
17.03.2021. However, he did not appear before this Court and as such
suit proceeded
ex-parte against him.
4. In support of claim, plaintiff filed his affidavit of claim at
Exhibit-6 and reiterated his claim of recovery of Rs.2,20,000/- along
with interest at the rate of 18% p.a. Plaintiff has filed and relied upon
following documents.
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Sr.
No.
Exhibit
No. Particulars
1 Exh.7/1 Copy of Money lending license
2 Exh.7/2 Copy of form No.10
3 Exh.7/3 Copy of cash entry
4 Exh.7/4 Copy of ledger entry
5 Exh.08 Original demand promissory note dated 20.03.2017 for
Rs.2,20,000/-.
6 Exh.09 Office copy of Demand notice dated 10.03.2020,
alongwith Postal receipts.
5. So as to decide the present suit following points arise for my
consideration. I have recorded my findings along with reasons on the
said point as under :-
Sr. No. Points/Issues Findings
1. Whether plaintiff is entitled to
recover principal amount of
Rs.2,20,000/- from defendant?
If yes, at what rate interest?
Plaintiff is entitled to
recover an amount of
Rs. 2,20,000/- 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.
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7. Plaintiff has filed his claim affidavit in support of his
contentions of receipt of promissory note for consideration of
Rs.2,20,000/-. His oral testimony is supported by the original
promissory note dated 20.03.2017. 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.2,20,000/-.
8. As noted above, plaintiff has filed demand promissory note
dated 20.03.2017 which reveals that the plaintiff has lent money of
Rs.2,20,000/- to the defendant on interest at the rate of 18% p.a. The
said demand note bears signature of defendant along with his thumb
impression with endorsement ‘received in cash’. The address mentioned
on the demand note and the address mentioned in the recovery notice
placed on record by the plaintiff at Exhibit-9 is the same. The summons
in the present matter was duly served on the same address. The notice
was sent on his home address as well as his office address. 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 amount of Rs.2,20,000/- as claimed by him.
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 do not dispute the claim of the
plaintiff. Hence, I hold an amount of Rs.2,20,000/- is due and payable
to the plaintiff from the defendant. 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
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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.2,20,000/- from the
defendant along with interest at the rate of 09% per annum. Hence, in
answer to point No. 2, I proceed to pass following order.
ORDER
1) Summary Suit No. 412 of 2020 is hereby partly decreed with
costs.
2) Defendant do pay an amount of Rs.2,20,000/-(Rupees Two
Lakhs Twenty Thousand Only) to the plaintiff along with
interest at the rate of 09% per annum from the date of
filing of suit till its realization.
3) Court fees be refunded to the plaintiff as per the rules.
4) Decree be drawn up accordingly.
Date- 06/09/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/09/2022 Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
06/09/2022
JUDGMENT/ORDER signed by P. O. on 07/09/2022
JUDGMENT/ORDER uploaded on 07/09/2022
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