Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010035562020
Presented on 16-07-2020
Registered on 22-10-2021
Decided on 16-09-2022
Duration Yrs. M. Days
02 02 00
CNR No. MHCC010035562020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.909 OF 2021
RAJABAI GANGARAM GADGE
Age 60 years of Mumbai an adult Indian
inhabitant having her address at Room No.11,
Stany Welfare Housing Society, Opp. Building
No.16, Wadia Estate, Bail Bazar, Kurla (West),
Mumbai 400 070.
Through Constituted Attorney
Mr. Priya Rohit Dhuri
...Plaintiff.
V/s.
GEETA TEJALAL MARU
age not known of Mumbai an adult Indian
inhabitant working at B.M.C., Conseravancy
Dept,., “L” Ward, S. G. Barve Road, Kurla
(W), Mumbai 400 070.
Worker No.4208929, Pay Sheet No.6029 ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 16th SEPTEMBER, 2022
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2 Summ Suit No.909 of 2021
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.2,99,000/ (Rupees Two Lacs Ninety Nine Thousand
Only) and further interest on the principal amount of Rs.2,00,000/
(Rupees Two Lacs 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.2,00,000/(Rupees Two Lacs Only) on
05.04.2017. The defendant promised to pay the principal amount with
interest at the rate of 18% per annum. But she 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
15.02.2020. The plaintiff therefore filed the present suit. The plaintiff
prayed for a sum of Rs.2,99,000/ (Rupees Two Lacs Ninety Nine
Thousand Only) and calculated interest on principal amount of
Rs.2,00,000/(Rupees Two Lacs Only) till the suit is filed. The plaintiff
claimed further interest at the rate 18% per annum and prayed to
decree the suit.
3. The defendant was duly served with writ of summon. She
remained absent and therefore, the suit was proceeded exparte as per
order dated 30.03.2022.
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3 Summ Suit No.909 of 2021
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed her Claim Affidavit vide Exh.03. The
plaintiff also filed the documents as per the list of documents vide
Exh.04. Plaintiff filed Demand Promissory Note dated 05.04.2017
Exh.05, Plaintiffs Advocate's letter dated 15.02.2020 Exh.06, Money
lender license Artice 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 promise to pay at Mumbai to the
plaintiff a sum of Rs.2,00,000/ 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.5 and defendant failed to repay the
same, even after, she was issued legal notice. However, the defendant
failed to reply the same. The defendant neither appeared nor filed her
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.2,99,000/ with interest on the principal amount of Rs.2,00,000/.
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
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4 Summ Suit No.909 of 2021
ORDER
1. The Summary Suit No.909 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.2,99,000/ (Rupees Two Lacs
Ninety Nine Thousand Only) to the plaintiff along with interest at
the rate of 9 percent per annum on the principal amount of
Rs.2,00,000/(Rupees Two Lacs 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.: 16092022 City Civil Court, Gr. MUMBAI
Direct Typed on : 16092022
checked on : 16092022
Signed on : 16092022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summ Suit No.909 of 2021
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.09.2022 at 05.32 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 16.09.2022
Judgment/order signed by P.O. on 16.09.2022
Judgment/order uploaded on 19.09.2022
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