Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010035612020
Presented on 16-07-2020
Registered on 22-10-2021
Decided on 16-09-2022
Duration Yrs. M. Days
02 02 00
CNR No. MHCC010035612020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.906 OF 2021
RAJABAI GANGARAM GADGE
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.
AHINSAK RAMDAS BHADVE
age not known of Mumbai an adult Indian
inhabitant working at B.M.C., Conservancy
Dept.,. “L” Ward, S. G. Barve Road, Kurla
(W) Mumbai 400 070.
Worker No.4000293, Pay Sheet No.6025.
And residing at Mun. Building, D/4, Room
No.32, Labour Camp, Mumbai – 400 089. ....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.906 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.76,827.39/ (Rupees Seventy Six Thousand Eight
Hundred Twenty Seven and Thirty Nine Paise Only) and further interest
on the principal amount of Rs.50,000/(Rupees Fifty 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.50,000/(Rupees Fifty Thousand Only)
on 07.04.2017. 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
15.02.2020. The plaintiff therefore filed the present suit. The plaintiff
prayed for a sum of Rs.76,827.39/ (Rupees Seventy Six Thousand
Eight Hundred Twenty Seven and Thirty Nine Paise Only) and
calculated interest on principal amount of Rs.50,000/(Rupees Fifty
Thousand 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. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 30.03.2022.
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3 Summ Suit No.906 of 2021
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed her 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 07.04.2017 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.50,000/ 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, 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.76,827.39/ with interest on the principal amount of Rs.50,000/.
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.906 of 2021
ORDER
1. The Summary Suit No.906 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.76,827.39/ (Rupees Seventy
Six Thousand Eight Hundred Twenty Seven and Thirty Nine Paise
Only) to the plaintiff along with interest at the rate of 9 percent
per annum on the principal amount of Rs.50,000/(Rupees Fifty
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.: 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.906 of 2021
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.09.2022 at 05.35 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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