Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.907/2021
MHCC010035662020 Presented on : 16/07/2020
Registered on : 22/10/2021
Decided on : 12/07/2023
Duration : 02Y 11M 28D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.11
SUMMARY CIVIL SUIT NO.907 OF 2021
SWATI SAHEBRAO GADGE,
of Mumbai an adult Indian Inhabitant,
Having her address at Room No.1, Plot No.198,
Tulja Bhawani Society, Shivneri Nagar,
Shingre Wadi, Bail Bazar, Kurla (West),
Mumbai – 400 070 through her C.A. Priya Dhuri.
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] ..Plaintiff
V/s.
MEHUL MOHAN BERADIYA
of Mumbai an adult Indian Inhabitant,
working for gain with BMC, cleaner,
Supervisor, Conservancy Department
“K” West Section, Tata Compound, S. V. Road,
Andheri (W), Mumbai 400 058. Worker No.
4505860. Residing at Juhu Galli, Ram Temple,
Slum Harijan Vas, Andheri (W), Mumbai – 400 058.
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] ..Defendant
Appearance :-
Mr. Ramesh Jain, learned advocate for plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 12/07/2023.
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No.907/2021
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.1,53,802.73/- (Rupees One Lakh Fifty-Three Thousand Eight
Hundred Two and Seventy-Three Paise only) under the promissory
note. The plaintiff has come with the case that she has advanced loan
of Rs.1,00,000/- (Rupees One Lakh only) to the defendant, who
executed promissory note on 20/04/2017. The defendant had agreed
to pay the amount of Rs.1,00,000/- (Rupees One Lakh only) on
demand alongwith interest at the rate of 18% per annum. However,
defendant did not pay the loan amount, therefore, the plaintiff is
entitled for recovery of amount alongwith interest at the rate of 18%
per annum.
2 The writ of summons was served upon the defendant vide
Exh-05. The defendant refused to accept the summons, so the bailiff
affixed the said summons on his door as per Order V Rule 17 of Code
of Civil Procedure in his presence. As the defendant failed to appear
before the Court, the suit proceeded ex-parte as per
roznama dated
03/07/2023.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the defendant
has executed promissory note of
Rs.1,00,000/- (Rupees One Lakh only) ?
Affirmative
2 Does the plaintiff prove that she is entitled
to charge interest as prayed for ?
Partly Affirmative
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No.907/2021
3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the authorised
person of plaintiff entered into the witness box and relied on various
documents under list (Exh-07). Heard learned advocate for plaintiff.
As to point Nos.1 to 3 :-
5 The authorised person of plaintiff has tendered her Claim
Affidavit (Exh-06) alongwith documents as per list (Exh-07). On
perusal of promissory note, it reveals that it bears signature of the
defendant. Inconsequence of failure to pay the amount under the
promissory note, the plaintiff has issued a notice on 15/02/2020.
Thus, the plaintiff is entitled for recovery of amount under the
promissory note. The plaintiff is a money lender having license bearing
No.RBE-1110, hence, she is entitled to recover the amount as a money
lender. She filed other documents related to her license and copies of
forms and cashbook. Thus, it is established that the defendant has
executed the promissory note for Rs.1,00,000/- (Rupees One Lakh
only).
6 There is nothing on record to show that the defendant has
ever paid any amount under the promissory note. His absence and
omission to appear before the Court on being served with the writ of
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No.907/2021
summons shows that he has no substantial defence and has admitted
the claim of plaintiff. Therefore, the plaintiff is entitled to recover the
amount under the promissory note.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, she would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of default i.e. notice
of advocate dated 15/02/2020, till its full realisation. In view of above
discussions, I answer point No.1 in affirmative and point Nos.2 and 3
in partly affirmative.
8 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summary Civil Suit No.907/2021, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.1,00,000/- (Rupees One Lakh only) alongwith
interest at the rate of 9% per annum, from the date of
default i.e. notice of advocate dated 15/02/2020, till
its full realisation from the defendant.
3. Decree be drawn up accordingly.
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4. Court fees, if any, be refunded as per rule.
(Judgment pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 12/07/2023 C.R. No.15
Directly typed on : 12/07/2023
Signed on : 13/07/2023
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“Certified to be true and correct copy of the original signed order”.
13/07/2023
at about 05.20 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 12/07/2023
Order signed by Hon'ble Judge on : 13/07/2023
Order uploaded on : 13/07/2023
at about 05.20 p.m.
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