Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010035832020
Presented on 16-07-2020
Registered on 29-10-2021
Decided on 29-09-2022
Duration Yrs. M. Days
02 02 13
CNR No. MHCC010035832020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.947 OF 2021
JYOTI DATTA WAGH
Age 32 years of Mumbai an adult Indian
inhabitant having her address at 1/11, Ram
Niwas Chawl Sunder Baug, Kurla (West),
Mumbai – 400 070.
through her C. A. Priya Dhuri, Age 26 years. ...Plaintiff.
V/s.
DADABHAU DEVRAM KHARAT
age not known of Mumbai an adult, Indian
inhabitant working for gain with B.M.C.,
“M/E” Ward, Conservancy Department,
4th Floor, Room No.402, Devnar Colony,
Mumbai 400 043.
Emp No.4555126. Residing at Anand Nagar,
N. G. Acharya Marg, Opp. Acharya Marathe
College, Chembur, Mumbai 400 071. ....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 : 29th SEPTEMBER, 2022.
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2 Summary Suit No.947 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.1,35,605.47/ (Rupees One Lakh Thirty Five Thousand
Six Hundred Five and Forty Seven Paise Only) and further interest on
the principal amount of Rs.1,00,000/(Rupees One Lakh 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 an adult Indian inhabitant working in BMC, Mumbai.
The defendant executed Demand Promissory Note of Rs.1,00,000/
(Rupees One Lakh Only) on 10.7.2018. 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 27.02.2020. The plaintiff therefore filed the
present suit. The plaintiff prayed for a sum of Rs.1,35,605.47/ (Rupees
One Lakh Thirty Five Thousand Six Hundred Five and Forty Seven Paise
Only) and calculated interest on principal amount of Rs.1,00,000/
(Rupees One Lakh Only) till the suit is filed. The plaintiff claimed
further interest at the rate 18% p.a. 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 11.03.2022.
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3 Summary Suit No.947 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 10.07.2018 Exh.05,
Plaintiff's legal notice dated 27.02.2020 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.1,00,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.06.
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.1,35,605.47/with interest on the principal amount of Rs.1,00,000/.
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 Summary Suit No.947 of 2021
ORDER
1. The Summary Suit No.947 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.1,35,605.47/ (Rupees One
Lakh Thirty Five Thousand Six Hundred Five and Forty Seven
Paise Only) to the plaintiff along with interest at the rate of 9
percent per annum on the principal amount of Rs.1,00,000/
(Rupees One Lakh 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.: 29092022 City Civil Court, Gr. MUMBAI
Direct Typed on : 29092022
checked on : 29092022
Signed on : 29092022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.10.2022 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
29.09.2022
Judgment/order signed by P.O. on 29.09.2022
Judgment/order uploaded on 11.10.2022
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