Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 24.07.2020
Registered on : 09.09.2020
Decided on : 08.11.2021
Duration : 01Y 03M 15D
EXHIBIT14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 320 OF 2020
( CNR No.MHCC010036412020)
PREMCHAND GULABCHANDJI ]
Age 80 years of Mumbai an adult ]
Indian Inhabitant carrying on ]
business of Money Lending at and ]
from 46, Modi Street, Ground Floor, ]
Fort, Mumbai 400 001. ].. Plaintiff.
V/s.
1. BALU DEVRAM AWARI ]
Age not known of Mumbai an adult ]
Indian Inhabitant working for gain ]
with Dyss Subarman, Sub Gaurd, ]
CSTM Station, Mumbai400 001. ]
PF No. 01986510 and Residing at, ]
At Post: Asangaon, Shivanjali Nagar, ]
E. Nare Gram Panchayat Office, ]
Asangaon – 421 602. ]
2. KAILASH BISAN WAGHMARE ]
Age not known of Mumbai an adult ]
Indian Inhabitant working for gain ]
with Dyss Subarman, Sub Gaurd, ]
CSTM Station, Mumbai400 001. ]
PF No. 01986510 and Residing at, ]
A501, Vinayak Park, Manda, ]
Titwala (West) 421 605, ]..Defendants.
Advocates Mr. Ramesh Jain and Mrs. Kusum Jain for the plaintiff.
Defendants Exparte.
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CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 08th NOVEMBER, 2021
JUDGMENT
The Suit is instituted for the recovery of the amount of Rs.
85,843.75 Ps. along with interest on the amount of Rs.75,000/ at the
rate of 15% p.a. from the date of institution of the suit till the
realisation of the total decreetal amount.
2. It is the case of the plaintiff that Plaintiff is authorised
money lender. Defendants executed a promissory note in favour of
plaintiff for consideration of Rs.75,000/ and agreed to pay interest at
the rate of 15% p.a. on the same on 19/08/2019. However when the
plaintiff demanded the said amount to defendants, they neglected and
failed to pay the same. Hence plaintiff issued a legal notice to the
defendant on 11/02/2020. Defendants did not pay the amount. Hence,
plaintiff was constrained to institute the present suit for the recovery of
the amount.
3. The defendants were duly served but failed to appear
before the Court. Hence, the suit proceeded exparte against the
defendants.
4. Considering the plaint, documents on record and
submissions of learned advocate for plaintiff, following points arise for
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my determination and my findings to them are as stated below for the
following reasons.
Sr.
No
POINTS FINDINGS
1 Whether the plaintiff has proved that the he
advanced the amount of Rs.75,000/ to the
defendants?
In the
Affirmative
2 Whether plaintiff has proved that the
defendants agreed to pay interest at the rate
of 15% p.a.?
In the
Affirmative
3 Whether plaintiff is entitled to the interest as
claimed for?
In the
Affirmative
4 What Order and decree ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 4:
5. All three points are related to each other and hence, they
are discussed at once.
6. Plaintiff has filed claim affidavit at Exhibit7 . He has
proved all the contentions in the plaint. He has proved all the
documents filed on record. Defendant was having opportunity to appear
in the matter and seek leave to defend. However defendant failed to
avail that opportunity. Hence, the oral and documentary evidence led
by the plaintiff has gone unchallenged.
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7. Plaintiff has produced the original promissory note on
record at Exhibit9 . It bears the signature of defendants. It shows that
the amount of Rs. 75,000/ was advanced by the plaintiff to defendants
and defendants agreed to pay the same with interest at the rate of 15%
p.a. on demand. Plaintiff has produced on record a copy of the notice
issued by him to the defendants on 11/02/2020 at Exhibit10 .
Defendant did not pay the amount.
8. Plaintiff has produced on record a copy of his money
lending license at Exhibit11 . It shows that plaintiff is an authorised
money lender. Plaintiff has filed copy of form Nos.8 and 14 which show
the transaction. They are at Exhibit12 colly. Plaintiff has produced on
record a copy of his ledger at Exhibit13. It also shows the transaction
between plaintiff and defendants.
9. All these documents clearly show that the plaintiff has
advanced amount of Rs.75,000/ to the defendants and defendants
agreed to repay the same with interest at the rate of 15% p.a. They
executed a promissory note in favour of plaintiff but failed to pay the
amount on demand. The rate of interest of 15% p.a. is agreed between
the parties. Hence, there is no need to change the same. I have come to
the conclusion that plaintiff is entitled to the decree as prayed for.
10. In view of all above discussion, I answer point Nos.1 to 3 in
the affirmative and proceed to pass the following order.
O R D E R
1. The suit is decreed with costs.
2. The Defendants are directed to pay jointly and
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severally the amount of Rs.85,843.75Ps. alongwith
interest on the amount of Rs.75,000/ at the rate of 15%
p.a. from the date of institution of the suit till realisation
of the decreetal amount within 60 days of the date of this
order.
3. Court fees be refunded in appropriate proportion and
as per the entitlement.
4. Decree be drawn up accordingly.
5. Summary Suit No.320/2020 stands disposed of
accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 08.11.2021 Gr.Mumbai.
Dictated on: 08.11.2021
Typed on : 08.11.2021
Signed on : 11.11.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12.11.2021 AT 1.30 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
08.112021
Judgment/Order signed by P.O. on 11.11.2021
Judgment/Order uploaded on 12.11.2021
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