Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010036802020
Presented on 29-07-2020
Registered on 22-10-2021
Decided on 13-01-2023
Duration Yrs. M. Days
02 05 15
CNR No. MHCC010036802020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.896 OF 2021
GANGARAM MALKU GADGE
of Mumbai an adult Indian inhabitant
having his address at Room No.1, Plot
No.198, Tulja Bhawani Society, Shivneri
Nagar, Shingre Wadi, Bail Bazaar, Kurla
(West), Mumbai 400 070. ...Plaintiff.
V/s.
SUMIT RAVNDRA KADAM
of Mumai an adult Indian inhabitant
working for gain B.M.C., Conservancy
Dept., 1st Floor, “L” Ward, S. G. Barve
Road, Kurla (West), Mumbai 400 070.
and residing at Bhimsena Mitramandal,
Bldg., No.D/4, Dr.Ambedkar High School
8, Behind College, P.L. Lokhande Marg,
Chembur, Mumbai 400 089. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
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2 Summary suit no.896 of 21
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 13th JANUARY, 2023.
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.1,53,408.21/ (Rupees One Lakh Fifty Three Thousand
Four Hundred Eight and Twenty One 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 working in BMC office, Mumbai. The defendant
executed Demand Promissory Note of Rs.1,00,000/ (Rupees One Lakh
only) on 12.06.2017. 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 21.02.2020. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.1,53,408.21/ (Rupees One Lakh
Fifty Three Thousand Four Hundred Eight and Twenty One 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.
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3 Summary suit no.896 of 21
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 29.06.2022.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his 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 12.06.2017 vide Exh.05,
Plaintiffs Advocate's letter dated 21.02.2020 vide 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.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.1,53,408.21/with interest on the principal amount of Rs.1,00,000/.
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4 Summary suit no.896 of 21
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:
ORDER
1. The Summary Suit no.896 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.1,53,408.21/ (Rupees One
Lakh Fifty Three Thousand Four Hundred Eight and Twenty One
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.: 13012023 City Civil Court, Gr. MUMBAI
Direct Typed on : 13012023
checked on : 13012023
Signed on : 13012023
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no.896 of 21
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.01.2023 at 11.30 a.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
13.01.2023
Judgment/order signed by P.O. on 13.01.2023
Judgment/order uploaded on 18.01.2023
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