Final Order 1

Order Details: Ex-parte Judgement
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MHCC010036962020
Lodged on 29/07/2020
Registered on 05/01/2021
Decided on 14/07/2022
Duration 01Y: 11M : 16D
EXHIBIT-08
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 06 OF 2021
Ambalal Rikhabchandji Jain,
an adult Indian
inhabitant, carrying on
business of Money Lending as
a Sole Proprietor in the name
And Style of Ritik Creation at
and from Room No.20, Ground
Floor, Gulam Mohmad
Building, Navroji Hill Road 7,
Dongri, Mumbai-400 009.
...Plaintiff
Versus
Anna Goroba Ghodake
Age not known an adult Indian,
inhabitant working for gain with
BMC, "B" Ward, 121,
Ramchandra Bhatt Marg,
Mumbai-400 009.
EMP No: 4326728, S No. B-2115
and also Residing at Sector
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No.12,Pratibha Society, Navrang
Chowk, Kharghar And also at
913, Dhangar Galli, Village-
Bebali Taluka-Osmanabad, Dist-
Osmanabad-413 501.
...Defendant
Appearance :
Ld. Advocate Mr. Ramesh Jain for plaintiff.
None for defendant (Exparte).
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 14/07/2022.
Judgment
This is the suit for recovery of an amount of Rs.42,000/-
along with interest thereon at the rate of 18% per annum till its
realization.
Plaintiff’s case-
2. Plaintiff is the Money Lender. He had lent and advanced sum
of Rs.42,000/- on 25/09/2017 in cash to the defendant on interest at
the rate of 18% p.a. Defendant had issued demand promissory note in
favour of the plaintiff on the same day. Defendant did not repay the
amount of loan, as agreed, therefore plaintiff issued demand notice
through Advocate on 02/12/2019. In spite of demand notice, defendant
did not pay the amount along with interest thereon. Hence, the present
suit.
3. Defendant was duly served with the writ of summons on
28/12/2021. However, he did not appear before this Court and as such
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suit proceeded exparte against him.
4. In support of claim, plaintiff filed his affidavit of claim at
Exhibit-6 and reiterated her claim by recovery of Rs.42,000/- along with
interest at the rate of 18% p.a. Plaintiff has filed and relied upon
following documents.
Sr.
No.
Exhibit
No. Particulars
1 Exh.7/1 Demand promissory note dtd.25/09/2017
2 Exh.7/2 Plaintiff’s Advocates’ Letter dated 2nd December 2019
3 Exh.7/3 Money Lending License
4 Exh.7/4 Form under Bombay Money Lending Act
5 Exh.7/5 Books of Accounts
5. So as to decide the present suit, following points arise for my
consideration. I have recorded my findings for the reasons, as under :-
Sr. No. Points Findings
1. Whether plaintiff is entitled to
recover an amount of
Rs.63,188.71ps. from defendant?
If yes, at what rate interest?
Plaintiff is entitled to
recover an amount of
Rs.42,000/- from the
defendant along with
interest @ 09% p.a.
from 25/09/2017 till
realization of entire
amount.
2. What order and decree? Suit is partly decreed as
per final order.
REASONS
As to Point No. 1-
6. This being a suit for recovery of an amount, it is imperative to
examine whether the plaintiff has placed on record the requisite
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evidence to prove his entitlement. As noted above, plaintiff has filed
demand promissory note dated 25/09/2017 which reveals that the
plaintiff had lent Rs.42,000/- to the defendant along with interest at the
rate of 18% p.a. The said demand note bears signature of defendant
along with his thumb impression. Thus, the fact of lending amount as
claimed by the plaintiff in this claim affidavit is supported by the
documents placed on record. As there is no contra evidence on record,
the said fact goes unchallenged. Hence, I hold that the plaintiff had lent
amount of Rs.42,000/- to the defendant.
7. Plaintiff has also placed on record the copy of the demand
notice, which reveals that the plaintiff had demanded the amount.
Plaintiff on oath contends that amount due is not paid. This contention
being unchallenged deserves to be accepted. Plaintiff has also produced
on record his money lending licence and copy of the ledger. It boosts
the oral evidence of the plaintiff as to liability of the defendant. Hence I
hold that that plaintiff is entitled to recover an amount of Rs.42,000/-
from the defendant.
8. So far as claim of interest is concerned, plaintiff has claimed
interest at the rate of 18% p.a. Admittedly the rate of interest claimed
by the plaintiff is on higher side as compared to the rate of interest
charged by the nationalized banks. Admittedly amount is lent in year
2017 and suit is filed in 2021. Therefore the interest awarded must be
reasonable and not excessive. Hence I find it just and proper to grant
interest at the rate of 09% p.a. from the date of execution of promissory
note i.e. 25/09/2017. Hence, I answer point No.1 accordingly.
As to Point No. 2-
9. From the findings recorded to the point No.1, it is clear that
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plaintiff is entitled to recover an amount of Rs.42,000/- from the
defendant from 25/09/2017 till its full realization along with interest at
the rate of 09% per annum. Hence, in answer to point No. 2, I proceed
to pass following order.
ORDER
1) Summary Suit No.06 of 2021 is hereby partly decreed with
costs.
2) Defendant do pay an amount of Rs.42,000/-(Rupees Forty
Two Thousand Only) to the plaintiff along with interest at
the rate of 09% per annum from 25/09/2017 till its full
realization.
3) Decree be drawn up accordingly.
4) Plaintiff is entitled for refund of Court fees, as per rules.
Date- 14/07/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
Dictated on : 14/07/2022
Transcribed on : 15/07/2022
Signed on : 16/07/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/07/2022 at 4.00p.m. Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
14/07/2022
JUDGMENT/ORDER signed by P. O. on 16/07/2022
JUDGMENT/ORDER uploaded on 16/07/2022
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