Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010037022020
Presented on 29-07-2020
Registered on 03-03-2022
Decided on 16-09-2023
Duration Year Month Days
03 01 18
CNR No. MHCC010037022020
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.177 OF 2022
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 years ...Plaintiff.
V/s.
RAJESH SHIV AAKHEL
age not known of Mumbai an adult Indian
Inhabitant working for gain with B.M.C.,
Conservancy Department “L” ward,
S.G. Barve Marg, Kurla (W),
Mumbai – 400 070, Worker No.4145660.
Paysheet No.6029, residing at New Bharat
Nagar, Vashinaka 2nd stop, Chembur,
Mumbai – 400 074.
....Defendant.
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Appearances:
Ld. Adv. Mr. Rajesh Patil for plaintiff.
None present for defendant.
CORAM : HIS HONOUR JUDGE
SHRI R. S. KSHIRSAGAR
(C.R.No.13)
DATED : 16th September, 2023
J U D G M E N T
(Ex-parte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.1,53,704.10/ (Rupees One Lakh Fifty Three Thousand
Seven Hundred four and Ten paise only) with further interest on the
principal amount of Rs.1,00,000/ (Rupees One Lakh Only) at the rate of
18% per annum from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff lent an advanced to the defendant executed a Demand
Promissory Note in favour of plaintiff for a sum of Rs.1,00,000/-
(Rupees One Lakh only) received by the defendant from the plaintiff.
The defendant promised to pay on demand to the plaintiff the sum of
Rs.1,00,000/- at the rate of 18% per annum. The defendant drawn and
accepted the Demand Promissory Note on 07.05.2017 in favour of
plaintiff. The defendant failed to repay the same. The plaintiff on
several occasions demanded the repayment of said amount, but the
defendant failed and neglected to pay the same. The plaintiff issued
demand notice dated 20.02.2020 alongwith recording the above facts,
and instructed the defendant to comply with the letter within 48 hours
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receipt but the defendants failed to repay the demand. Hence, the
present suit. The plaintiff prayed to decree the suit.
3. The defendant was duly served but, he failed to appear
hence, suit was proceeded Ex-parte against the defendant as per order
dated 21.01.2023.
4. Heard the Learned Advocate for plaintiff. Plaintiff filed
Claim Affidavit Exh.3 alongwith compilation of documents vide Exh.4.
Plaintiff filed Demand Promissary Note dated 07.05.2017 vide Exh.5
and Legal/Demand Notice dated 20.02.2020 alongwith postal records
vide Exh.6.
5. Plaintiff in his evidence affidavit Exh.3 reiterated the
contents of Exh.1. After going through the documents filed by the
plaintiff, it seems that the defendant had taken the amount and agreed
to repay the same on demand alongwith interest. The defendant
however, failed to repay the same. The original Demand Promissory
Note vide Exh.5 was executed and accepted by the defendant. The
defendant failed to appear and challenge the oral and documentary
evidence of plaintiff. The defendant also failed to cross-examine the
plaintiff. Therefore, the evidence of plaintiff has gone unchallenged.
The plaintiff on oath stated about the money lent to the defendant. The
documents filed by the plaintiff had also gone unchallenged. It
therefore seems that the defendant is liable to pay the principal amount
and the interest accrued upon it. The plaintiff calculated the amount of
Rs.1,53,704.10/ till the date of filing of the suit.
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6. The plaintiff is demanding the interest at the rate of 18%
per annum. It seems that there is no contract in writing regarding the
rate of interest to be paid in case of breach. It therefore seems that the
interest at the rate of 18% per annum is exorbitant and therefore, it
cannot be granted to the plaintiff. Considering the nature of transaction
the interest at the rate of 9% per annum will suffice the purpose of
justice therefore, I, proceed to pass the following order:
ORDER
1. The Summary Suit No. 177 of 2022 is decreed with costs.
2. The defendants do pay the sum of Rs.1,53,704.10/ (Rupees One Lakh
Fifty Three Thousand Seven Hundred Four and Ten paise only) to the
plaintiff.
3. Defendant do pay rate of interest at the rate of 9 percent p.a. on
the principal amount of Rs.1,00,000/ (Rupees One Lakh Only) from the
date of filing of the suit till its realisation.
4. Decree be drawn up accordingly.
5. Court fees be refunded as per rule.
6. Judgement dictated and pronounced in open court.
7. R and P be sent to Record Department.
( Shri R. S. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 16-09-2023 City Civil Court, Gr. MUMBAI
Dictated on : 16-09-2023
Transcribed on : 16-09-2023
checked on : 16-09-2023
Signed on : 16-09-2023
( Shri R. S. 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”
16.09.2023 at 04.35 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri R.S.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
16.09.2023
Judgment/order signed by P.O. on 16.09.2023
Judgment/order uploaded on 16.09.2023
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