Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010037172020
Presented on 29-07-2020
Registered on 29-03-2022
Decided on 12-01-2023
Duration Yrs. M. Days
02 05 14
CNR No. MHCC010037172020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.267 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 Rohit Dhuri. ...Plaintiff.
V/s.
KANTILAL AMBALAL SOLANKI
age not known, of Mumbai an adult
Indian inhabitant, working for gain with
BMC, “L” Ward, 1st Floor, Conservancy
Dept, S. G. Barve Marg, Kurla (West),
Mumbai 400 070.
and residing at F/20, B.M.C. Chawl, Near
Lions Garden, L.B.S. Marg, Kurla (W),
Mumbai – 400 070. ....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 : 12th JANUARY, 2023.
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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.2,99,000/ (Rupees Two Lacs Ninety Nine Thousand
Only) and further interest on the principal amount of Rs.2,00,000/
(Rupees Two Lacs 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.2,00,000/
(Rupees Two Lacs Only) on 15.08.2017. 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 21.07.2020. The plaintiff therefore filed the present
suit. The plaintiff prayed for a sum of Rs.2,99,000/ (Rupees Two Lacs
Ninety Nine Thousand Only) and calculated interest on principal
amount of Rs.2,00,000/(Rupees Two Lacs 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 19.08.2022.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed her Claim Affidavit vide Exh.03. The
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plaintiff filed the documents as per the list of documents vide Exh.04.
Plaintiff filed Demand Promissory Note dated 15.08.2017 vide Exh.05,
Plaintiff's legal notice dated 21.07.2020 vide 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.2,00,000/ 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.2,99,000/ with interest on the principal amount of Rs.2,00,000/ .
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:
ORDER
1. The Summary Suit No.267 of 2022 is decreed with costs.
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2. Defendant shall pay amount of Rs.2,99,000/ (Rupees Two Lacs
Ninety Nine Thousand Only) to the plaintiff along with interest at
the rate of 9 percent per annum on the principal amount of
Rs.2,00,000/(Rupees Two Lacs 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.: 12012023 City Civil Court, Gr. MUMBAI
Direct Typed on : 12012023
checked on : 12012023
Signed on : 12012023
( 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”
18.01.2023 at 11.46 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 12.01.2023
Judgment/order signed by P.O. on 12.01.2023
Judgment/order uploaded on 18.01.2023
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