Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010040292020
Presented on 23-03-2020
Registered on 06-11-2020
Decided on 27-06-2022
Duration Years Months Days
02 03 04
CNR No. MHCC010040292020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.429 OF 2020
YALLAPA POCHCHAPA JADHAV
Age 30 years, Indian Inhabitant, carrying on
business at Room No.78, Makadwala Chawl,
Jay Shankar Chowk, Masarani Lane, Halav
Pul, Kurla (W), Mumbai – 400 070. ...Plaintiff.
V/s.
1. PUNDLIK BABURAO GAVADE
adult, residing at 301, Tai Sadan, 3rd Floor,
Gaondevi Road, Nagawadi, Diva (W), Thane
400612 and Room No.200, AtPost Aansar,
Ta. Wengula, Dist. Sindhudurg 416 516.
2. SMT. SAVITA PNDLIK GAVADE,
adult, residing at Omkkar Society, Plot No.24,
Room No.31, Near Mangalmurti Hospital
Gorai Borivali (W), Mumbai – 400091. ....Defendants.
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
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Summary Suit 429 of 2020 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 27th JUNE, 2022.
J U D G M E N T
(Exparte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,99,000/(Rupees Two Lacs Ninety Nine Thousand only)
with further interest on the principal amount of Rs.2,00,000/ (Rupees
Two Lacs 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 and advanced to the defendants the sum of
Rs.2,00,000/ on 28.03.2017 in cash with interest at the rate of 18%
per annum. The defendants executed demand promisory note in favour
of plaintiff. The defendants failed to repay the same. The plaintiff on
several occasions demanded the repayment of said amount, but the
defendants failed and neglected to pay the same. The plaintiff issued
legal notices but the defendants failed to repay the demand. Hence, the
present suit. The plaintiff prayed to decree the suit.
3. The defendants were duly served but, they failed to appear
hence, suit were proceeded Exparte against the defendants as per order
dated 28.02.2022.
4. Heard the Learned Advocate for plaintiff. Plaintiff filed
Claim Affidavit Exh.03 alongwith Compilation of Documents vide
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Summary Suit 429 of 2020 .. J/3 .. Ex-parte Judgment
Exh.04. Plaintiff filed the original promisory note and Notice of demand
vide Exh.05 and 06.
6. After going through the documents filed by the plaintiff, it
seems that the defendants had taken the amount and agreed to repay
the same on demand alongwith interest. The defendants however,
failed to repay the same. The original promissory note shows that the
promissory note was executed by the defendants. The defendants failed
to appear and challenge the oral and documentary evidence of plaintiff.
The defendants also failed to crossexamine the plaintiff. Therefore, the
evidence of plaintiff has gone unchallenged. The plaintiff on oath
stated about the money lent to the defendants. 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.2,99,000/ till the
date of filing of the suit. Considering the nature of transaction it would
not be appropriate to grant further interest at the rate of 18% per
annum. However, the interest at the rate of 9% per annum would meet
the ends of Justice. Hence, I, proceed to pass the following order:
ORDER
1. The Summary Suit no. 429 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,99,000/(Rupees Two
Lacs Ninety Nine Thousand only) to the plaintiff with interest on
the principal amount of Rs. 2,00,000/ (Rupees Two Lacs only)
at the rate of 9 percent p.a. from the date of filing of the suit till
its realisation.
3. Decree be drawn up accordingly.
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Summary Suit 429 of 2020 .. J/4 .. Ex-parte Judgment
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 27062022 City Civil Court, Gr. MUMBAI
Direct Typed on : 27062022
checked on : 27062022
Signed on : 29062022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summary Suit 429 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.07.2022 at 04.16 p.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 27.06.2022
Judgment/order signed by P.O. on 07.07.2022
Judgment/order uploaded on 07.07.2022
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