Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Exh. 1 Sum.Suit 740/18
MHCC010042182018
Presented on : 28-03-2018
Registered on : 21-07-2018
Decided on : 11-03-2021
Duration : 2 years 11 months 11 days
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 740 OF 2018
Mahavir Lalchand Rathod
Age 48 years of Mumbai, an
adult, Indian Inhabitant, having
his address at 140, Pine Bldg.,
D’lima Street, Dockyard (E),
Mumbai 400 010 ...Plaintiff
Versus
Mohammed Ilyas Malim
age : not known of Mumbai an
adult Indian inhabitant, working
for gain with Mazgaon Dock Ltd.,
WLD Dept, Mazdoor-III, Chipper
Grounder, Emp I.D.No.00023120
Dockyaard (East), Mumbai 400010
and residing at Bombay House, 2nd
Floor, Room No.15, Nava Nagar,
Dockyard Road, Mumbai 400 010. ….Defendant.
Appearances:-
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Ex-parte.
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Judgment Exh. 2 Sum.Suit 740/18
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R. NO. 28)
DATE : 11th MARCH, 2021
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.68,358/-
(Rupees Sixty Eight Thousand Three Hundred and Fifty Eight Rupees
Only) with interest at the rate of 15% p.a..
2. According to the plaintiff, he is carrying on business of Money
lending. In consideration of Rs.55,000/- obtained by the defendant
from the plaintiff, the defendant executed promissory note of same
amount on 28/04/2016 in favour of the plaintiff. By same promissory
note the defendant promised to pay interest at the rate of 15% p.a. on
the said sum of Rs.55,000/-. However, the defendant neglected to pay
the said amount. Despite service of legal notice of demand dated
14/10/2017, the defendant failed to pay the said amount. At the
institution of the suit, the amount due and payable by the defendant
was Rs.68,358/-. Therefore, the plaintiff claimed decree for recovery of
said amount with the interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded ex-parte against the Defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:-
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Judgment Exh. 3 Sum.Suit 740/18
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount ?
Affirmative.
2. At what rate of pendente lite and
future interest ?
12% p.a.
3. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 to 3:-
5. The plaintiff filed his Claim Affidavit at Exh.6 and also
produced documents with list Exh.7. The Affidavit and the document as
promissory note dtd.28/04/2016 reveal that the defendant executed
said promissory note for Rs.55,000/- in favour of the plaintiff and also
promised to pay interest at the rate of 15% p.a.. Copy of license in Form
No.3 shows that the plaintiff is licensed Money Lender. Despite legal
notice dtd.14/10/2017, the defendant failed to pay the amount to the
plaintiff. Thus, the Claim Affidavit, documents on record and the
circumstance that defendant failed to appear and contest/challenge the
suit, proved the case of the plaintiff. Therefore, the plaintiff is entitled
to recovery of the amount. Considering overall facts and circumstances
it is just and proper to grant interest at the rate of 12% p.a.. Hence,
point No.1 is answered in the Affirmative and whereas point No.2 is
answered as 12% p.a.. In view of Para-499 of Civil Manual court fees
has to be refunded to the plaintiff, this being summary suit where the
defendant did not appear. In answer to point No.3 order as follows is
passed:-
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Judgment Exh. 4 Sum.Suit 740/18
ORDER
1. The suit is ex-parte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.68,358/-
(Rupees Sixty Eight Thousand Three Hundred and Fifty Eight Rupees
Only) with simple interest at the rate of 12% p.a. on principal amount
of Rs.55,000/- from the date of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 11/03/2021 City Civil Court, Gr. Mumbai
Dictated on : 11.03.2021
Transcribed on : 11.03.2021
Date of sign : 12.03.2021
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Judgment Exh. 5 Sum.Suit 740/18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 12.03.2021 3.15 p.m.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri.D.L.Bhagwat
(C.R.NO.28)
Date of Pronouncement of
JUDGMENT /ORDER
11.03.2021
JUDGMENT /ORDER signed by P.O. on 12.03.2021
JUDGMENT /ORDER uploaded on 12.03.2021
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