Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.741/2018
MHCC010042192018 Presented on : 28/03/2018
Registered on : 21/07/2018
Decided on : 23/08/2023
Duration : 05Y 04M 27D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.11
SUMMARY CIVIL SUIT NO.741 OF 2018
MAHAVIR LALCHAND RATHOD
of Mumbai, an adult Indian Inhabitant,
having his address at 140, Pine Bldg, D’lima
Street, Dockyard (East), Mumbai – 400 010.
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] ..PLAINTIFF
V/s.
RAMWANI I BHATIA
of Mumbai, an adult Indian inhabitant,
working for gain with M.B.P.T Record Attendant
(ACP) Ticket No.040209218, P/P No.C0001046
Card No.10012 193 Bhandar Bhawan, Wadi Bunder,
Mumbai – 400 009 and residing at Shivsai Sadan,
306, Gol Madain Ulahasnagar, Thane – 421 001.
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] ..DEFENDANT
Appearance :-
Mr. Ramesh Jain, learned advocate for plaintiff.
None for defendant (
Ex-parte).
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 23/08/2023.
J U D G M E N T
1 This summary suit is filed for recovery of amount of
Rs.1,08,973.97/- under the demand promissory note. The plaintiff has
come with the case that he has advanced loan of Rs.90,000/- to the
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No.741/2018
defendant, who executed demand promissory note on 15/07/2016.
The defendant had agreed to pay the amount of Rs.90,000/- on
demand alongwith interest at the rate of 15% per annum. However,
defendant did not pay the loan amount, therefore, the plaintiff is
entitled for recovery of amount alongwith interest at the rate of 15%
per annum.
2 The writ of summons was served upon defendant vide
Exhibit-05, but the defendant failed to appear before the Court. Hence,
as per the order in
roznama dated 30/06/2022, suit proceeded ex-
parte against the defendant.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that the
defendant has executed demand
promissory note of Rs.90,000/- ?
Affirmative
2 Does the plaintiff prove that he is
entitled to charge interest as prayed for ?
Partly Affirmative
3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, the plaintiff
entered the witness box and relied on various documents under list
(Exhibit-07). Heard learned advocate for plaintiff.
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As to point Nos.1 to 3 :-
5 The plaintiff has tendered his Claim Affidavit (Exhibit-06)
alongwith documents as per list (Exhibit-07). On perusal of demand
promissory note, it reveals that it bears signature of the defendant. In
consequence of failure to pay the amount under the demand
promissory note, the plaintiff has issued a notice on 14/10/2017.
Thus, the plaintiff is entitled for recovery of amount under the demand
promissory note. The plaintiff is a money lender having license bearing
No.RBC-285, hence, he is entitled to recover the amount as a money
lender. He filed another document related to his license, forms and
also cashbook. It is established that the defendant has executed the
demand promissory note for Rs.90,000/-. Thus, there is no reason to
disbelieve the contentions of plaintiff, which remains unchallenged.
Hence, suit deserves to be decreed as per the provisions of Order
XXXVII Rule 2(3) of the Code of Civil Procedure.
6 There is nothing on record to show that the defendant has
ever paid any amount under the demand promissory note. His absence
and omission to appear before the Court on being served with the writ
of summons shows that he has no substantial defence and has
admitted the claim of plaintiff.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 15% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, he would have invested and would have earned profit
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therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of default i.e. notice
of advocate dated 14/10/2017, till its full realisation. In view of above
discussions, I answer point No.1 in affirmative and point Nos.2 and 3
in partly affirmative.
8 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summary Civil Suit No.741/2018, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.90,000/- alongwith interest at the rate of 9% per
annum, from the date of default i.e. notice issued by
the advocate of plaintiff on 14/10/2017, till its full
realisation from the defendant.
3. Court fees, if any, be refunded as per rule.
4. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 23/08/2023 C.R. No.15
Dictated on : 23/08/2023
Typed on : 23/08/2023
Signed on : 23/08/2023
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No.741/2018
“Certified to be true and correct copy of the original signed order”.
25/08/2023
at about 12.30 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 23/08/2023
Order signed by Hon'ble Judge on : 23/08/2023
Order uploaded on : 25/08/2023
at about 12.30 p.m.
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