Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010043422020
Presented on 03-10-2020
Registered on 16-10-2020
Decided on 06-05-2022
Duration Yrs. M. Days
01 07 03
CNR No. MHCC010043422020
EXH.10
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.384 OF 2020
HEMANT RASIKLAL DAVE
of Mumbai an adult Indian inhabitant,
having his address at B/201, Odhavram
Apartment, Near S. V. M. School, New
Maniklalu Bhatwadi, Ghatkopar, Ghatkopar
(West), Mumbai – 400 086.
...Plaintiff.
V/s.
ALPESH MANSUKH BHANUSALI
age and full name not known of Mumbai, an
adult Indian inhabitant having his Address
at 1/4, Harsha Apartment, Near Somayya
College, Behind Natraj Bar, Vidya Vihar,
Mumbai – 400 077. ....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 : 6th MAY, 2022.
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2 Summary Suit No.384 of 2020
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.1,38,996.16/ (Rupees One Lakh Thirty Eight Thousand
Nine Hundred Ninety Six and Sixteen Paise Only) and further interest
on the principal amount of Rs.1,20,000/(Rupees One Lakh Twenty
Thousand 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 residing at Mumbai. The
defendant executed Demand Promissory Note of Rs.1,20,000/(Rupees
One Lakh Twenty Thousand Only) on 15.04.2019. 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 19.12.2019. The plaintiff
therefore filed the present suit. The plaintiff prayed for a sum of
Rs.1,38,996.16/ (Rupees One Lakh Thirty Eight Thousand Nine
Hundred Ninety Six and Sixteen Paise Only) and calculated interest on
principal amount of Rs.1,20,000/(Rupees One Lakh Twenty Thousand
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
remain absent and therefore, the suit was proceeded exparte as per
order dated 26.10.2021.
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3 Summary Suit No.384 of 2020
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his Claim Affidavit vide Exh.03. The
plaintiff filed the documents as per the list of documents vide Exh.04.
Plaintiff filed Demand Promissory Note dated 15.04.2019 Exh.05,
Plaintiff's legal notice dated 19.12.2019 Exh.06, Plaintiff filed cheque
dated 20.01.2020 Exh.07, Plaintiff Advocate's letter dated 08.02.2020
Exh.08. 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.1,20,000/ 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.1,38,996.16/with interest on the principal amount of Rs.1,20,000/.
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:
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4 Summary Suit No.384 of 2020
ORDER
1. The Summary suit no.384 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.1,38,996.16/ (Rupees One
Lakh Thirty Eight Thousand Nine Hundred Ninety Six and
Sixteen Paise Only) to the plaintiff along with interest at the rate
of 9 percent per annum on the principal amount of Rs.1,20,000/
(Rupees One Lakh Twenty Thousand 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.: 06052022 City Civil Court, Gr. MUMBAI
Direct Typed on : 06052022
checked on : 06052022
Signed on : 12052022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary Suit No.384 of 2020
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.05.2022 at 11.55 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
06.05.2022
Judgment/order signed by P.O. on 12.05.2022
Judgment/order uploaded on 19.05.2022
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