Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010045642020
Presented on 15-10-2020
Registered on 11-11-2020
Decided on 14-12-2022
Duration Yrs. M. Days
02 01 30
CNR No. MHCC010045642020
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.439 OF 2020
PREMCHAND GULABCHANDJI
of Mumbai, an adult Indian Inhabitant,
carrying on business of Money Lending at
and from 46, Modi Street, Ground Floor,
Fort, Mumbai 400 001. ...Plaintiff.
V/s.
1. SANTOSH NAMDEV GAIKWAD
age not known, of Mumbai an adult
Indian inhabitant working for gain Centre
for distance Education, S.N.D.T., Women's
University Juhu Road, Santacruz (W),
Mumbai 400 049 and Residing at Samta
CHS,Room No.1, Chawl No.6, Chiknipada,
Tisgaon Naka, Kalyan 421 306.
2.USHAKIRAN SURESH SASTRI
age not known, of Mumbai an adult
Indian inhabitant working for gain
Western Railway, Head Office, 4th Floor,
Store Department, Churchgate 400 001
and residing at 75/7 and residing at 75/7
Western Railway Staff Colony, Matunga
(East), Mumbai 400 019. ....Defendants.
-- 1 of 5 --
2 Summary Suit No.439 of 2020
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 14th DECEMBER, 2022.
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.1,58,445.20/ (Rupees One Lakh Fifty Eight Thousand
Four Hundred Forty Five and Twenty Paise Only) and further interest
on the principal amount of Rs.1,50,000/(Rupees One Lakh Fifty
Thousand Only) along with interest at the rate of 1.25% per month
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 defendants are adults Indian inhabitant working for gain in
Mumbai. The defendants executed Demand Promissory Note of
Rs.1,50,000/(Rupees One Lakh Fifty Thousand Only) on 05.10.2019.
The defendants promised to pay the principal amount with interest at
the rate of 1.25% per month. But they failed to repay the amount. The
Defendants, failed and neglected to pay the said sum and dishonoured
the promissory note. The plaintiff issued legal notice dated 24.12.2019.
The plaintiff therefore filed the present suit. The plaintiff prayed for a
sum of Rs.1,58,445.20/ (Rupees One Lakh Fifty Eight Thousand Four
Hundred Forty Five and Twenty Paise Only) and calculated interest on
principal amount of Rs.1,50,000/(Rupees One Lakh Fifty Thousand
-- 2 of 5 --
3 Summary Suit No.439 of 2020
Only) till the suit is filed. The plaintiff claimed further interest at the
rate 1.25% per month and prayed to decree the suit.
3. The defendants were duly served with writ of summon.
They remained absent and therefore, the suit was proceeded exparte as
per order dated 05.03.2022.
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 05.10.2019 Exh.05,
Plaintiff's legal notice dated 24.12.2019 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.1,50,000/ and also consented to repay the sum on
demand along with interest of 1.25% per month. 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
-- 3 of 5 --
4 Summary Suit No.439 of 2020
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.1,53,260.27/ with interest on the principal amount of Rs.1,00,000/.
7. It seems that the plaintiff has demanded exorbitant interest
at the rate of 1.25% per month. 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.439 of 2020 is decreed with costs.
2. Defendants No.1 and 2 shall jointly and severally pay the amount
of Rs.1,58,445.20/(Rupees One Lakh Fifty Eight Thousand Four
Hundred Forty Five and Twenty Paise Only) to the plaintiff along
with interest at the rate of 9 percent per annum on the principal
amount of Rs.1,50,000/(Rupees One Lakh Fifty 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. Judgement is dictated and pronounced in open court.
6. R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 14122022 City Civil Court, Gr. MUMBAI
Direct Typed on : 14122022
checked on : 14122022
Signed on : 14122022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 4 of 5 --
5 Summary Suit No.439 of 2020
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.12.2022 at 05.04 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 14.12.2022
Judgment/order signed by P.O. on 14.12.2022
Judgment/order uploaded on 19.12.2022
-- 5 of 5 --