Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Civil Suit
No.25/2021
MHCC010046082020 Presented on : 12/10/2020
Registered on : 07/01/2021
Decided on : 14/06/2023
Duration : 02Y 08M 02D
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
EXHIBIT NO.13
SUMMARY CIVIL SUIT NO.25 OF 2021
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.
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V/s.
1.
2.
UDIYAR PRAKASH NAGAPPAN
of Mumbai an adult Indian Inhabitant.
Working for gain with Central Railway,
Suburban Guard, CSMT/SM, OPTG,
P.F. No.10022545, CSMT, Mumbai – 400 001.
and Residing at Room No.5, Sajjanwadi,
Mithghar Road, Mulund (East),
Mumbai – 400 081.
RAJU KISSAN RATHOD
Age not known, of Mumbai an adult Indian
Inhabitant. Working for gain with Central Railway,
Section Control, Control Office,
CSMT, Mumbai – 400 001 and
Residing at House No.338-B-Z, Mortzu Nagar,
(East), Post. Vashind, Tal. Shahapur,
Dist. Thane – 421 601.
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Appearance :-
Mr. Ramesh Jain, learned advocate for plaintiff.
None for defendant (
Ex-parte).
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..2.. Summary Civil Suit
No.25/2021
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 14/06/2023.
J U D G M E N T
1 Plaintiff is money lender carrying on business of lending
money in Mumbai. Defendants are in service. They had executed the
promissory note of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand
only) against the loan of the same in favour of plaintiff, to pay the loan
amount at the rate of 1.25% per month on demand, but failed to pay
inspite of repeated demands and reminders by the plaintiff. Thus, the
plaintiff has filed this summary suit for grant of decree within
limitation with direction to the defendants to pay the amount of
Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) alongwith
interest at the rate of 15% p.a., which is calculated up to filing of the
suit to Rs.1,63,536.98/- (Rupees One Lakh Sixty-Three Thousand Five
Hundred Thirty-Six and Ninety-Eight Paise only) with future interest at
the rate of 15% p.a.
2 As per the affidavit of service (Exh-05), writ of summons
to the defendants were served, as defendant No.2 refused to accept,
therefore, matter was proceeded further as ex-parte as per
roznama
dated 15/11/2021. At the stage of evidence, plaintiff submitted his
evidence affidavit vide Exh-06 and relied upon various documents.
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:-
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No.25/2021
POINTS FINDINGS
1. Does the plaintiff prove that the
defendants have executed promissory
note of Rs.1,50,000/- (Rupees One Lakh
Fifty Thousand only) to pay on
demand ?
Affirmative
2. Does the plaintiff prove that the
defendants have failed to repay the loan
amount as agreed ?
Affirmative
3. Does the plaintiff prove that the
defendants are in due of
Rs.1,63,536.98/- (Rupees One Lakh
Sixty-Three Thousand Five Hundred
Thirty-Six and Ninety-Eight Paise only)
as on date of filing of suit ?
Affirmative
4. Does the plaintiff prove that he is
entitled to charge interest at the rate of
15% p.a.?
Partly affirmative
5. Is the plaintiff entitled for the relief
sought ?
Partly affirmative
6. What Order ? As per final order
REASONS
4 In order to substantiate the contentions, the plaintiff
entered into the witness box and relied on various documents (Exh-08
to Exh-12) filed under list (Exh-07). Heard learned advocate for
plaintiff.
As to point Nos.1 to 5 :-
5 It reveals from the documents on record that Exh-08 is the
promissory note which is having signature of the defendants. There is
no proof that defendants had ever paid the amount mentioned in the
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..4.. Summary Civil Suit
No.25/2021
promissory note, therefore, the plaintiff is entitled to recover the
amount of Rs.1,63,536.98/- (Rupees One Lakh Sixty-Three Thousand
Five Hundred Thirty-Six and Ninety-Eight Paise only). The promissory
note also contains the interest at the rate of 1.25% per month as
chargeable on the loan amount, therefore, it is the agreed rate of
interest on due amount and plaintiff is entitled to charge interest at the
rate of 1.25% per month till filing of the suit. The calculation of the
plaintiff appears to be correct and at the time of filing of suit there was
Rs.1,63,536.98/- (Rupees One Lakh Sixty-Three Thousand Five
Hundred Thirty-Six and Ninety-Eight Paise only) due and recoverable
from the defendant. So far as the future interest is concerned, I am of
the view that it will be just and proper to grant interest at the rate of
9% p.a. from the date of filing of suit till its realisation.
6 The defendants remained absent and refused to accept the
suit summons. Thus, legible inference can be drawn that they have no
defence and the claim of the plaintiff is admitted to them and plaintiff
is entitled for decree as per the provisions of Sub-Rule 2 of Rule 2 of
Order XXXVII of Code of Civil Procedure.
7 In the result, I answer point Nos.1 to 3 in affirmative and
point Nos.4 and 5 in partly affirmative.
8 As the defendant has made constrained to the plaintiff to
file the suit, he is also liable to pay the costs. Resultantly, I proceed to
pass the following order:-
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No.25/2021
ORDER
1. Summary Civil Suit No.25/2021, is hereby decreed
with costs.
2. Defendants do pay the amount of Rs.1,63,536.98/-
(Rupees One Lakh Sixty-Three Thousand Five
Hundred Thirty-Six and Ninety-Eight Paise only) with
interest at the rate of 9% p.a. on the principal
amount of Rs.1,50,000/-(Rupees One Lakh Fifty
Thousand only) from the date of filing of suit till
realisation of entire amount.
3. Decree be drawn up accordingly.
(Judgment pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, Greater Bombay
Dated : 14/06/2023 C.R. No.15
Dictated on : 14/06/2023
Transcribed on : 16/06/2023
Draft corrected on : 16/06/2023
Signed on : 16/06/2023
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No.25/2021
“Certified to be true and correct copy of the original signed order”.
16/06/2023
at about 04.55 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 : 14/06/2023
Order signed by Hon'ble Judge on : 16/06/2023
Order uploaded on : 16/06/2023
at about 04.55 p.m.
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