Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010046652018
Presented on 09042018
Registered on 01122018
Decided on 06122021
Duration Yrs. M. Days
03 07 27
CNR No. MHCC010046652018
EXH.11
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.134 OF 2021
JYOTI DATTA WAGH
Age: 31 Years, of Mumbai an adult Indian
Inhabitant having her address at 1/11, Ram
Niwas Chawl, Sunder Baug, Kurla (West),
Mumbai400 070. ...Plaintiff.
V/s.
GITA TEJALAL MARU
Age : not known of Mumbai an adult Indian
inhabitant working for gain with B.M.C.,
Conservancy Dept., “L” Ward, S. G. Barve Marg,
Kurla (West), Mumbai – 400 070.
Worker No.4208929
Paysheet No.6029 ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
M
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2 Summary suit no. 134 of 21
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 6th December, 2021
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.3,07,210.95/ (Rupees Three Lacs Seven Thousand Two
Hundred Ten and Ninty Five Paise Only) and further interest on the
principal amount of Rs.2,00,000/ (Rupees Two Lacs 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 working in BMC office, Mumbai. The defendant
executed Demand Promissory Note of Rs.2,00,000/ (Rs. Two Lacs
only) on 12.04.2015. The defendant promised to pay the principal
amount with interest at the rate of 18% per annum. But she 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 28.03.2018. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.3,07,210.95/ (Rupees Three Lacs
Seven Thousand Two Hundred Ten and Ninty Five Paise Only) and
calculated interest on principal amount of Rs.2,00,000/ (Rupees Two
Lacs only) till the suit is filed. The plaintiff claimed further interest at
the rate 18% p.a. and prayed to decree the suit.
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3 Summary suit no. 134 of 21
3. The defendant was duly served with writ of summon. They
remain absent and therefore, the suit was proceeded exparte as per
order dated 27112019.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his claim Affidavit vide Exh.6. The
plaintiff filed the documents as per the list of documents vide Exh.7.
Plaintiff filed Demand Promissory Note dated 12.04.2015 Exh.8,
Plaintiffs Advocate's letter dated 28.03.2018 Exh.9, Money lender
license Artice 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.08 shows
that the Demand Promissory Note was accepted by defendant in favour
of plaintiff and on demand defendant promise to pay at Mumbai to the
plaintiff a sum of Rs.2,00,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.9.
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.8 and defendant failed to repay the
same, even after, she was issued legal notice. However, the defendant
failed to reply the same. The defendant neither appeared nor filed her
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.3,07,210.95/ with interest on the principal amount of Rs.2,00,000/.
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4 Summary suit no. 134 of 21
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 :
ORDER
1. The Summary suit no. 134 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs. Rs.3,07,210.95/ (Rupees
Three Lacs Seven Thousand Two Hundred Ten and Ninty Five
Paise Only) to the plaintiff along with interest at the rate of 9
percent per annum on the principal amount of Rs.2,00,000/
(Rupees Two Lacs 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.: 06122021 City Civil Court, Gr. MUMBAI
Directly typed on : 06122021
checked on : 06122021
Signed on : 06122021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no. 134 of 21
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.12.2021 at 04.22 p.m.
UPLOAD DATE AND TIME (MR. 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
06.12.2021
Judgment/order signed by P.O. on 06.12.2021
Judgment/order uploaded on 06.12.2021
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