Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: -1- Summary suit no.519 of 2020
MHCC010053082020
Presented on 23-11-2020
Registered on 09-12-2020
Decided on 09-02-2022
Duration 1 2 16
Year Months Days
CNR No. MHCC010053082020
EXH. 08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.519 OF 2020
SUNIL SUNKAPPA JADHAV
Age 23 years of Mumbai an adult Indian
inhabitant having his address at Lal Patra
Chawl No.251, Room No.10, Cross Road,
Dharavi, Mumbai – 400 017. ...Plaintiff.
V/s.
1. MORESHWAR SHIVRAM TUPE
age not known of Mumbai an adult Indian,
inhabitant working for gain with
Maharashtra State Electricity Distribution
Co. Ltd, Prakashgad, Bandra (East),
Mumbai – 400 051 Designation – Peon,
Employee No.2629054, Pay Bill No.0012.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
....Defendant.
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CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 09th February, 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.2,85,630.13/ (Rupees Two Lacs Eighty Five Thousand
Six Thirty and Thirteen Paise Only) and further interest on the principal
amount of Rs.2,50,000/(Rupees Two Lakh Fifty 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 No.1 is working in Maharashtra State Electricity
Distribution Co. Ltd, Mumbai. The defendant No.1 executed Bill of
Exchange of Rs.2,50,000/(Rupees Two Lakh Fifty Thousand only) on
20.12.2019. The defendant No.2 accepted the bill of Exchange on
behalf of defendant no.1. The defendant No.1 and 2 promised to pay
the principal amount with interest at the rate of 18% per annum. But
they failed to repay the amount. The Defendants, failed and neglected
to pay the said sum and dishonoured the bill of exchange. The plaintiff
issued legal notice dated 22.01.2020. The plaintiff therefore filed the
present suit. The plaintiff prayed for a sum of Rs.2,85,630.13/(Rupees
Two Lacs Eighty Five Thousand Six Thirty and Thirteen Paise Only) and
calculated interest on principal amount of Rs.2,50,000/ (Rupees Two
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3 Summary suit no.519 of 2020
Lakh Fifty 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. They
remain absent and therefore, the suit was proceeded exparte as per
order dated 15.02.2021. In view of Order below Exhibit – 1 Suit was
withdrawn against defendant No. 2.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his Claim Affidavit vide Exh.3. The
plaintiff filed the documents as per the list of documents vide Exh.4.
Plaintiff filed Bill of Exchange dated 20.12.2019 vide Exh.5, Plaintiffs
Advocate's letter dated 22.01.2020 Exh.6.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.05 shows
that the Bill of Exchange was executed by defendant No.1 in favour of
plaintiff and on demand defendant promised to pay at Mumbai to the
plaintiff a sum of Rs.2,50,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.6.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff handed over
the Bill of Exchange Exh.5 and defendant failed to repay the same,
evenafter 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.2,85,630.13/with interest on the principal amount of Rs.2,50,000/.
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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.519 of 2020 is decreed with costs.
2. Defendant shall pay amount of Rs.2,85,630.13/(Rupees Two
Lacs Eighty Five Thousand Six Hundred Thirty and Thirteen Paise
Only) to the plaintiff along with interest at the rate of 9 percent
per annum on the principal amount of Rs.2,50,000/(Rupees Two
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. 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.: 09022022 City Civil Court, Gr. MUMBAI
Direct typed on : 09022022
checked on : 09022022
Signed on : 09022022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.02.2022 at 2:40 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
09.02.2022
Judgment/order signed by P.O. on 09.02.2022
Judgment/order uploaded on 09.02.2022
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