Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010066942019
Presented on 29-06-2019
Registered on 23-03-2021
Decided on 08-04-2022
Duration Yrs. M. Days
02 09 09
CNR No. MHCC010066942019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 336 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),
Mumbai – 400 070 through her C.A. Manjuhsha
Nandkishor Shete. ...Plaintiff.
V/s.
SADNAND BHAMBU PAWAR
age not known of Mumbai an adult Indian
inhabitant working for gain with B.M.C.,
Conservancy Department. “L” Ward, S. G.
Barve Road, Kurla West, Mumbai – 400 070.
Emp. Code No.4100162. Paysheet No.6026
and also residing at Ramabai Ambedkar
Nagar, D. B. Pawar Chowk, Samrat Ashok
Chawl, Ghatkopar, Mumbai 400 075. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
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2 Summary suit no.336 of 21
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th APRIL, 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.2,99,000/ (Rupees Two Lacs Ninety Nine Thousand
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/ (Rupees Two Lacs
only) on 02/07/2016. 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 24.06.2019. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.2,99,000/ (Rupees Two Lacs
Ninety Nine Thousand 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.336 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 03.12.2021
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 Demand Promissory Note dated 02.07.2016 Exh.5,
Plaintiffs Advocate's letter dated 24.06.2019 Exh.6, 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.05 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.6.
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.5 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.2,99,000/ with interest on the principal amount of Rs.2,00,000/.
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4 Summary suit no.336 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. 336 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.2,99,000/ (Rupees Two Lacs
Ninety Nine Thousand 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.: 08042022 City Civil Court, Gr. MUMBAI
Direct Typed on : 08042022
checked on : 08042022
Signed on : 11042022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no.336 of 21
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.04.2022 at 05.03 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
08.04.2022
Judgment/order signed by P.O. on 11.04.2022
Judgment/order uploaded on 11.04.2022
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