Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010066952019
Presented on 29-06-2019
Registered on 02-02-2021
Decided on 14-09-2022
Duration Yrs. M. Days
03 02 15
CNR No. MHCC010066952019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.69 OF 2021
JYOTI DATTA WAGH
Age 31 years of Mumbai an adult Indian
Inhabitant having her addresss at 1/11, Ram
Niwas Chawl, Sunder Baug, Kurla (West),
Mumbai – 400 070.
through Her C.A. Manjusha Nandkishor Shete. ...Plaintiff.
V/s.
VILAS BHIMRAO SALVE
age not known of Mumbai an adult Indian
inhabitant working for gain with:.BMC, “L”
Ward, Conservancy Dept., S. G. Barve Marg,
Kurla West, Mumbai 400 070. Worker
No.4043270. Paysheet No.6024 and residing
at Aanand Nagar CHS Ltd, Chembur,
Mumbai 400071. ....Defendant.
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 SEPTEMBER, 2022
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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.2,25,673.97/ (Rupees Two Lacs Twenty Five Thousand
Six Hundred Seventy Three and Ninety Seven 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 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, Mumbai. The defendant executed
Demand Promissory Note of Rs.1,50,000/(Rupees One Lakh Fifty
Thousand Only) on 07.09.2016. 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.2,25,673.97/ (Rupees Two
Lacs Twenty Five Thousand Six Hundred Seventy Three and Ninety
Seven Paise Only) and calculated interest on principal amount of
Rs.1,50,000/(Rupees One Lakh Fifty Thousand Only) till the suit is
filed. The plaintiff claimed further interest at the rate 18% per annum
and prayed to decree the suit.
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 22.04.2022.
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3 Summary Suit No.69 of 2021
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 07.09.2016 Exh.05,
Plaintiffs Advocate's letter dated 24.06.2019 Exh.06, 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.1,50,000/ 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 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.s Therefore, the plaintiff is entitled for the due amount of
Rs.2,25,673.97/with interest on the principal amount of Rs.1,50,000/.
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
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ORDER
1. The Summary Suit No.69 of 2021 is decreed with costs.
2. Defendant shall pay amount of Rs.2,25,673.97/(Rupees Two
Lacs Twenty Five Thousand Six Hundred Seventy Three and
Ninety Seven 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. 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.: 14092022 City Civil Court, Gr. MUMBAI
Direct Typed on : 14092022
checked on : 14092022
Signed on : 14092022
( 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”
14.09.2022 at 05.32 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
14.09.2022
Judgment/order signed by P.O. on 14.09.2022
Judgment/order uploaded on 14.09.2022
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