Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.S.No.2442021 1
Lodged on 29/06/2019
Decided on 05/07/2022
Duration on 03Ys.00Ms.06Ds.
MHCC010067352019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.244 OF 2021
Swati Sahebrao Gadge
age 30 years, residing at
Room No.11, Stany Chawl,
Wadia Estate, Kurla (W),
Mumbai400 070 …. Plaintiff
V/s
Sadanand Bhambu Pawar
working for gain with BMC
Conservancy Dept., L Ward,
S.G.Barve Road, Kurla(W),
Mumbai400 070 ….Defendant
Appearance:
Ld.Counsel Ramesh Jain for plaintiff.
None for defendants.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 05th July, 2022 C.R.NO.15
EXPARTE JUDGMENT
This is Summary suit for money lending seeking
outstanding amount for defendant borrower. On 5/7/2016 the
defendant executed demand promissory note in favour of the
plaintiff for valuable consideration of Rs.2,00,000/.
The facts in brief are as follows.
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Sum.S.No.2442021 2
2. The plaintiff is licensed money lender. On 5/7/2016, she
advanced loan of Rs.2,00,000/ from defendant. The loan fetch
interest at the rate of 18% p.a.
3. At the time of disbursement the defendant executed
demand promissory note under loan amount of Rs.2,00,000/
and promised to repay the loan with interest at the rate of 18%
p.a. Despite demand notice the defendant did not pay the loan
amount. Hence, this suit was filed for recovery of amount
alongwith interest at the rate of 18%.
4. Writ of summons was issued. As per order dtd.6/6/2022
the suit to proceed exparte as the defendant failed to appear,
despite receiving notice on 23/11/2021.
5. The plaintiff is relying upon his claim affidavit and
demand promissory note Exh8. Demand notice Exh9. The
matter is proceeded to exparte and hence case of plaintiff is
beyond unchallenged. There is no impediment in relying upon
unchallenged testimony of the plaintiff supported by documents
which shows that defendant is liable to pay an amount of
Rs.2,00,000/ with interest at the rate of 18% p.a. The suit is
deserves to be decreed. The contractual rate of interest is on the
higher side. Considering the lending rates of Nationalized Banks
it would be appropriate that the plaintiff is allowed interest at
the rate of 9% p.a. on the principal sum. Following order is
passed.
ORDER
1. Suit is decreed with costs.
2. The defendant is hereby ordered and directed to pay an
amount of Rs.2,00,000/ to the plaintiff with interest at
the rate of 18% p.a. from 24/6/2019 till date of suit and
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Sum.S.No.2442021 3
further interest at the rate of 9% p.a. from date of suit till
realization.
3. Decree be drawn up accordingly.
4. Court fee be refunded as per Bombay City Civil Court
Rule.
Date : 05/07/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 05/07/2022
Transcribed on : 06/07/2022
HHJ Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08/07/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
05/07/2022
JUDGMENT/ORDER signed by P.O.
on
08/07/2022
JUDGMENT/ORDER uploaded on 08/07/2022
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