Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010069452018
Presented on 11-06-2018
Registered on 24-09-2019
Decided on 16-02-2022
Duration Years Months Days
03 08 05
CNR No. MHCC010069452018
EXH.13
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 945 OF 2019
RAJABAI GANGARAM GADGE
Age 58 Years of Mumbai an adult Indian
inhabitant having her address at Room
No.10/11, Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail Bazar, Kurla
(West), Mumbai – 400 070. ...Plaintiff.
V/s.
ARUN DHONDIBA DANDGE
age not known of Mumbai an adult Indian
inhabitant working at B.M.C., Conservancy
Department, “L” Ward, S. G. Barve Road,
Kurla (W), Mumbai – 400 070.
Worker No.4042918. Pay Sheet No.6024.
And residing at Lokshahir Annabhau
Sathe, Nagar Link Road, Mankhurd,
Mumbai – 400 083. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
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2 Summary suit no.945 of 2019
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 16th 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.7,66,054.79/(Rupees Seven Lacs Sixty Six Thousand
Fifty Four and Seventy Nine Paise Only) and further interest on the
principal amount of Rs.5,00,000/(Rupees Five 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, Mumbai. The defendant
executed Demand Promissory Note of Rs.5,00,000/(Rupees Five Lacs
Only) on 15.06.2015. 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 14.05.2018. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.7,66,054.79/(Rupees Seven Lacs
Sixty Six Thousand Fifty Four and Seventy Nine Paise Only) and
calculated interest on principal amount of Rs.5,00,000/(Rupees Five
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.945 of 2019
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 22.09.2021.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed her claim Affidavit vide Exh.06. The
plaintiff filed the documents as per the list of documents vide Exh.07.
Plaintiff filed Demand Promissory Note dated 15.06.2015 Exh.08,
Plaintiffs Advocate's letter dated 14.05.2018 Exh.09, Money lender
license Exh.10, Forms under Bombay Money lending Act Exh.11,
Books of Accounts Exh.12.
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.5,00,000/ 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, 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.7,66,054.79/with interest on the principal amount of Rs.5,00,000/.
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4 Summary suit no.945 of 2019
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. 945 of 2019 is decreed with costs.
2. Defendant shall pay amount of Rs.7,66,054.79/(Rupees Seven
Lacs Sixty Six Thousand Fifty Four and Seventy Nine Paise Only)
to the plaintiff along with interest at the rate of 9 percent per
annum on the principal amount of Rs.5,00,000/(Rupees Five
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.: 16022022 City Civil Court, Gr. MUMBAI
Direct typed on : 16022022
checked on : 16022022
Signed on : 16022022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no.945 of 2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.02.2022 at 04.03 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
16.02.2022
Judgment/order signed by P.O. on 16.02.2022
Judgment/order uploaded on 22.02.2022
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