Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010072942018
Presented on 19-06-2018
Registered on 20-09-2019
Decided on 10-02-2022
Duration Years Months Days
03 07 21
CNR No. MHCC010072942018
EXH.13
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 925 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.
GAUTAM TAYAPPA KAMBLE
age not known of Mumbai an adult Indian
inhabitant working at BMC Conservancy
Dept., “L” Ward, S. G. Barve Road, Kurla
(West), Mumbai – 400 070. Worker
No.3953620. Pay Sheet No.6026.
And residing at Amrut Sagar Chawl, M. G.
90 1/11 Siddharth Colony, Chembur,
Mumbai – 400 071. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
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2 Summary suit no.925 of 2019
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 10th 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.7,63,835.61/ (Rupees Seven Lacs Sixty Three Thousand
Eight Hundred Thirty Five and Sixty One 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 23.06.2015. 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.7,63,835.61/(Rupees Seven Lacs
Sixty Three Thousand Eight Hundred Thirty Five and Sixty One 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.925 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 22.01.2020.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his 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 23.06.2015 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.7,63,835.61/with interest on the principal amount of Rs.5,00,000/.
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4 Summary suit no.925 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. 925 of 2019 is decreed with costs.
2. Defendant shall pay amount of Rs.7,63,835.61/ (Rupees Seven
Lacs Sixty Three Thousand Eight Hundred Thirty Five and Sixty
One 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.: 10022022 City Civil Court, Gr. MUMBAI
Direct typed on : 10022022
checked on : 10022022
Signed on : 10022022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no.925 of 2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.02.2022 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
10.02.2022
Judgment/order signed by P.O. on 10.02.2022
Judgment/order uploaded on 10.02.2022
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