Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 09.06.2018
Registered on :18.10.2019
Decided on : 06.09.2021
Duration : 03Y 02M 28D
EXHIBIT 13
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SHORT CAUSES SUIT NO. 1021 OF 2019
( CNR No.MHCC010078252018)
SWATI SAHEBRAO GADGE ]
Age 30 years of Mumbai an adult ]
Indian Inhabitant having her ]
address at Room No.11, ]
Stany Chawl, Wadia Estate, ]
Shah (H.U.F.) being Proprietor of ]
Kurla (West), Mumbai 400 070. ].. Plaintiff.
V/s.
PRABHAKAR MAHADEV MANE ]
Age not known of Mumbai an adult ]
Indian Inhabitant working for gain ]
with K.B. Bhabha Hospital, ]
Kurla (East), Mumbai 400070, ]
and also at Shatabdi Hospital, ]
Govandi Worker No.3860360, ]
Pay Sheet No.A 6061 An also ]
reiding at Laxman Chauthe Chawl, ]
No.1, Diva, Valiwali Road, East. ]..Defendant.
Advocate Mr. Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 6th SEPTEMBER, 2021
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JUDGMENT
The suit is instituted for recovery of amount of Rs.
1,35,260.27 along with interest on the principal amount of Rs.
1,00,000/ at the rate of 18% per annum from the date of institution of
the suit till realisation of the total decreetal amount.
2. It is the case of plaintiff that she is a licensed moneylender.
She advanced amount of Rs. 1,00,000/– to the defendant on
10/07/2016 as a loan. The defendant executed a demand promissory
note in favour of the plaintiff against the same. The defendant agreed
to pay interest at the rate of 18% per annum on the said loan amount.
3. It is the case of plaintiff that she demanded the loan
amount along with interest to the defendant from time to time, but the
defendant neglected to pay the same. Hence, she issued a notice on
21/06/2018 to the defendant through her advocate. He did not pay the
balance amount due to the plaintiff. Hence, the plaintiff is constrained
to institute the present suit.
4. The summons of the suit was duly served upon the
defendant in person on 04/03/2020. Defendant failed to appear before
the court. Hence, as per order passed by my learned predecessor, suit
proceeded ex parte against the defendant.
5. Considering the plaint, claim affidavit and documents filed
by the plaintiff on record, following points arise for my determination
and my findings to them are as stated below for the following reasons:
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Sr.
No
.
POINTS FINDINGS
1 Whether the plaintiff proves that she
advanced amount of Rs. 1,00,000/ to
defendant and defendant executed a demand
promissory note in favour of plaintiff against
the same and also agreed to pay interest at
the rate of 18% per annum?
In the
Affirmative
2 Whether the plaintiff is entitled to recover
the amount of Rs. 1,35,260.27 on the date of
institution of the suit along with further
interest at the rate of 18% per annum?
In the
Affirmative
3 What Order and decree ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 3:
6. The plaintiff has filed a claim affidavit at Exhibit6. The
plaintiff has filed original demand promissory note executed by
defendant on 10/07/2016 at Exhibit8. It is duly stamped and beers
signature and thumb impression of the defendant. It states that
defendant borrowed amount of Rs. 1,00,000/ from the plaintiff and
agreed to pay interest at the rate of 18% per annum. The plaintiff has
produced letter issued by her advocate to defendant on 21/06/2018 at
Exhibit9. It appears that the notice could not be served upon the
defendant as it was out of service. A copy of money lending license of
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plaintiff is produced at Exhibit10. A copy of form No. 8 is produced at
Exhibit11. A copy of account extract is produced at Exhibit12.
7. The defendant did not appear before the court and seek
leave to defend the suit. Hence, the oral and documentary evidence
produced by plaintiff on record has gone unchallenged. The promissory
note at Exhibit8 clearly shows that on 10/07/2016, the defendant
borrowed amount of Rs. 1,00,000/ from the plaintiff and agreed to pay
interest at the rate of 18% per annum. The plaintiff appears to be
authorized for moneylending. In the circumstances, it appears that the
plaintiff is entitled to the amount of Rs. 1,35,260.27 on the date of
institution of the suit. The agreed rate of interest is 18% per annum.
Therefore, the plaintiff is entitled to the decree as prayed for.
Accordingly, I answer point No. 1 to 3 in the affirmative and proceed to
pass following order:
O R D E R
1. The suit is decreed with costs.
2. The Defendant is directed to pay the amount of
Rs.1,35,260.27 (Rupees One Lakh Thirty Five Thousand
Two Hundred and Sixty and Twenty Seven Paise) to the
plaintiff along with interest at the rate of 18% per annum
till total realisation of the decreetal amount within 60
days of the date of this order.
3. Decree be drawn up accordingly.
4. Court fees be refunded as per the rules and
entitlement.
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5. The suit stands disposed of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 06.09.2021 Gr.Mumbai.
Dictated on: 06.09.2021
Typed on : 06.09.2021
Signed on : 06.09.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09.09.2021 AT 4.45 P.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
06.09.2021
Judgment/Order signed by P.O. on 06.09.2021
Judgment/Order uploaded on 09.09.2021
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