Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 210/19. 1 Ex-parte Judgment.
MHCC010081572019
Presented on : 01-08-2019
Registered on : 26-11-2019
Decided on : 12-03-2021
Duration : 1 years, 7 months, 11 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 210 OF 2019
Exh.15.
Yalappa Soma Jadhav, )
age 45 years, carrying on business at )
Yalappa Chawl, Room No. 666, )
Makadwala Compound, Halav Pul Road, )
Kurla (W), Mumbai – 400 070 )...Plaintiff
Versus
Hansa Bhiku Latiya, )
adult, working for gain with Dr. Balabhai )
Nanavati Hospital, EMP ID- 004810, )
PF No. 1946, S. V. Road, Vile Parle (W), )
Mumbai 400 056 and residing at M M SO, )
Apartment, Room No. 3, B-Wing, 1st Floor, )
Ghordev Naka, Kashi Nagar, Vimal Dairy, )
Bhaindar (E), Thane 401 105 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 12th MARCH, 2021.
Mr. Rajesh Patil, Advocate for Plaintiff.
None for Defendant. (Ex-parte).
JUDGMENT (EX-PARTE)
This is a suit for recovery of Rs.4,57,876/- (Rupees Four
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Comm.Suit No. 210/19. 2 Ex-parte Judgment.
Lakhs Fifty-seven Thousand Eight Hundred Seventy-six Only) with
further interest on principal amount of Rs.3,50,000/- (Rupees Three
Lakhs Fifty Thousand Only) at the rate of 18% p.a. The suit is based on
Demand Promissory Note.
Plaintiff’s case is narrated as follows :
2. Plaintiff has advanced loan of Rs.3,50,000/- (Rupees Three
Lakhs Fifty Thousand Only) to the defendant on 27/04/2017.
Defendant has executed a Demand Promissory Note in favour of
plaintiff. It was agreed between them to repay the amount with interest
at the rate of 18% p.a. Plaintiff has demanded the repayment.
However, defendant is failed to repay the amount. Therefore, plaintiff
issued a notice on 04/01/2019. It was duly served on defendant. No
reply has been issued by the defendant. Plaintiff has prayed for
recovery of Rs.4,57,876/- (Rupees Four Lakhs Fifty-seven Thousand
Eight Hundred Seventy-six Only) with further interest on principal
amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) at
the rate of 18% p.a. Hence, this suit.
3. In view of service affidavit vide Exh.5, summons is duly
served on defendant. Defendant is failed to appear. Hence, suit is
proceeded ex-parte.
4. To substantiate the claim, plaintiff has examined only one
witness. PW 1 Yalappa Jadhav deposed before the Court vide Exh.6. In
view of testimony of PW 1, Demand Promissory Note is marked as
Exh.8. In view of Demand Promissory Note vide Exh.8, plaintiff has
disbursed the amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty
Thousand Only). Defendant has agreed to repay the amount with
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Comm.Suit No. 210/19. 3 Ex-parte Judgment.
interest at the rate of 18% p.a. In default to repay the amount, plaintiff
has issued a notice through Adv. R.M.Patil vide Exh.9. Perused copy of
Money Lending Licence vide Exh.10 and relevant documents of Form
and ledger vide Exh.11 to 13.
5. Defendant is failed to reply the notice issued by learned
advocate for plaintiff. Defendant is also failed to appear. It infer that
defendant admits the suit claim. In result, it deserves to decree the suit.
6. The interest at the rate of 18% p.a. appears to be
exorbitant. The interest at the rate of 12% p.a. appears to be
appropriate. Hence, the order :
- ORDER -
1. Suit is partly decreed with cost.
2. Defendant shall pay the amount of Rs.4,57,876/- (Rupees
Four Lakhs Fifty-seven Thousand Eight Hundred Seventy-
six Only) with further interest on Rs.3,50,000/- (Rupees
Three Lakhs Fifty Thousand Only) @ 12% p.a. from the
date of suit till realization, within two months from the
date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 12/03/2021. Mumbai.
1. Dictated on : 12/03/2021.
2. Transcribed on : 15/03/2021.
3. Signed on : 15/03/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 210/19. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/03/2021. 5.24 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 12/03/2021.
Judgment/Order signed by P.O. on 15/03/2021.
Judgment/Order uploaded on 15/03/2021.
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