Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010083572019
Presented on : 08082019
Registered on : 24092019
Decided on : 26082021
Duration : 2 years, 0 months, 18 days
EXH.12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 949 OF 2019
Mr. Santosh Nagurao Gadge
of Mumbai an adult Indian Inhabitant,
aged 27 years, Occupation Money Lender,
carrying said money lending business at
Room No.4, N.M. Gadge Chawl, Makadwala
Compound, Jai Shankar Chowk,
HalavPool Road, Kurla (W), Mumbai 400 070. ...Plaintiff.
V/s.
Mr. Dayanand Bhimrao Kamble
of Vikroli Mumbai an adult, Indian Inhabitant,
aged 49 years, occupation service, having his office
address at Municipal Corporation of Greater Mumbai
Employee no. 4099288. ps. No.6026, Lward,
B.M.C. Office, Saff Safai Khatte, 02nd floor,
S.G. Barve Marg, Kurla West Mumbai 400 070.
and also having his residence address at Room
no.741, Dr. Ambedkar Society, Opp. Varsha Nagan,
Vikroli Park Site, Vikroli west, Mumbai 400 079. ...Defendant.
Appearance:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
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2 Summary suit no. 949 of 19
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 26th AUGUST, 2021.
ORAL ORDER
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs. 1,27,000/ (Rs. One Lakh Twenty Seven Thousand Only)
along with interest on the principal amount of Rs.18% per annum from
the date of filing of suit till its realisation.
2. The fact in brief are as follows.
The plaintiff is the Money Lender carrying out the business
of money lending under license. The defendant is serving in BMC office,
Mumbai The defendant executed the promissory note of Rs. 1,00,000/
(Rs. One Lakh only) on 04072017. The defendant promise to pay the
principal amount with interest at the rate 18% per annum. But he failed
to repay the amount. The plaintiff issued demands and reminders
however, the defendant dishonoured promissory note. The plaintiff
therefore, filed the present Suit. The Plaintiff prayed for a sum of Rs.
1,00,000/ and calculated the interest of Rs.27,000/ (Rs. Twenty Seven
Thousand 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. 949 of 19
3. The defendant was duly served with writ of summon. He
remain absent and therefore, the suit was proceeded exparte as per
order dated 30012020.
4. The following points for determination are framed and
finding are given against the same along with reasons which are as
follows
Sr.
No.
Points for determination Findings
1. Whether plaintiff is entitled for recovery of Rs.
1,27,000/ along with interest at the rate of
Rs.18% per annum on the principal sum of Rs.
1,00,000/ from the date of suit till of
realisation.
In affirmative
2. What order and decree. As per final order
REASONS
As to Point no.1
5. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.06 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.8 to
10.
6. Heard the Learned advocate for plaintiff. The perusal of
document Ex.08 shows that the promissory note was executed by the
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4 Summary suit no. 949 of 19
defendant in favour of plaintiff and the defendant consented the receipt
of Rs.1,27,000/ and also consented to repay the sum on demand along
with interest of 18%. The plaintiff further filed the legal notice, vide
Ex.9. The legal notice was duly served to the defendant. The plaintiff
also filed Money Lending License, vide Ex.10.
7. After going through the documents its seems that the
defendant obtained the loan of Rs.1,00,000/ and executed promissory
note. He agreed to pay the interest at the rate of Rs.18%. However, the
promissory note was dishonoured. Even after, he was issued legal
Notice, he failed to repay the same. The defendant inspite of receipt of
legal notice and writ of summons, had choosen to remain absent. The
defendant has failed to challenge the evidence filed in the Court. The
evidence of the plaintiff has gone unchallenged. The defendant is
therefore liable to pay the amount in accordance with that of
promissory note. The principal sum being 1,00,000/ the rate of interest
was also fixed between the parties as 18% per annum. Thus the
decreetal sum was calculated as Rs.1,27,000/. The plaintiff is
therefore, entitled to future interest on the principal sum at the rate
18% per annum from date of filing of suit till its realisation. I therefore
answer point no.1 in affirmative.
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As to Point no.2:
8. In view of affirmative finding to point no.1, I proceed to
pass the following order
ORDER
1. The Summary Suit no. 949 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 1,27,000/(Rs. One Lakh
Twenty Seven Thousand only) to the plaintiff with interest on the
principal amount of Rs.1,00,000/(Rs. One Lakh only) at the rate of
18% p.a. from the date of filing of the suit till its realisation.
3. Decree be drawn up accordingly.
4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 26082021 City Civil Court, Gr. MUMBAI
Dictated on : 26082021
Transcribed on : 26082021
Signed on : 26082021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26082021 at 5.25 pm
UPLOAD DATE AND TIME (PRATIMA PRASHANT JADHAV)
NAME OF TYPIST
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 26082021
Judgment/order signed by P.O. on 26082021
Judgment/order uploaded on 26082021
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