Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010087582019
Presented on : 22082019
Registered on : 24092019
Decided on : 27082021
Duration : 2 years, 0 months, 5 days
EXH.12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 952 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. Tushar Suresh Makwana
of Navi Mumbai, an adult, Indian Inhabitant,
aged 35 years, Occupation service, having his
office address at Municipal corporation of Greater
Mumbai, Employee Code No. 4486345,
Ps.No. Bazar Vibhag, Paras Mani Building Western
Suburbs, Dadar East Mumbai 400 014.
And also having his residence address at building
no.B, Plot No.102, Geeta Villa Housing Society,
Plot no.4, Sector No.8, Kamothe Mansarovar
Sttaion, Navi Mumbai 410 209. ...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. 952 of 19
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 27th AUGUST, 2021.
ORAL ORDER
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs. 2,95,000/ (Rs. Two Lakh Ninety Five Thousand Only) along
with interest on the principal amount of Rs. 2,50,000/ at interest at the
rate of 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. 2,50,000/
(Rs. Two Lakh Fifty Thousand only) on 15102017. 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. 2,50,000/ and calculated the interest of Rs.45,000/ (Rs.
Fourty Five 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. 952 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. 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.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.08 shows that the promissory note was executed by the
defendant in favour of plaintiff and the defendant consented the receipt
of Rs.2,50,000/ 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.
6. After going through the documents its seems that the
defendant obtained the loan of Rs.2,50,000/ 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
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4 Summary suit no. 952 of 19
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 2,50,000/ the rate of interest
was also fixed between the parties as 18% per annum. Thus the
decreetal sum was calculated as Rs.2,95,000/. 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 proceed to
pass the following order
ORDER
1. The Summary Suit no. 952 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,95,000/(Rs. Two Lakh
Ninety Five Thousand only) to the plaintiff with interest on the
principal amount of Rs.2,50,000/(Rs. Two Lakh Fifty Thousand 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.: 27082021 City Civil Court, Gr. MUMBAI
Dictated on : 27082021
Transcribed on : 27082021
Signed on : 27082021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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5 Summary suit no. 952 of 19
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27082021 at 5.35 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 27082021
Judgment/order signed by P.O. on 27082021
Judgment/order uploaded on 27082021
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