Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Summary Suit No.953/2019
MHCC010087592019 Presented on : 22/08/2019
Registered on : 24/09/2019
Decided on : 21/09/2024
Duration : 05Y 01M 01D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT NO.12
SUMMARY SUIT NO.953 OF 2019
(CNR NO.MHCC01-008759-2019)
Mr. Santosh Nagurao Gadge,
of Mumbai an adult Indian Inhabitant, 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.
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] ..Plaintiff
V/s
Mrs. Sanjana Santosh Gaikwad,
of Dadar Mumbai, an adult, Indian Inhabitant,
Occupation Service, having her office address at
Municipal Corporation of Greater Mumbai, Employee
No.4268592, Ps. No. F/South Ward, B.M.C. Office,
Saff Safai Khatte, 01st floor, Dr. Babasaheb Ambedkar
Road, Parel East, Mumbai-400 019, and also having
her residence address at Room No.42, Building No.04,
04th floor, B.M.C. Labour Vasahat, Gautam Nagar,
Dadasaheb Phalke Marg, near to Dadar Station, Dadar
East, Mumbai – 400 014.
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] ..Defendant
Appearance :-
Learned Advocate Balbheem Patil for plaintiff.
None for defendant (
Ex-parte).
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..2.. Summary Suit No.953/2019
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 21/09/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount under
the demand promissory note. The plaintiff has come with the case that
he had advanced loan of Rs.2,50,000/- to the defendant, who executed
a demand promissory note on 20/06/2017. The defendant had agreed
to repay the amount of Rs.2,50,000/- on demand alongwith interest at
the rate of 18% per annum. However, defendant did not pay the loan
amount, therefore, plaintiff is entitled for recovery of amount
alongwith interest at the rate of 18% per annum.
2 The writ of summons was served upon defendant, but she
failed to appear before the Court. Hence, as per the order in
roznama
dated 10/01/2020, suit proceeded ex-parte against defendant.
3 Having regard to the contentions of plaintiff, following
points arise for my determination and I have recorded my findings
thereon for the reasons thereunder :-
POINTS FINDINGS
1 Does the plaintiff prove that defendant
has executed demand promissory note of
Rs.2,50,000/- ?
Affirmative
2 Does the plaintiff prove that he is
entitled to charge interest as prayed for ?
Partly Affirmative
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..3.. Summary Suit No.953/2019
POINTS FINDINGS
3 Is the plaintiff entitled for the reliefs
sought ?
Partly Affirmative
4 What order ? As per final order.
R E A S O N S
4 In order to substantiate the contentions, plaintiff entered
the witness box and relied on various documents under list
(Exhibit-08). Heard learned advocate for plaintiff.
As to point Nos.1 to 3 :-
5 Plaintiff has tendered his affidavit of examination in chief
(Exhibit-06) and additional affidavit of evidence (Exhibit-07)
alongwith documents as per list (Exhibit-08). On perusal of certified
copy of demand promissory note (Exhibit-09), it reveals that it bears
signature and thumb impression of defendant. Inconsequence of
failure to pay the amount under the demand promissory note, plaintiff
has issued a notice (Exhibit-10) on 08/05/2018. Thus, plaintiff is
entitled for recovery of amount under the demand promissory note.
Plaintiff is a money lender having license bearing No.RBE-700, hence,
he is entitled to recover the amount as a money lender. He filed
another document related to his license. Thus, there is no reason to
disbelieve the contentions of plaintiff, which remain unchallenged.
Hence, suit deserves to be decreed as per the provisions of Order
XXXVII Rule 2(3) of the Code of Civil Procedure.
6 There is nothing on record to show that the defendant has
ever paid any amount under the demand promissory note. The absence
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..4.. Summary Suit No.953/2019
and omission on the part of defendant to appear before the Court on
being served with the writ of summons shows that she has no
substantial defence and has admitted the claim of plaintiff. Therefore,
it is established that the defendant has executed the demand
promissory note for Rs.2,50,000/-.
7 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, he would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from the date of issuance of
notice by the advocate of plaintiff i.e. 08/05/2018, till its full
realisation. In view of above discussions, I answer point No.1 in
affirmative and point Nos.2 and 3 in partly affirmative.
8 As the defendant has made plaintiff constrained to file the
suit, she is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summary Suit No.953 of 2019, is hereby partly
decreed with costs.
2. Plaintiff is entitled to recover an amount of
Rs.2,50,000/- alongwith interest at the rate of 9% per
annum from 08/05/2018, till its full realisation from
the defendant.
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3. Court fees, if any, be refunded as per rule.
4. Decree be drawn up accordingly.
(Judgment dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 21/09/2024.
Dictated and Typed on : 21/09/2024.
Signed by HHJ on : 21/09/2024.
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“Certified to be true and correct copy of the original signed order”.
24/09/2024
at about 11.37 a.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 21/09/2024
Order signed by Hon'ble Judge on : 21/09/2024
Order uploaded on : 24/09/2024
at about 11.37 a.m.
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