Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010098772019
Presented on 25-09-2019
Registered on 16-11-2019
Decided on 22-11-2021
Duration Yrs. M. Days
02 01 27
CNR No. MHCC010098772019
EXH.07
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1094 OF 2019
MR. RAJESHWAR LAXMANRAO GADGE
of Mumbai an adult Indian, Inhabitant aged
about 38 years, Occupation Money Lender,
having his Office and residence address at
Block No.1, Jaishankar Chowk Halav Pool
Road, Durga Pawar Chawl, Opposite Rolex
Hotel, Makadwala Compound, Kurla West,
Mumbai – 400 070. ...Plaintiff.
V/s.
MR. BHASKAR NANOSA GUJALE
of Mumbai an adult Indian Inhabitant, age 47
years, Occupation Service, having his office
address at Dharavi Bus Depot. Traffic
Department, Designation Conductor, Dharavi
Mumbai – 400 017.
and also having his Residence address at Room
No.205, Govind Nest Building No.4, Vikas
Nagari Phulpada Road, Virar East District
Palghar Pin Code No. 401303, and also having
his native place Address at & Post Hangirge,
Tq. Sangoli District Solapur, Maharashtra. ....Defendant.
M
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Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 22nd November, 2021.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.2,95,000/(Rupees Two Lacs Ninety Five Thousand only)
alongwith interest on the principal amount of Rs. 2,50,000/ (Rupees
Two Lacs Fifty Thousand only) 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 as conducter
in traffic department, dharavi Bus Depot. The plaintiff advanced and
lent to the defendant a sum of Rs.2,50,000/ (Rupees Two Lacs Fifty
Thousand only) on 27.04.2018 in cash. To that defendant executed
demand promissory note in favour of plaintiff dated to 27.04.2018. The
defendant promised to pay the principal amount with interest at the
rate 18% per annum. But he failed to repay the amount. Inspite of
repeated request and demand by the plaintiff defendant failed and
neglected to pay the same. The plaintiff issued demands and reminders
however, the defendant dishonoured the post dated cheque. The
plaintiff therefore, filed the present Suit. The Plaintiff prayed for a sum
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of Rs.2,95,000/ with further interest on Rs.2,50,000/ (Rupees Two
Lacs Fifty Thousand only) till the suit is filed. The plaintiff claimed
further interest at the rate 18% p.a. and prayed to decree the suit.
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 20.01.2020.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.02 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.04
and 5.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.04 the promissory note shows that the defendant obtained
the amount and executed promissory note of Rs.2,50,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
22.03.2019, vide Ex.05. The legal notice was duly served to the
defendant.
6. After going through the documents its seems that the
defendant obtained the loan of Rs.2,50,000/ in cash, against it
executed demand promissory note of Rs. 2,50,000/ (Rupees Two Lacs
Fifty Thousand only) in favour of plaintiff. In spite of repeated request
and demand defendant failed to repay the amount. He also agreed to
pay the interest at the rate of Rs.18%. 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
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evidence of the plaintiff has gone unchallenged. The defendant is
therefore liable to pay the amount to the plaintiff.
7. It seems that the plaintiff has demanded exorbitant
interest at the rate of 18% per annum. Considering the nature of
transaction, the interest at the rate of 9% per annum would meet the
ends of justice. I therefore, proceed to pass the following order:
ORDER
1. The Summary Suit no. 1094 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,95,000/(Rupees Two
Lacs Ninety Five Thousand only) to the plaintiff with interest on
the principal amount of Rs.2,50,000/ (Rupees Two lacs Fifty
Thousand Only) at the rate of 9 percent 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.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 22112021 City Civil Court, Gr. MUMBAI
Direct typed on : 22112021
Checked on : 22112021
Signed on : 22112021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.11.2021 at 05.10 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
22.11.2021
Judgment/order signed by P.O. on 22.11.2021
Judgment/order uploaded on 22.11.2021
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