Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 1085 of 2019 ..J/1.. Exparte Judgement
MHCC010099592019
Presented on 26-09-2019
Registered on 08-11-2019
Decided on 16-02-2022
Duration Years Months Days
02 04 20
CNR No. MHCC010099592019
EXH.10
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1085 OF 2019
MR.VYANKATESH YALLAPPA KUNCHIKORVE
of Mumbai an adult Indian, Inhabitant aged
about 39 years, Occupation : Business (Money
Lender) Having his Office and residence
address at Room No.B/158, M. P. Nagar,
Dhorwada Cross Road, Dharavi, Dharavi
Mumbai – 17. ...Plaintiff.
V/s.
MR. NAMDEO BUVAJI SHELAR
of Jogeshwari Mumbai an adult, Indian
Inhabitant, Aged about 57 years, Occupation :
Service, having his office Address at Dadar
B.M.C. Garage, Senapati Bapat Road, Ful
Market, Dadar West, Mumbai – 400 014.
and also having his residence address at Laxmi
Darshan CHS RNo.264, Harihali Village,
Jogeshwari Link Road, Kanjurmarg East,
Mumbai – 400 048. ....Defendant.
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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 : 16th February, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.4,00,000/(Rupees Four Lacs only) alongwith further interest
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,
Mumbai. The plaintiff advanced and lent to the defendant a sum of
Rs.4,00,000/(Rupees Four Lacs only) on 10.11.2017 in cash towards
friendly help without interest. To that defendant executed demand
promissory note in favour of plaintiff dated to 10.11.2017. 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
promissory note. The plaintiff therefore, filed the present Suit. The
Plaintiff prayed for a sum of Rs.4,00,000/ with further interest.
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 12.11.2021.
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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.08
and 09.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.08 the promissory note shows that the defendant obtained
the amount and executed promissory note of Rs.4,00,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
15.04.2019, vide Ex.09. 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.4,00,000/ in cash, against it
executed demand promissory note of Rs.4,00,000/ (Rupees Four Lacs
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 evidence of the
plaintiff has gone unchallenged. The defendant is therefore liable to pay
the amount to the plaintiff.
7. It seems that the loan was a friendly help and interest was
to be paid and the interest is demanded after filing of suit. It seems that
the interest demanded is exorbitant interest at the rate of 18% per
annum. Considering the nature of transaction, the interest at the rate of
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9% per annum would meet the ends of justice. I therefore, proceed to
pass the following order:
ORDER
1. The Summary Suit no. 1085 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs.4,00,000/(Rupees Four
Lacs only) to the plaintiff with interest 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.: 16022022 City Civil Court, Gr. MUMBAI
Direct typed on : 16022022
Checked on : 16022022
Signed on : 16022022
( 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”
16.02.2022 at 5:53 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
16.02.2022
Judgment/order signed by P.O. on 16.02.2022
Judgment/order uploaded on 16.02.2022
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