Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 1104 of 2019 ..J/1.. Exparte Judgement
MHCC010102062019
Presented on 05-10-2019
Registered on 16-11-2019
Decided on 09-02-2022
Duration 2 4 4
Years Months Days
CNR No. MHCC010102062019
EXH. 8
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1104 OF 2019
MR. BALU GANGARAM AAROTE
Indian Inhabitant residing and carrying
business at Margu Sheth Chawl, Bouddha
Colony, Pipe Line Road, Kurla (West),
Mumbai – 400 070. ...Plaintiff.
V/s.
SHRI. GOUTAM GOVIND TAPASE
an adult, working for gain At E.S.I Corporation,
108, N. M. Joshi Marg, Lower Parel,
Mumbai – 400 013.
and residing at 3/11, Shivneri Apartment,
Sector No.18, Nerul West, Mumbai – 400 706. ....Defendant.
Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
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Summary Suit 1104 of 2019 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 09th 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.1,43,400/(Rupees One Lakh Forty Three Thousand Four
Hundred only) alongwith interest on the principal amount of
Rs.1,20,000/(Rupees One Lakh Twenty 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 in E.S.I.
Corporation, Lower Parel, Mumbai. The plaintiff advanced and lent to
the defendant a sum of Rs.1,20,000/(Rupees One Lakh Twenty
Thousand only) on 08.06.2018 in cash. To that defendant executed
demand promissory note in favour of plaintiff dated to 08.06.2018. 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 promissory note. The plaintiff
therefore, filed the present Suit. The Plaintiff prayed for a sum of
Rs.1,43,400/ with further interest on Rs.1,20,000/(Rupees One Lakh
Twenty 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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Summary Suit 1104 of 2019 .. J/3 .. Ex-parte Judgment
3. The defendant was duly served with writ of summon. He
remained absent and therefore, the suit was proceeded exparte against
him.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.03 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.05
and 06.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.05 the promissory note shows that the defendant obtained
the amount and executed promissory note of Rs.1,20,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
11.07.2019, vide Ex.06. 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.1,20,000/ in cash, against it
executed demand promissory note of Rs.1,20,000/ (Rupees One Lakh
Twenty 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 evidence of the plaintiff has gone unchallenged. The
defendant is therefore liable to pay the amount to the plaintiff.
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Summary Suit 1104 of 2019 .. J/4 .. Ex-parte Judgment
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. 1104 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs.1,43,400/(Rupees One
Lakh Forty Three Thousand Four Hundred only) to the plaintiff
with interest on the principal amount of Rs.1,20,000/ (Rupees
One Lakh Twenty 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.: 09022022 City Civil Court, Gr. MUMBAI
Direct typed on : 09022022
Checked on : 09022022
Signed on : 09022022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Civil Court, Gr. MUMBAI
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Summary Suit 1104 of 2019 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.02.2022 at 2:16 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
09.02.2022
Judgment/order signed by P.O. on 09.02.2022
Judgment/order uploaded on 09.02.2022
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