Final Order 1

Order Details: Ex-parte Judgement
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Jud in Summ Suit 1106 /19
MHCC010102072019
Presented on : 05-10-2019
Registered on : 16-11-2019
Decided on : 25-03-2021
Duration : 01-Y.04-M.09-D
IN THE CITY CIVIL COURT OF MUMBAI
SUMMARY CIVIL SUIT NO. 1106 of 2019
CNR NO.MHCC010102072019
Exh.12
Mr. Balu Gangaram Aarote, aged 30 years,
Indian Inhabitant residing and carrying business
at Margu Sheth Chawl, Bouddha Colony,
Pipe line Road, Kurla (West), Mumbai 400 070 ...Plaintiff.
Versus
Shri. Shivaji Bhimaji Bangar, an adult,
Working for gain At GWND, B.P.T.Office,
Kala Chauki , Mumbai – 400 033
And 7/20 Sadbhavna Nagar, B.P.T. Colony Wadala
Mumbai – 400 37 ...Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.14)
DATE : 25th DAY OF MARCH, 2021
Ld.Advocate Balbheem Patil for the plaintiff
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None for the defendant.
JUDGMENT
( Delivered on this 25th day of March, 2021)
This is a suit for recovery of an amount.
2. The factual Matrix:
The plaintiff at Bombay lent and advanced to the defendant
the sum of Rs.1,00,000/ on 2 nd June, 218 in cash with interest at the
rate of 18% p.a. for which the defendant had executed Demand
Promissory note in favour of the plaintiff.
3. It is submitted that the plaintiff on several occasion orally
demanded from defendant the repayment of the said amount of
Rs.1,00,000/ but the defendant failed and neglected to pay the same,
hence the plaintiff by advocate's notice dated 11th July, 2019 finally
called upon the defendant to pay the said sum of Rs.1,00,000/ with up
to date interest but defendant failed and neglected either to pay the
said sum or to repay the said demand.
4. It is further submitted that the plaintiff is carrying on
business in Mumbai and also residing at Kurla, Mumbai400 070 and
defendant is works for gain at Kala Chowki, Mumbai. The moneys were
lent and advanced at Mumbai and are repayable at Mumbai, the
Promissory note was executed in Mumbai and hence the whole cause of
action has arisen at Mumbai on 2/6/2018. Hence the present suit is
filed for recovery of an amount.
5. Suit is proceeded exparte against the defendant.
6. Plaintiff has filed the particulars of claim as follows:
Particulars of Claim:
Rs.1,00,000/ On demand promissory note dated 2nd June, 2018
Rs.21,000 Interest on Rs.1,00,000/ from 2 nd June, 2018 to
2nd August, 2019
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Rs.1,21,000/
=========
Total Claims
Plaintiff restricts his claim up to Rs.1,21,000/
only
7. To prove its case on behalf of the plaintiff PW no.1 Balu
Arote has filed affidavit in lieu of examination in chief as per Exh.3. So
also the plaintiff has filed several documents as per list Exh.4. Those
documents are as follows:
Sr.No Exhibit Documents
1. Exhibit5 Original dishonored Demand Promissory Note for
Rs.1,00,000/dated 02 nd June, 2019
2. Exhibit6 Form No.10 dated 02nd June, 2019
3. Exhibit7 Office copy of demand notice dated 22. along with
a postal receipts a return packet
4. Exhibit8 Plaintiffs money lending license copy pertaining to
loan period
5. Exhibit9 Copy of Cash book pertaining to loan period
between the plaintiff and defendant only.
6. Exhibit10 Copy of Ledger book pertaining to loan period
between the plaintiff and defendant only.
8. The plaintiff has reiterated the contents of plaint by filing
affidavit. The oral as well as documentary evidence on record remained
unchallenged. The promissory note is at Exh.5 which shows that the
plaintiff has paid Rs.1,00,000/(Rupees One lakh) and the agreed rate
of interest was 18% p.a. The form no.10 Exh.6 is the statement showing
details of the conditions of the loan wherein agreed interest was 18%
p.a. The money lending license Exh.8 establishes that on the date of
transaction the license was in force. The aforesaid documentary
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evidence remained unchallened and therefore suit needs to be decreed.
Hence, I pass the following order.
ORDER
1. The suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.1,21,000/
(Rupees One lakh twenty one thousand only) with further interest @
8% p.a. on principal amount of Rs. 1,00,000/(Rupees One lakh) from
the date of institution of the suit till its realization.
3. Decree be drawn up accordingly.
4. Court fees be refunded as per rules.
(Kishore M. Jaiswal )
Judge,
Date:25/03/2021. City Civil Court, Greater Mumbai.
Dictated on : 25/03/2021
Transcribed on : 03/04/2021
Signed on :
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Jud in Summ Suit 1106 /19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: 03.04.2021 NAME OF STENOGRAPHER(GI)
Mrs. V.V.Mhatre
TIME:
Name of the Judge (With Court
room no.)
Shri Kishore M. Jaiswal
(Court Room No.14)
Date of Pronouncement of
JUDGEMENT/ORDER
25.03.2021
JUDGMENT/ORDER signed by
P.O. on
03.04.2021
JUDGEMENT/ORDER uploaded on 03.04.2021
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