Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010103462019
Presented on 07-10-2019
Registered on 22-10-2019
Decided on 07-01-2022
Duration Years Months Days
02 03 00
CNR No. MHCC010103462019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 1036 OF 2019
AMBALAL RIKHABCHANDJI JAIN
of Mumbai, an adult Indian inhabitant, carrying
on business of Money Lending as a Sole
Proprietor in the name And style of Ritik
Creation at and from Room No.20, Ground
Floor, Gulam Mohamad Building, Navroji Hill
Road No.7, Dongri, Mumbai – 400 009. ...Plaintiff.
V/s.
1. MOHAMMEDALI FAZARALI
Age not known of Mumbai an adult Indian,
inhabitant working for gain Mumbai Port
Trust, Nirman Bhavan, 3rd Floor, Mujawar
Pakhadi Road, Mazgaon, Mumbai – 400010,
Dockyard Road. Residing at B.P.T. Labour
New Colony, Nadkarni Park, New Bldg
No.13, Room No.265, Ground Floor, Wadala,
Mumbai – 400037.
2.SHAMIMBANO MOHAMMEDALI SHAIKH
Age not known of Mumbai an adult Indian,
Residing at B.P.T. Labour New Colony,
Nadkarni Park, New Bldg No.13,
Room No.265, Ground Floor, Wadala,
Mumbai – 4000 037. Defendant..
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Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 07th January, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of a sum of Rs.53,788.49/ (Rupees Fifty Three Thousand Seven
Hundred Eighty Eight and Forty Nine Paise Only) and further interest
on the principal amount of Rs.40,000/(Rupees Forty Thousand Only)
along with interest at the rate of 18% per annum from the date of filing
of the suit till its actual realization.
2. The facts in brief are as follows:
The plaintiff is doing money lending business under license.
The defendant No.1 is working at Mumbai Port Trust. The defendant
No.1 executed Bill of exchange of Rs.40,000/ (Rupees Forty Thousand
only) on 11/10/2017. The defendant No.2 accepted the bill of exchange
on behalf of defendant no.1. The defendant No.1 and 2 promised to pay
the principal amount with interest at the rate of 18% per annum but
they failed to repay the amount. The Defendants, failed and neglected
to pay the said sum and dishonoured the bill of exchange. The plaintiff
issued legal notice dated 10.07.2019. The plaintiff therefore filed the
present suit. The plaintiff prayed for a sum of Rs.53,788.49/ (Rupees
Fifty Three Thousand Seven Hundred Eighty Eight and Forty Nine Paise
Only) and calculated interest on principal amount of Rs.40,000/
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(Rupees Forty 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 were duly served with writ of summon.
They remained absent and therefore, the suit was proceeded exparte as
per order dated 02.09.2021.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his Claim Affidavit vide Exh.3. The
plaintiff filed the documents as per the list of documents vide Exh.4.
Plaintiff filed bill of exchange dated 11.09.2017 vide Exh.5, Plaintiffs
Advocate's letter dated 10.07.2019 Exh.6, Money lender license Article
A, Forms under Bombay Money Lending Act Article B, Books of
Accounts Article C.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.05 shows
that the Bill of Exchange was Executed by defendant No.1 and accepted
by defendant No.2 in favour of plaintiff and on demand defendants
promise to pay at Mumbai to the plaintiff a sum of Rs.40,000/ and also
consented to repay the sum on demand along with interest of 18%. The
plaintiff further filed legal notice, vide Exh.6.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff handed over
the Bill of Exchange Exh.5 and defendants failed to repay the same,
evenafter they were issued legal notice. However, the defendants failed
to reply the same. The defendants neither appeared nor filed their
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evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.53,788.49/ with interest on the principal amount of Rs.40,000/.
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. 1036 of 2019 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay amount of
Rs.53,788.49/ (Rupees Fifty Three Thousand Seven Hundred
Eighty Eight and Forty Nine Paise Only) to the plaintiff along
with interest at the rate of 9 percent per annum on the principal
amount of Rs.40,000/(Rupees Forty Thousand only) from the
date of filing suit till its actual realisation.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 07012022 City Civil Court, Gr. MUMBAI
Direct typed on : 07012022
checked on : 07012022
Signed on : 07012022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.01.2022 at 05.03 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
07.01.2022
Judgment/order signed by P.O. on 07.01.2022
Judgment/order uploaded on 07.01.2022
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