Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010104272019
Presented on 15-10-2019
Registered on 22-10-2019
Decided on 01-12-2021
Duration Yrs. M. Days
02 01 16
CNR No. MHCC010104272019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1047 OF 2019
MR. SAYALU HANMANLU SHAHAPURKAR
of Mumbai an adult Indian, Inhabitant aged
about 35 years, Occupation Money Lender,
having his Office and residence address at
Building No.21B, Room No.412,
Hiranandani Akruti, Lallubhai Compound,
Mankhurd West, Mumbai – 400 043. ...Plaintiff.
V/s.
MRS. DARSHANA SURESH LAD
of Mumbai an adult Indian, Inhabitant age
57 years, Occupation service, having her
residence address at Building No.6,
Apartment Room No.618, 4th floor, Satara
CoOp. Hsg. Society Ltd. Ashok Nagar, V. N.
East Marg, Chunabhati Mumbai – 400 022.
And also having her office address at the
Mahanagar Telephone Nigam Limited,
M.T.N.L. Coparage Telephone Exchange,
Employee No.M038840, Account
Department, Ground Floor, Near to
Mantralaya, Fort Mumbai – 400 001. ....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 : 01st December, 2021.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.2,98,700/(Rupees Two Lacs Ninety Eight Thousand Seven
Hundred only) alongwith interest on the principal amount of
Rs. 2,90,000/ (Rupees Two Lacs Ninety 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 at MTNL. The
plaintiff advanced and lent to the defendant a sum of Rs.2,90,000/
(Rupees Two Lacs Ninety Thousand only) on 20.04.2019 in cash. To
that defendant executed demand promissory note in favour of plaintiff
dated to 20.04.2019. 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 of Rs.2,98,700/ with further interest on
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Summary Suit 1047 of 2019 .. J/3 .. Ex-parte Judgment
Rs.2,90,000/(Rupees two Lacs Ninety 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 09.03.2021.
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 6.
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.2,90,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
30.09.2019, 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.2,90,000/ in cash, against it
executed demand promissory note of Rs. 2,90,000/ (Rupees Two Lacs
Ninety 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
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Summary Suit 1047 of 2019 .. J/4 .. Ex-parte Judgment
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 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. 1047 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,98,700/(Rupees Two
Lacs Ninety Eight Thousand Seven Hundred only) to the plaintiff
with interest on the principal amount of Rs.2,90,000/ (Rupees
Two Lacs Ninety 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.: 01122021 City Civil Court, Gr. MUMBAI
Direct typed on : 01122021
Checked on : 01122021
Signed on : 01122021
( 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”
02.12.2021 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
01.12.2021
Judgment/order signed by P.O. on 01.12.2021
Judgment/order uploaded on 01.12.2021
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