Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Exh.9 1 Sum.Suit 1054/2019
MHCC010106292019
Presented on : 17-10-2019
Registered on : 01-11-2019
Decided on : 17-03-2021
Duration : 01 year 05 months
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO1054 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
Yallapa Pochchapa Jadhav
Age : 30 years, Indian inhabitant
carrying on business at Room
No. 78, Makadwala Chawl, Jay
Shankar Chowk, Masarani Lane,
Halav Pul, Kurla West,
Mumbai - 400 070. … Plaintiff
VERSUS
Sandeep Waman Gangawane,
adult, working for gain with Western
Railway Head Quaarters, Dept. Audit;
Emp. No. 50800008576, TKT
No.7060258, I Card No. 194, 5th Floor,
Churchgate, Mumbai 400 020 and
residing at A/103, Lekha Vihar Staff
Quarter, Type 1, Charkop Sector-5,
NR Dena Bank, Kandiwali West
Mumbai 400 067. ….Defendant
Appearances:-
Advocates Mr. Rajesh M. Patil for the Plaintiff.
Defendant Ex-parte.
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Judgment Exh.9 2 Sum.Suit 1054/2019
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 17th MARCH 2021
J U D G M E N T
1. This is Summary Suit for recovery of amount of
Rs.2,95,000/- (Rupees Two Lakhs Ninety-five Thousand Only) with
interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.2,50,000/-
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 09/11/2016 in favour of the
plaintiff. By same promissory note the defendant promised to pay
interest at the rate of 18% p.a. on the said sum of Rs.2,50,000/-.
However, the defendant neglected to pay the said amount. Despite
issuance of legal notice of demand dated 28/09/2018, the defendant
failed to pay the said amount. At the institution of the suit, the amount
due and payable by the defendant was Rs.2,95,000/-. Therefore, the
plaintiff claimed decree for recovery of said amount with the interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded ex-parte against the Defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:-
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Judgment Exh.9 3 Sum.Suit 1054/2019
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount ?
Affirmative.
2. At what rate of pendente lite and
future interest ?
12% p.a.
3. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 to 3 :-
5. The plaintiff filed his Claim Affidavit at Exh.7 and also produced
documents with list Exh.7. The Affidavit and the document as
promissory note dtd.09/11/2016 reveal that the defendant executed
said promissory note for Rs.2,50,000/- in favour of the plaintiff and also
promised to pay interest at the rate of 18% p.a.. Copy of license in Form
No.3 shows that the plaintiff is licensed Money Lender. Despite legal
notice dtd. 28/09/2019, the defendant failed to pay the amount to the
plaintiff. Thus, the Claim Affidavit, documents on record and the
circumstance that defendant failed to appear and contest/challenge the
suit, proved the case of the plaintiff. Therefore, the plaintiff is entitled
to recovery of the amount. Considering overall facts and circumstances,
it is just and proper to grant interest at the rate of 12% p.a.. Hence,
point No.1 is answered in the Affirmative and whereas point No.2 is
answered as 12% p.a.. In view of Para-499 of Civil Manual court fees
has to be refunded to the plaintiff, this being summary suit where the
defendant did not appear. In answer to point No.3 order as follows is
passed:-
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Judgment Exh.9 4 Sum.Suit 1054/2019
ORDER
1. The suit is ex-parte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.2,95,000/-
(Rupees Two Lakhs Ninety-five Thousand Only) with simple interest at
the rate of 12% p.a. on principal amount of Rs.2,50,000/- from the date
of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-hoc Judge,
Date: 17/03/2021 City Civil Court, Gr. Mumbai
Dictated on : 17.03.2021
Transcribed on : 18.03.2021
Date of sign : 19.03.2021
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Judgment Exh.9 5 Sum.Suit 1054/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 19.03.2021 5.20 p.m.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri.D.L.Bhagwat
(C.R.NO.28)
Date of Pronouncement of
JUDGMENT /ORDER
17.03.2021
JUDGMENT /ORDER signed by P.O. on 19.03.2021
JUDGMENT /ORDER uploaded on 19.03.2021
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