Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Exh.10 1 Sum.Suit 1081/19
MHCC010108252019
Presented on : 22-10-2019
Registered on : 08-11-2019
Decided on : 03-03-2021
Duration : 1 years, 4 months, 12 days
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1081 OF 2019
Premchand Gulabchandji
Age 77 years, of Mumbai an adult
Indian inhabitant, carrying on
business of Money Lending at
and from 46, Modi Street, Ground
Floor, Fort, Mumbai 400 001 ...Plaintiff
Versus
1. Vinod Yadav Nikam,
age not known, of Mumbai an adult
Indian inhabitant working for gain
G.P.O. Mumbai, Delivery Section,
Shorting MTS Mumbai 400 001 And
residing at P.U.T. Colony, Bldg.,
No. A-12, Room No. 16 Mulund,
Mumbai 400 086
2. Suryakant Rajaram Thakur
age not known, of Mumbai an adult
Indian inhabitant working for gain
G.P.O. Mumbai, Delivery Section,
Shorting MTS Mumbai 400 001 And
residing at Mahatma Phule Nagar,
Ekvira Chawl, Room No.25, Chawl
No.1, Mankhurd, Mumbai 400 088 ….Defendants
-- 1 of 5 --
Judgment Exh.10 2 Sum.Suit 1081/19
Appearances:-
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Ex-parte.
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R. NO. 28)
DATE : 3rd MARCH, 2021
J U D G M E N T
1. This is Summary Suit for recovery of amount of
Rs.29,335/- (Rupees Twenty Nine Thousand Three Hundred and Thirty
Five Only) with pendente lite and future interest at the rate of 15% p.a..
2. According to the plaintiff, in consideration of Rs.25,000/-
obtained by the defendants from the plaintiff, the defendants executed
promissory note of same amount on 24.07.2018 in favour of the
plaintiff. By same promissory note the defendant promised to pay to the
plaintiff said amount of Rs.25,000/- with interest at the rate of 1.25%
per month. However, the defendant failed to pay the said amount to the
plaintiff inspite of demands. Despite legal notice of demand dated
07.05.2019, the defendant failed to pay the said amount. At the
institution if of the suit the amount payable by the defendant was
Rs.29,335/-. Therefore, the plaintiff claimed decree for recovery of said
amount with pendente lite and future interest.
3. Despite service of summons the defendant No.1 failed to
appear. Therefore, the suit proceeded ex-parte against Defendant No.1.
Vide pursis Exh.7 the plaintiff unconditionally withdrawn the suit
against defendant No.2. Therefore, the suit proceeded only against
defendant No.1.
-- 2 of 5 --
Judgment Exh.10 3 Sum.Suit 1081/19
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:-
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount as prayed?
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 of his constituted
Attorney PW Mahindra at Exh.8 and also produced documents with list
Exh.9. The testimony of PW Mahindra and the documents as Demand
promissory note reveal that in consideration of amount of Rs.25,000/-
given by the plaintiff to the defendants, the defendants executed
demand promissory note of same amount payable with interest at the
rate of 18% p.a.. Despite legal notice dtd.07.05.2019, the defendants
failed to pay the amount to the plaintiff. Thus, the Claim Affidavit,
documents on record and the circumstance that defendants failed to
appear and contest/challenge the suit, proved the case of the plaintiff.
Therefore, the plaintiff is entitled to recovery of the amount as prayed.
Considering overall facts and circumstance it is just and proper to grant
pendente lite and future interest at the rate of 12% p.a.. Hence, point
-- 3 of 5 --
Judgment Exh.10 4 Sum.Suit 1081/19
No.1 is answered in the Affirmative and 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:-
ORDER
1. The suit is ex-parte decreed with costs as under.
2. The Defendant No.1 shall pay to the plaintiff amount of
Rs.29,335/- (Rupees Twenty Nine Thousand Three Hundred and
Thirty Five Only) with simple interest at the rate of 12% p.a. from
the date of suit till realization of the amount.
3. The suit against defendant No.2 is disposed as withdrawn
unconditionally.
4. Court fees be refunded to the plaintiff as per rules.
5. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-hoc Judge,
City Civil Court, Mumbai
Date: 03.03.2021
Dictated on : 03.03.2021
Transcribed on : 03.03.2021
Date of sign : 04.03.2021
-- 4 of 5 --
Judgment Exh.10 5 Sum.Suit 1081/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 04.03.2021 5.10 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
03.03.2021
JUDGMENT /ORDER signed by P.O. on 04.03.2021
JUDGMENT /ORDER uploaded on 04.03.2021
-- 5 of 5 --