Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010108412019
Presented on 22-10-2019
Registered on 17-12-2019
Decided on 22-07-2022
Duration Years Months Days
02 09 00
CNR No. MHCC010108412019
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1276 OF 2019
RAJESH ARJUN PAWAR
Age 26 years, Indian inhabitant, carrying on
business at Chawl No.LG 36, Room No.6,
Indira Nagar, Sundar Baug, Kamani, Kurla
(West), Mumbai – 400 070. ...Plaintiff.
V/s.
GHANSHYAM LALLUBHAI SOLANKI,
adult, working for gain with Mahanagar
Telephone Nigam Ltd; Dept. GM (East1),
Emp No. MO44084, PF. No. BYTD/47770,
Nityanand Nagar, Ghatkopar (W),
Mumbai 400008 and residing at Chawl
No.1, R. No.5, Van Wishwa Shanti CSH,
Behind Bhanushali Wadi Hall, Santosh Nagar,
Tisgaon, Kalyan (E), thane – 421306. ....Defendant.
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
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CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 22nd JULY, 2022
J U D G M E N T
(Exparte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,90,000/(Rupees Two Lacs Ninety Thousand only) with
further interest at the rate of 18% per annum from the date of filing of
the suit till its realization.
2. The facts in brief are as follows:
The plaintiff lent and advanced to the defendant the sum of
Rs.2,90,000/ on 10.01.2019 in cash with interest at the rate of 18%
per annum. The defendant issued a cheque in discharge of his liability
dated 23.08.2019. The said cheque on presentation was dishonoured
and it was returned as per the bank memo dated 27.08.2019. The
defendant promised to pay the principal amount with interest at the
rate of 18% per annum. The plaintiff present the cheque on 23.08.2019.
the said cheque was dishonoured. The Defendant, failed and neglected
to pay the said sum and dishonoured cheque. The plaintiff issued legal
notice dated 18.09.2019. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.2,90,000/(Rupees Two Lacs Ninety
Thousand only). The plaintiff claimed further interest at the rate 18%
per annum and prayed to decree the suit.
3. The defendant was duly served but, he failed to appear
hence, suit was proceeded Exparte against the defendant as per order
dated 04.01.2022.
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4. Heard the Learned Advocate for plaintiff. The plaintiff filed
his claim affidavit vide Exh.03. The plaintiff filed the documents as per
the list of documents vide Exh.04. Plaintiff filed cheque dated
23.08.2019 Exh.05, Bank memo dated 27.08.2019 Exh.06 and Plaintiffs
Advocate's letter dated 18.09.2019 Exh.07.
6. After going through the documents filed by the plaintiff, it
seems that the defendant had taken the amount and agreed to repay the
same on demand alongwith interest. The defendant however, failed to
repay the same. The cheque was issued by the defendant towards
discharged of his legal libility. However the cheque being dishonoured,
the defendant failed to discharge his libility. The defendant failed to
appear and challenge the oral and documentary evidence of plaintiff.
The defendant also failed to crossexamine the plaintiff. Therefore, the
evidence of plaintiff has gone unchallenged. The plaintiff on oath
stated about the money lent to the defendant. The documents filed by
the plaintiff had also gone unchallenged. It therefore seems that the
defendant is liable to pay the principal amount and the interest accrued
upon it. The plaintiff calculated the amount of Rs.2,90,000/ till the
date of filing of the suit. Considering the nature of transaction it would
not be appropriate to grant further interest at the rate of 18% per
annum. However, the interest at the rate of 9% per annum would meet
the ends of Justice. Hence, I, proceed to pass the following order:
ORDER
1. The Summary Suit no.1276 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,90,000/ (Rupees Two
Lacs Ninety Thousand only) to the plaintiff at the rate of 9
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percent per annum 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.: 22072022 City Civil Court, Gr. MUMBAI
Direct Typed on : 22072022
checked on : 22072022
Signed on : 22072022
( 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”
22.07.2022 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 22.07.2022
Judgment/order signed by P.O. on 22.07.2022
Judgment/order uploaded on 22.07.2022
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