Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010108812019
Presented on 16-10-2019
Registered on 22-10-2019
Decided on 07-01-2022
Duration Yrs. M. Days
02 02 22
CNR No. MHCC010108812019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 1038 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. SAEED AHMED SAYED GAIBI
Age not known of Mumbai an adult Indian,
inhabitant working for gain Mumbai 'B'
Ward, BMC, 121, Ramchandra bhatt Marg,
Opp. J. J. Hospital, Mumbai – 400009,
EMP Code:3760893 Residing at 121, New
BMC Bldg, 1st Floor, Room No.12, Babula
Tank Cross Road, Mumbai 400009.
2. SHAIKH LIYAKAT ALI ABDUL HAMID
Age not known of Mumbai an adult Indian,
inhabitant working for gain Mumbai 'B'
Ward, BMC, 121, Ramchandra bhatt Marg,
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Opp. J. J. Hospital, Mumbai – 400009, EMP
Code : 4123255, Residing at 121, New BMC
Bldg, 1st Floor, Room No.15, Babula Tank
Cross Road, Mumbai – 400009. ....Defendant.
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.1,41,067.39/ (Rupees One Lakh Forty One Thousand
Sixty Seven and Thirty Nine Paise Only) and further interest on the
principal amount of Rs.1,20,000/(Rupees One Lakh Twenty 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 in BMC, Mumbai. The defendant No.1
executed Bill of Exchange of Rs.1,20,000/(Rupees One Lakh Twenty
Thousand only) on 19/09/2018. 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
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exchange. The plaintiff issued legal notice dated 30.07.2019. The
plaintiff therefore filed the present suit. The plaintiff prayed for a sum
of Rs.1,41,067.39/(Rupees One Lakh Forty One Thousand Sixty Seven
and Thirty Nine Paise Only) and calculated interest on principal amount
of Rs.1,20,000/ (Rupees One Lakh Twenty 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. They
remain 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 19.08.2018 vide Exh.5, Plaintiffs
Advocate's letter dated 30.07.2019 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.1,20,000/ and
also consented to repay the sum on demand along with interest of 18%.
The plaintiff further filed legal notice, vide Exh.6.
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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
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.1,41,067.39/with interest on the principal amount of Rs.1,20,000/.
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. 1038 of 2019 is decreed with costs.
2. Defendant No.1 and 2 shall jointly and severally pay amount of
Rs.1,41,067.39/ (Rupees One Lakh Forty One Thousand Sixty
Seven and Thirty Nine Paise Only) to the plaintiff along with
interest at the rate of 9 percent per annum on the principal
amount of Rs.1,20,000/(Rupees One Lakh Twenty 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
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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”
14.11.2021 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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