Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010109282019
Presented on 24-10-2019
Registered on 08-11-2019
Decided on 16-02-2022
Duration Years Months Days
02 03 23
CNR No. MHCC010109282019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 1070 OF 2019
MAHENDRA PREMCHANDJI JAIN
Age 57 years of Mumbai, an adult Indian
inhabitant, residing at 46, Modi Street,
Ground Floor, Fort, Mumbai – 400 001. ...Plaintiff.
V/s.
ANURADHA A. JADHAV
Age not known of Mumbai an adult
Indian inhabitant Working for gain with
Nabard Bank, C Block 24, Bandra B.K.C.,
Mumbai – 400 051.
and residing at 5/A/36, Nabard
Staff Damodar Park, Ghatkopar (w),
Mumbai – 400 086. ....Defendant.
Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 16th February, 2022
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2 Summary suit no.1070 of 2019
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.53,180.82/(Rupees Fifty Three Thousand One Hundred
Eighty and Eighty Two Paise Only) and further interest on the principal
amount of Rs.50,000/(Rupees Fifty 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 is working with Nabard Bank, Mumbai. The
defendant obtained loan of Rs.50,000/(Rupees Fifty Thousand Only)
from plaintiff and executed a cheque in discharge of her libility dated
04.05.2019. The said cheque on presentation was dishonoured and it
was returned as per the bank memo dated 10.05.2019. The defendant
promised to pay the principal amount with interest at the rate of 18%
per annum. But she failed to repay the amount. The Defendant, failed
and neglected to pay the said sum and dishonoured cheque. The
plaintiff issued legal notice dated 04.06.2019. The plaintiff therefore
filed the present suit. The plaintiff prayed for a sum of Rs.53,180.82/
(Rupees Fifty Three Thousand One Hundred Eighty and Eighty Two
Paise Only) and calculated interest on principal amount of Rs.50,000/
(Rupees Fifty 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. She
remained absent and therefore, the suit was proceeded exparte as per
order dated 23.03.2021.
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3 Summary suit no.1070 of 2019
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his claim Affidavit vide Exh.04. The
plaintiff filed the documents as per the list of documents vide Exh.05.
Plaintiff filed cheque dated 04.05.2019 Exh.06, Plaintiffs Advocate's
letter dated 04.05.2019 Exh.07.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.06 shows
that cheuqe was issued by defendant in favour of plaintiff towards
discharge of the legal libility and on demand defendant promised to pay
at Mumbai to the plaintiff a sum of Rs.50,000/ and also consented to
repay the sum on demand along with interest of 18%. The plaintiff
further filed legal notice, vide Exh.7.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff presented the
cheuqe Exh.6 but it was dishonoured and defendant failed to repay the
same, even after, she was issued legal notice. However, the defendant
failed to reply the same. The defendant neither appeared nor filed her
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.53,180.82/ with interest on the principal amount of Rs.50,000/.
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:
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ORDER
1. The Summary suit no. 1070 of 2019 is decreed with costs.
2. Defendant shall pay amount of Rupees 53,180.82/(Rupees Fifty
Three Thousand One Hundred Eighty and Eighty Two Paise Only)
to the plaintiff along with interest at the rate of 9 percent per
annum on the principal amount of Rs.50,000/(Rupees Fifty
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.: 16022022 City Civil Court, Gr. MUMBAI
Direct typed on : 16022022
checked on : 16022022
Signed on : 16022022
( 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”
22.02.2022 at 04.03 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
16.02.2022
Judgment/order signed by P.O. on 16.02.2022
Judgment/order uploaded on 22.02.2022
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