Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010109302019
Presented on 24-10-2019
Registered on 08-11-2019
Decided on 02-02-2022
Duration Years Months Days
02 03 09
CNR No. MHCC010109302019
EXH.07
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1071 OF 2019
KRANTI AMOL NARKAR
Age 40 years, Mumbai an adult Indian
inhabitant having her address at 9/10/10,
Swami Vivekanand Nagar, Dr. E Moses Road,
Worli, Mumbai – 400 018. ...Plaintiff.
V/s.
SUNIL N. PATNOSKAR
Age not known of Mumbai an adult Indian
inhabitant working for gain at Kasturba
Hospital, Sane Guruji Marg, SatRasta,
Mumbai – 400 011.
and residing at Acworth Municipal Leprosy,
Quarters, Room No.2, M. P. Marg, Wadala
(w), Mumbai – 400 031. ....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 : 02nd February, 2022
M
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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.2,29,391.78/ (Rupees Two Lacs Twenty Nine Thousand
Three Hundred Ninety One and Seventy Eight Paise Only) and further
interest on the principal amount of Rs.2,00,000/(Rupees Two Lacs
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 in Kasturba Hospital, Mumbai. The defendant
executed Demand Promissory Note of Rs.2,00,000/ (Rupees Two Lacs
Only) on 28.11.2018. The defendant promised to pay the principal
amount with interest at the rate of 18% per annum. But he failed to
repay the amount. The Defendant, failed and neglected to pay the said
sum and dishonoured the promissory note. The plaintiff issued legal
notice dated 14.08.2019. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.2,29,391.78/(Rupees Two Lacs
Twenty Nine Thousand Three Hundred Ninety One and Seventy Eight
Paise Only) and calculated interest on principal amount of
Rs.2,00,000/(Rupees Two Lacs 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. He
remained absent and therefore, the suit was proceeded exparte as per
order dated 23.03.2021. .
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4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his claim Affidavit vide Exh.4. The
plaintiff filed the documents as per the list of documents vide Exh.3.
Plaintiff filed Demand Promissory Note dated 28.11.2018 Exh.5,
Plaintiffs Advocate's letter dated 14.08.2019 Exh.6.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.03 shows
that the Demand Promissory Note was accepted by defendant in favour
of plaintiff and on demand defendant promise to pay at Mumbai to the
plaintiff a sum of Rs.2,00,000/ and also consented to repay the sum on
demand along with interest of 18%. The plaintiff further filed legal
notice, vide Exh.6.
6. After going through the documents and argument of the
Learned advocate for plaintiff, it seems that the plaintiff handed over
the Demand Promissory Note Exh.5 and defendant failed to repay the
same, even after, he was issued legal notice. However, the defendant
failed to reply the same. The defendant neither appeared nor filed his
evidence. Therefore, the plaintiff is entitled for the due amount of
Rs.2,29,391.78/ with interest on the principal amount of Rs.2,00,000/.
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.1071 of 2019 is decreed with costs.
2. Defendant shall pay amount of Rs.2,29,391.78/ (Rupees Two
Lacs Twenty Nine Thousand Three Hundred Ninety One and
Seventy Eight Paise Only) to the plaintiff along with interest at
the rate of 9 percent per annum on the principal amount of
Rs.2,00,000/(Rupees Two Lacs 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.: 02022022 City Civil Court, Gr. MUMBAI
Direct typed on : 02022022
checked on : 02022022
Signed on : 02022022
( 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”
02.02.2022 at 04.07 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
02.02.2022
Judgment/order signed by P.O. on 02.02.2022
Judgment/order uploaded on 02.02.2022
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