Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum.Suit No.1137/19
MHCC010114032019
Presented on : 06-11-2019
Registered on : 20-11-2019
Decided on : 08-02-2021
Duration : 01 years, 3 months, 2 days
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1137 OF 2019
Sujata Gulab Shinde
Age: 42 years of Mumbai and adult
Indian inhabitant having her address
at C-2, Om Shradha Hsg. Socy.,
Swatantra Veer Saverkar Nagar, Link
Road, Aslafa Village, Saki Naka,
Kurla, Mumbai – 400 078 ...Plaintiff
VERSUS
Anil Narayan Karvande
Age: not known of Mumbai an adult
Indian inhabitant working for gain
with BEST, Dadar Work Shop Gate No.3,
2nd Floor, Dadar Mumbai-400 014,
Parichay No. 4132221 and residing
at Laxmi Chawl No. 2, room No. 2,
Indira Nagar, Sainath Nagar Road,
Ghatkopar West, Mumbai – 400 086. ...Defendant
Appearances:-
Ld. Advocate Mr. Ramesh Jain for the plaintiff.
None for the Defendant
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2 Sum.Suit No.1137/19
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 08th FEBRUARY, 2021
J U D G M E N T
1. This is summary suit for recovery of amount of Rs
2,51,189.04/- with pendente lite and future interest @ 18% per
annum.
2. According to the Plaintiff, he is doing business of
money lending. On 20.05.2018, the defendant executed demand
promissory note in favour of the plaintiff for valuable consideration
of amount of Rs.2 lakhs received by the defendant from the
plaintiff. By same promissory note, the defendant promised to pay
to the plaintiff the amount of Rs. 2 lakhs with interest @ 18% p.a.
However, despite demand, the defendant failed to make the
payment. The plaintiff also issued letter through Advocate on
20.05.2019, however, the defendant failed to pay the amount. On
the date of the suit amount payable by the defendant was
Rs.2,51,189.04/-. Therefore, the plaintiff prayed for recovery of
the said amount with pendente lite and future interest @ 18% p.a.
Hence, this suit.
3. Despite service of summons, the defendant failed to
appear. Therefore, the suit proceeded exparte against the
defendant.
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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:-
Sr.No. POINTS FINDINGS
1. To what amount the plaintiff is
entitled ?
Rs.2,51,189/-
2. At what pendente lite and future rate of
interest ?
12% p.a.
3. What order & decree? As per final order
R E A S O N S
AS TO POINTS NOs.1 to 3 :-
5. The plaintiff produced her claim affidavit at Exh.7 and
the documents of list Exh.8. In claim affidavit, the plaintiff
deposed that on 20.05.2018, the defendant executed demand
promissory note of Rs.2 lakhs in her favour in consideration of
amount of Rs.2 lakh received by the defendant from the plaintiff.
By same promissory note, the defendant promised to pay to the
plaintiff the amount of Rs.2 lakhs with interest @ 18% p.a.
However, the defendant failed to make the payment. Demand
notice dated 20.05.2019, was also issued to the defendant but the
defendnt failed to make the payment.
6. The documents i.e. original promissory note is
produced on record which shows that the defendant executed same
in favour of the plaintiff for Rs.2 lakhs with interest @ 18% p.a.
The copy of money lending licence is also produced on record.
Thus, the claim affidavit of the plaintiff and the documents proved
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4 Sum.Suit No.1137/19
the case of the plaintiff. Therefore, the plaintiff is entitled to
recovery of the amount of Rs. 2,51,189.04. Therefore, the plaintiff
is entitled to recovery of the amount of Rs. 1,53,309.58/-. As far as
pendente lite and future interest is concern, considering the over-
all circumstances, it is just and proper to grant pendente lite and
future interest at the rate of 12% p.a. Hence, points No.1 and 2
are answered as that the plaintiff is entitled to recovery of amount
of Rs. 2,,51,189/- with pendente lite and future interest at the rate
of 12% p.a. In answer to point No.3, order as follows is passed:-
ORDER
1. The suit is exparte decreed with costs as under.
2. The defendant shall pay to the plaintiff the amount of
Rs.2,,51,189/- (Rupees Two Lakhs Fifty One Thousand One Hundred
Eighty Nine Only) with simple interest at the rate of 12% p.a. from the
date of the suit till realization of the amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 08.02.2021 City Civil Court, Mumbai
Dictated on : 08.02.2021
Transcribed on : 9.02.2021
Signed on : 10.02.2021
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5 Sum.Suit No.1137/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 10.02.2021 5.00 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
08.02.2021
JUDGMENT /ORDER signed by P.O. on 10.02.2021
JUDGMENT /ORDER uploaded on 10.02.2021
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