Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit 116 of 2020 ..J/1.. Exparte Judgement
MHCC010115492019
Presented on 11-11-2019
Registered on 16-01-2020
Decided on 16-02-2022
Duration Years Months Days
02 03 05
CNR No. MHCC010115492019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.116 OF 2020
MR. ASHOK SAIBU GADGE
of Mumbai an adult Indian Inhabitant, aged
about 40 years, Occupation money lender,
having his office and residence address
at Room No.2, National chawl, Gauri
Shankar Nagar, Masrani Lane, Kurla West,
Mumbai – 400 070. ...Plaintiff.
V/s.
MR. KRIPASHANKAR DURGAPRASAD MISHRA
of Nalasopara East an adult, Indian Inhabitant,
aged 55 years, Occupation Service, having
his office addresss at B.M.C. Hindi Shaalaa
No.2, S. K, Marg, Dharavi, Mahim East,
Mumbai – 400 017.
and also having his residence address at Building
No.11, Room No.3, Ostwal Nagari, Nalasopara
East, Taluka Vasari District Palghar – 401209. ....Defendant.
Appearances:
Ld. Adv Shri Balbhim S. Patil for plaintiff.
None present for defendant.
Suit proceeded exparte against defendant.
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Summary Suit 116 of 2020 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 16th February, 2022.
J U D G M E N T
(Exparte)
1. The present Summary Suit filed by plaintiff for recovery of
sum of Rs.1,86,000/(Rupees One Lakh Eighty Six Thousand only)
alongwith interest on the principal amount of Rs.1,50,000/(Rupees
One Lakh Fifty Thousand only) at the rate of 18% per annum from the
date of filing of suit till its realisation.
2. The fact in brief are as follows.
The plaintiff is the Money Lender carrying out the business
of money lending under license. The defendant is serving in BMC,
Mumbai. The plaintiff advanced and lent to the defendant a sum of
Rs.1,50,000/(Rupees One Lakh Fifty Thousand only) on 02.07.2018 in
cash. To that defendant executed demand promissory note in favour of
plaintiff dated to 02.07.2018. The defendant promised to pay the
principal amount with interest at the rate 18% per annum. But he failed
to repay the amount. Inspite of repeated request and demand by the
plaintiff defendant failed and neglected to pay the same. The plaintiff
issued demands and reminders however, the defendant dishonoured
promissory note. The plaintiff therefore, filed the present Suit. The
Plaintiff prayed for a sum of Rs.1,86,000/ with further interest on
Rs.1,50,000/(Rupees One Lakh 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.
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Summary Suit 116 of 2020 .. J/3 .. Ex-parte Judgment
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.
4. To substantiate the claim, the plaintiff filed his Evidence
affidavit vide Ex.03 and reproduced the contents of his Plaint. The
plaintiff relied upon the original document which are filed vide Ex.06
and 07.
5. Heard the Learned advocate for plaintiff. The perusal of
document Ex.06 the promissory note shows that the defendant obtained
the amount and executed promissory note of Rs.1,50,000/ in favour of
plaintiff. The plaintiff further filed the legal demand notice dated
30.09.2019, vide Ex.07. The legal notice was duly served to the
defendant.
6. After going through the documents its seems that the
defendant obtained the loan of Rs.1,50,000/ in cash, against it
executed demand promissory note of Rs.1,50,000/ (Rupees One Lakh
Fifty Thousand only) in favour of plaintiff. In spite of repeated request
and demand defendant failed to repay the amount. He also agreed to
pay the interest at the rate of Rs.18%. Even after, he was issued legal
Notice, he failed to repay the same. The defendant inspite of receipt of
legal notice and writ of summons, had choosen to remain absent. The
defendant has failed to challenge the evidence filed in the Court. The
evidence of the plaintiff has gone unchallenged. The defendant is
therefore liable to pay the amount to the plaintiff.
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Summary Suit 116 of 2020 .. J/4 .. Ex-parte Judgment
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. 116 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.1,86,000/(Rupees One
Lakh Eighty Six Thousand only) to the plaintiff with interest on
the principal amount of Rs.1,50,000/ (Rupees One Lakh Fifty
Thousand only) at the rate of 9 percent p.a. 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.: 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)
Civil Court, Gr. MUMBAI
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Summary Suit 116 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.02.2022 at 5:38 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 16.02.2022
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