Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010119172019
Presented on : 21.11.2019
Registered on : 03.12.2019
Decided on : 25.08.2022
Duration : 02-Y: 09-M: 04-D
EXHIBIT-05
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 1201 OF 2019
Mr. Ritesh Narsingh Kharatmol
of Mumbai an adult Indian, inhabitant
aged about, 33 Years, Occ. Money
Lender, having his Officer and
residence address at L.G./96/05/10,
Indra Nagar, Sundar Baug, Behind
Hanuman Mandi, Kamani Kurla,
Mumbai-400 070.
(MobileNo.9768824088/9221805028)
...Plaintiff
Versus
Mr. Rahul Hiraji Jadhav of Mumbai an
adult Indain Inhabitant, Aged about
44 years, Occupation: Service, Having
his residence aaddress at 20/A/105,
Best Vasahat, Chandivali Mahada
Mumbai-400 072. And also having his
office address at Brihanmumbai
Vidhutpurvan and Parivahan
Upkrama, Best Bhavan, Employee
Code No.411516, Pay slip No.560-02,
Designation: Navhgani, Department:
-- 1 of 6 --
2
Employee Welfare Vibhag, Best Marg,
Colaba Mumbai-400 001.
...Defendant
Appearance :
Ld. Advocate Mr. Balbheem Patil for plaintiff.
None for defendant (
Exparte).
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 25/08/2022
Judgment
This is the Summary suit filed under Rule 2 of Order XXXVII
of Code of Civil Procedure, 1908 (“CPC” for short) for recovery of
principal amount of Rs.2,00,000/- along with interest thereon at the
rate of 18% per annum till its realization.
PLAINTIFF’S CASE
2. Plaintiff is a licensed Money Lender. He had lent sum of
Rs.2,00,000/- to the defendant on 08.11.2018 in cash with an interest
at the rate of 18% p.a. Defendant had issued demand promissory note
in favour of the plaintiff on the same day. Plaintiff demanded
repayment of the said amount but defendant neglected and failed to
pay the same. Therefore, plaintiff issued demand notice through his
advocate on 26.10.2019. As the defendant did not pay the amount due
under the promissory note, plaintiff has filed the present suit.
3. Defendant was duly served with writ of summons on
17.12.2019. However, he did not appear before this Court and as such
suit proceeded
ex-parte against him.
-- 2 of 6 --
3
4. In support of claim, plaintiff filed his affidavit of claim at
Exhibit-3 and reiterated his claim of recovery of Rs.2,00,000/- along
with interest at the rate of 18% p.a. Plaintiff has filed and relied upon
following documents.
Sr.
No.
Exhibit
No. Particulars
1 Exh.4/1 Original dishonoured demand promissory note dated
08th November, 2018 for Rs.2,00,000/-.
2 Exh.4/2 Demand notice dated 26th October, 2019, along with
two Postal receipts.
3 Exh.4/3
colly.
Copy of money lending licence of the plaintiff pertaining
loan period.
5. So as to decide the present suit following points arise for my
consideration. I have recorded my findings along with reasons on the
said point as under :-
Sr. No. Points/Issues Findings
1. Whether plaintiff is entitled to
recover principal amount of
Rs.2,00,000/- from defendant?
If yes, at what rate interest?
Plaintiff is entitled to
recover an amount of
Rs. 2,00,000/- from the
defendant along with
interest @ 9% p.a. from
date of filing of the suit
till realization.
2. What order and decree? Suit is decreed as per
final order.
REASONS
AS TO POINT NO. 1
6. This being a suit for recovery of an amount, it is imperative to
examine whether the plaintiff has placed on record the requisite
-- 3 of 6 --
4
evidence to prove its entitlement.
7. Plaintiff has filed his claim affidavit in support of his
contentions of receipt of promissory note for consideration of
Rs.2,00,000/-. His oral testimony is supported by the original
promissory note dated 08.11.2018. Plaintiff enjoys presumption under
Section 118(a) of Negotiable Instruments Act, 1881, which supports the
contention of plaintiff that the present promissory note was issued for
the valuable consideration of Rs.2,00,000/-.
8. As noted above, plaintiff has filed demand promissory note
dated 08.11.2018 which reveals that the plaintiff has lend money of
Rs.2,00,000/- to the defendant on interest at the rate of 18% p.a. The
said demand note bears signature of defendant along with his thumb
impression with endorsement ‘received in cash’. The address mentioned
on the demand note and the address mentioned in the recovery notice
placed on record by the plaintiff at Exhibit-4/2 is the same. The
summons in the present matter was duly served on the same address.
The notice was sent on his home address as well as his office address.
Thus, fact of lending amount as claimed by the plaintiff in this claim
affidavit is supported by the documents placed on record. As there is no
contra evidence on record, the said fact goes unchallenged. Hence, I
hold that the plaintiff had lent amount of Rs.2,00,000/- as claimed by
him.
9. The defendant has not appeared in the matter in spite of the
receipt of summons from this Court. Which gives an inference that
defendant has nothing to contest and he do not dispute the claim of the
plaintiff. Plaintiff, on oath, claims that amount lend by him to defendant
is not repaid by defendant. This evidence has gone unchallenged.
Hence, I hold an amount of Rs.2,00,000/- is due and payable to the
-- 4 of 6 --
5
plaintiff from the defendant. Hence, I answer point no.1 in affirmative.
10. So far as claim of interest is concerned, plaintiff has claimed
interest at the rate of 18 % p.a. Same is excessive as compared to rate of
interest of nationalized banks. Therefore, I find it just and proper to
grant interest at the rate of 9% p.a. from the date of filing of the suit till
its realization.
AS TO POINT NO.2.
11. From the findings recorded to the point No.1, it is clear that
plaintiff is entitled to recover an amount of Rs.2,00,000/- from the
defendant along with interest at the rate of 09% p.a. Hence, in answer
to point No. 2, I proceed to pass following order.
ORDER
1) Summary Suit No. 1201 of 2019 is hereby partly decreed with
costs.
2) Defendant do pay an amount of Rs.2,00,000/-(Rupees Two
Lakhs Only) to the plaintiff along with interest at the rate of
09% p.a. from the date of filing of suit till its realization.
3) Court fees be refunded as per rules.
4) Decree be drawn up accordingly.
Date- 25/08/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
-- 5 of 6 --
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/08/2022 Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
25/08/2022
JUDGMENT/ORDER signed by P. O. on 30/08/2022
JUDGMENT/ORDER uploaded on 30/08/2022
-- 6 of 6 --