Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010119212019
Presented on 21-11-2019
Registered on 03-12-2019
Decided on 05-05-2022
Duration Yrs. M. Days
02 05 14
CNR No. MHCC010119212019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1202 OF 2019
PREMCHAND GULABCHANDJI
Age 77 years of Mumbai, an adult Indian
Inhabitant, carrying on business of Money
Lending at and from 46, Modi Street, Ground
Floor, Fort, Mumbai – 400 001. ...Plaintiff.
V/s.
1. VISHNU S. PRASAD
age not known, of Mumbai an adult, Indian
inhabitant working for gain Central Railway,
SM Office, Sub Lobby Guard Kalyan. Thane
and residing at Mangal Raghav Nagar,
Tisgaon Road, Kalyan (East), Thane.
2. DHARMARAJ SURESH BHANGE
age not known, of Mumbai an adult Indian
inhabitant working for gain Central Railway,
SM Office, Sub Lobby Guard Kalyan. Thane
and residing at Post, Asangaon, Shivaji
Nagar, Near Rama Chande Complex Tal.
Shahpur Dist. Thane. ....Defendants.
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Appearances:
Ld. Adv Mr. Ramesh Jain for plaintiff.
None for defendants.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 5th MAY, 2022.
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.2,22,273.97/ (Rupees Two Lacs Twenty Two Thousand
Two Hundred Seventy Three and Ninety Seven 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 1.25% per month i.e 15% 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 defendants are working in Central Railway, SM Office, Sub Lobby
Guard Kalyan, Thane. The defendants executed Demand Promissory
Note of Rs.2,00,000/ (Rupees Two Lacs only) on 29.12.2018. The
defendants promised to pay the principal amount with interest at the
rate of 15% per annum. But they failed to repay the amount. The
Defendants, failed and neglected to pay the said sum and dishonoured
the promissory note. The plaintiff issued legal notice dated 07.05.2019.
The plaintiff therefore filed the present suit. The plaintiff prayed for a
sum of Rs.2,22,273.97/ (Rupees Two Lacs Twenty Two Thousand Two
Hundred Seventy Three and Ninety Seven Paise Only) and calculated
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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 15%
p.a. and prayed to decree the suit.
3. The defendants were duly served with writ of summon.
They remain absent and therefore, the suit was proceeded exparte as
per order dated 22.10.2021.
4. Heard the arguments advanced by the Learned Advocate
for plaintiff. The plaintiff filed his claim affidavit vide Exh.3. The
plaintiff filed the documents as per the list of documents vide Exh.4.
Plaintiff filed demand promissory Note dated 29.12.2018 Exh.5,
Plaintiffs Advocate's letter dated 07.05.2019 Exh.6, Money lender
license Article A, Forms under Bombay Money lending Act Article B,
Books of Accounts Article C.
5. After going through the documents and argument of the
Learned advocate for plaintiff, the perusal of document Ex.05 shows
that the Demand Promissory Note was accepted by defendants in favour
of plaintiff and on demand defendants 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 15%. 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 defendants failed to repay the
same, even after, they were issued legal notice. However, the
defendants failed to reply the same. The defendants neither appeared
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nor filed their evidence. Therefore, the plaintiff is entitled for the due
amount of Rs.2,22,273.97/ 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 15% 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. 1202 of 2019 is decreed with costs.
2. Defendant Nos.1 and 2 shall jointly and severally pay amount of
Rs.2,22,273.97/ (Rupees Two Lacs Twenty Two Thousand Two
Hundred Seventy Three and Ninety Seven 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.: 05052022 City Civil Court, Gr. MUMBAI
Direct Typed on : 05052022
checked on : 05052022
Signed on : 12052022
( 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”
19.05.2022 at 11.50 a.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
05.05.2022
Judgment/order signed by P.O. on 12.05.2022
Judgment/order uploaded on 19.05.2022
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