Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010120052019
Presented on 22-11-2019
Registered on 17-12-2019
Decided on 04-03-2022
Duration Years Months Days
02 03 12
CNR No. MHCC010120052019
EXH.08
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1293 OF 2019
MANOHAR KHANDU KALBHOR,
Indian Inhabitant, carrying on business at
Patra Chawl, Near Gujrathi School, Subhash
Nagar, New Mill Road, Kurla (W),
Mumbai – 400 070. ...Plaintiff.
V/s.
GANESH KESHAV PATIL
adult, working for gain with Rastriya
Chemical & Fertilizers Ltd; Department Civil
Factory, Emp. Id.103321, DesignationSr.
Plaint Attendant, Mahul Road, Chembur,
Mumbai – 400 074.
and residing at G/3, Room No. 18, Prakash
Patil House, Vashigaon, R. C. Marg, Chembur,
Mumbai – 400074. ....Defendant.
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
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Summary Suit 1293 of 2019 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 04th March, 2022
J U D G M E N T
(Exparte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,95,000/(Rupees Two Lacs Ninety Five Thousand
only) with further interest on the principal amount of Rs.2,50,000/
(Rupees Two Lacs Fifty Thousand only) at the rate of 18% per annum
from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff lent and advanced to the defendant the sum of
Rs.2,50,000/ on 02.06.2018 in cash with interest at the rate of 18%
per annum. The defendant executed demand promisory note in favour
of plaintiff. The defendant failed to repay the same. The plaintiff on
several occasions demanded the repayment of said amount, but the
defendant failed and neglected to pay the same. The plaintiff issued
legal notices but the defendant failed to repay the demand. Hence, the
present suit. The plaintiff prayed to decree the suit.
3. The defendant was duly served but, he failed to appear
hence, suit was proceeded Exparte against the defendant as per order
dated 18.11.2021.
4. Heard the Learned Advocate for plaintiff. Plaintiff filed
Claim Affidavit Exh.3 alongwith Compilation of Documents vide Exh.4.
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Summary Suit 1293 of 2019 .. J/3 .. Ex-parte Judgment
Plaintiff filed the Original promisory note and Notice of demand vide
Exh.5 and 6.
6. After going through the documents filed by the plaintiff, it
seems that the defendant had taken the amount and agreed to repay the
same on demand alongwith interest. The defendant however, failed to
repay the same. The original promissory note shows that the promissory
note was executed by the defendant. The defendant failed to appear
and challenge the oral and documentary evidence of plaintiff. The
defendant also failed to crossexamine the plaintiff. Therefore, the
evidence of plaintiff has gone unchallenged. The plaintiff on oath
stated about the money lent to the defendant. The documents filed by
the plaintiff had also gone unchallenged. It therefore seems that the
defendant is liable to pay the principal amount and the interest accrued
upon it. The plaintiff calculated the amount of Rs.2,95,000/ till the
date of filing of the suit. Considering the nature of transaction it would
not be appropriate to grant further interest at the rate of 18% per
annum. However, the interest at the rate of 9% per annum would meet
the ends of Justice. Hence, I, proceed to pass the following order:
ORDER
1. The Summary Suit no. 1293 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,95,000/(Rupees Two
Lacs Ninety Five Thousand only) to the plaintiff with interest on
the principal amount of Rs. 2,50,000/ (Rupees Two Lacs 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.
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Summary Suit 1293 of 2019 .. J/4 .. Ex-parte Judgment
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.: 04032022 City Civil Court, Gr. MUMBAI
Direct Typed on : 04032022
checked on : 04032022
Signed on : 04032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summary Suit 1293 of 2019 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.03.2022 at 05.10 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
04.03.2022
Judgment/order signed by P.O. on 04.03.2022
Judgment/order uploaded on 04.03.2022
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