Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Exh.9 1 Sum.Suit 1294/2019
MHCC010120062019
Presented on : 22-11-2019
Registered on : 17-12-2019
Decided on : 08-03-2021
Duration : 1 years, 3 months, 16 days
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO1294 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
Manohar Khandu Kalbhor,
age 45 years, Indian inhabitant
carrying on business at Patra Chawl
Near Gujrathi School, Subhash Nagar,
New Mill Road, Kurla (W),
Mumbai 400 070 … Plaintiff
VERSUS
Manoj Dattarm Shinde,
adult, working for gain with
Shatabdi Municipal Hospital,
EMP CD- 3805181 Dept.GH Givandi,
P.S. NO.6281, WamanT. Patil Road,
Govandi, Mumbai 400 088 and
residing at D-16, Room No. 4, Municipal
Colony,Khardev Nagar, (Ghatla),
Chembur, Mumbai 400 071 ….Defendant
Appearances:-
Advocates Mr. Rajesh M. Patil for the Plaintiff.
Defendant Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 08th MARCH 2021
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Judgment Exh.9 2 Sum.Suit 1294/2019
J U D G M E N T
1. This is Summary Suit for recovery of amount of
Rs.2,95,000/- (Rupees Two lakh Ninety Five thousand Only) with
interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.2,50,000/-
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 02.05.2018 in favour of the
plaintiff. By same promissory note the defendant promised to pay
interest at the rate of 18% p.a. on the said sum of Rs.2,50,000/-.
However, the defendant neglected to pay the said amount. Despite
service of legal notice of demand dated 24.08.2019, the defendant
failed to pay the said amount. At the institution of the suit, the amount
due and payable by the defendant was Rs.2,95,000/-. Therefore, the
plaintiff claimed decree for recovery of said amount with the interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded ex-parte against the Defendant.
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:-
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount as prayed?
Affirmative.
2. At what rate of pendente lite and
future interest ?
12% p.a.
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Judgment Exh.9 3 Sum.Suit 1294/2019
3. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 to 3 :-
5. The plaintiff filed his Claim Affidavit at Exh.6 and also produced
documents with list Exh.7. The Affidavit and the document as
promissory note dtd.02.05.2018 reveal that the defendant executed said
promissory note for Rs.2,50,000/- in favour of the plaintiff and also
promised to pay interest at the rate of 18% p.a.. Copy of license in Form
No.3 shows that the plaintiff is licensed Money Lender. Despite legal
notice dtd.24.08.2019, the defendant failed to pay the amount to the
plaintiff. Thus, the Claim Affidavit, documents on record and the
circumstance that defendant failed to appear and contest/challenge the
suit, proved the case of the plaintiff. Therefore, the plaintiff is entitled
to recovery of the amount with interest as prayed. Considering overall
facts and circumstances it is just and proper to grant interest at the rate
of 12% p.a.. Hence, point No.1 is answered in the Affirmative and
whereas point No.2 is answered as 12% p.a.. In view of Para-499 of
Civil Manual court fees has to be refunded to the plaintiff, this being
summary suit where the defendant did not appear. In answer to point
No.3 order as follows is passed:-
ORDER
1. The suit is ex-parte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.2,95,000/-
(Rupees Two lakh Ninety Five thousand Only) with simple interest at
the rate of 12% p.a. on principal amount of Rs.2,50,000/- from the date
of suit till realization of the amount.
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Judgment Exh.9 4 Sum.Suit 1294/2019
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-hoc Judge,
Date: 08/03/2021 City Civil Court, Gr. Mumbai
Dictated on : 08.03.2021
Transcribed on : 09.03.2021
Date of sign : 11.03.2021
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Judgment Exh.9 5 Sum.Suit 1294/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 11.03.2021 4.35 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
08.03.2021
JUDGMENT /ORDER signed by P.O. on 11.03.2021
JUDGMENT /ORDER uploaded on 11.03.2021
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