Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010120262019
Presented on 22-11-2019
Registered on 17-12-2019
Decided on 08/11/21
Duration Yrs. M. Days
01 11 16
CNR No. MHCC010120262019
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1283 OF 2019
Manohar Khandu Kalbhor,
Age 45 years, Indian Inhabitant,
Carrying on business at Patra Chawl,
Near Gujrathi School, Subhash Nagar,
New Mill Road, Kurla (West),
Mumbai – 400 070. ...Plaintiff.
V/s.
Rais Ahmed Mohd. Hanif,
Adult, working for gain with Municipal Office,
Abattoir, Dept. GMDA,
E.C. No.3748275; P.C. No.6255, Devnar,
Govandi Mumbai – 400 043, B/20,
Sindhudurga CHS, Devnar MunicipalColony,
Plot No.8, Shivaji Nagar, Govandi (W),
Mumbai – 400 438. ....Defendant.
M
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Suit 1283 of 2019 .. J/2 .. Judgment
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 8th November, 2021
J U D G M E N T
(Ex-parte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,95,000/- (Rs. Two Lakh Ninety Five Thousand only)
with further interest on the principal amount of Rs.2,50,000/- (Rs. Two
Lakhs 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 02.05.2018 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 orally 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 Ex-parte against the defendant as per order
dated 20.02.2020.
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Suit 1283 of 2019 .. J/3 .. Judgment
4. Heard the Learned Advocate for plaintiff. Plaintiff filed
claim Affidavit Exh.3 alongwith compilation of documents vide Exh.4.
Plaintiff filed the Original promisory note and Notice of demand vide
Exh.5 and 6 respectively.
5. After going through the documents raised 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 promisory note shows that the promisory
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 cross-examine 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. 1283 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs. 2,95,000/-(Rs. Two Lakh
Ninety Five Thousand only) to the plaintiff with interest on the
principal amount of Rs.2,50,000/- (Rs. Two 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.
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Suit 1283 of 2019 .. J/4 .. Judgment
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.: 08-11-2021 City Civil Court, Gr. MUMBAI
Dictated on : 08-11-2021
Transcribed on : 29-11-2021
checked on : 29-11-2021
Signed on : 29-11-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Suit 1283 of 2019 .. J/5 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.11.2021 at 05.56 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
08.11.2021
Judgment/order signed by P.O. on 29.11.2021
Judgment/order uploaded on 29.11.2021
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