Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Sum.S.No.12802019 Exh
Lodged on : 22/11/2019
Decided on : 29/06/2022
Duration on: 02Ys.07Ms.07Ds.
MHCC010120082019
IN THE CITY CIVIL COURT AT BOMBAY
Summary Suit No.1280 of 2019
Manohar Khandu Kalbhor
age 45 years, Carrying on
business at Patra Chawl,
Near Gujrathi School, Subhash
Nagar, New Mill Road, Kurla(W),
Mumbai400 070 .. Plaintiff
Vs.
Yogesh Ashok Ingle, adult working
for gain with Naval Dockyard, Centre
No.65MYU, Ticket No.15643N, Unit
Code 111110, Lion Gate, Colaba,
Mumbai 400 023 and residing at
Room No.604, Krishna Estate, Dandre
Pada Road,Kulgaon, Badlapur (E),
Thane 421 503 ..Defendant
Appearance:
Ld.Counsel Rajesh M.Patil for plaintiff.
None for defendant.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 29th June, 2022 C.R.NO.15
EXPARTE JUDGMENT
This is Summary Suit for recovery of amount under
dishonoured demand promissory note.
-- 1 of 3 --
2
The facts in brief are as follows.
2. On 28/06/2018 the plaintiff had advanced which was to
be repaid with interest at the rate of 18% p.a. The defendant
had executed demand promissory note and promised to repay
the amount. When plaintiff demanded the amount and
presented the promissory note, the defendant failed to repay the
amount and dishonoured demand promissory note. Hence, this
suit is filed for recovery of amount of Rs.2,95,000/ with
interest.
3. Summons were served upon the defendant. As per the
order dtd.16/02/2022 the suit was ordered to proceed exparte
against defendant. The plaintiff is relying upon affidavit of
evidence, demand promissory note Exh7 and notice of demand
Exh8.
4. As the suit is proceeded exparte, the averments in the suit
and evidence has gone unchallenged. Ongoing through the
unchallenged evidence it precipitates that plaintiff is holding
money lending license and advance sum of Rs.2,50,000/ which
was to be repaid with interest at the rate of 18% p.a. and despite
the demand notice the plaintiff did not pay an amount and
dishonoured the promissory note. As the matter is proceeded
exparte there is no impediment is relying upon the oral
testimony of plaintiff and documents on record. The demand
promissory note was agreed to be paid with interest at the rate
of 18% p.a. As the plaintiff is entitled to recover the said amount
with interest till date of suit and further interest @ 9% p.a. from
date of suit till realization. Hence, following order is passed.
-- 2 of 3 --
3
ORDER
1. Suit is decreed with costs.
2. The defendant shall pay an amount of Rs.2,50,000/ to
the plaintiff with interest at the rate of 9% p.a.from
24/8/2019 till realization of the amount.
3. Decree be drawn up accordingly.
Date : 29/06/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 29/06/2022
Transcribed on : 30/06/2022
HHJ Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/06/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
29/06/2022
JUDGMENT/ORDER signed by P.O.
on
30/06/2022
JUDGMENT/ORDER uploaded on 30/06/2022
-- 3 of 3 --