Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Exh. 9 1 Sum. Suit 1258/19
MHCC010123402019
Presented on : 28-11-2019
Registered on : 16-12-2019
Decided on : 03-03-2021
Duration : 1 years, 3 months, 5 days
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1258 OF 2019
Mrs. Radhabai Sandeep Gadge
of Mumbai an adult Indian
Inhabitant aged about 26 years,
Occupation Money Lender, having
her office and residence address at
Room No.3, Nobel Co-op. Housing
Society Ltd. Halav Pool Road, Kurla
West, Mumbai - 400 070.
(Mobile NO. 9987103101 and
9987379534)Through her duly
constituted attorney Mr. Sandeep
Saibu Gadge, of Mumbai an adult
Indian Inhabitant aged about 27 years
Occupation : Service having his
residence address at Room No.3, Nobel
Co-op. Housing Society Ltd. Halav Pool
Road, Kurla West, Mumbai - 400 070. ...Plaintiff
V/s.
Mr. Sudhakar Sitaram Kasare,
of Mumbai an adult, Indian Inhabitant,
Aged about 57 years, Occupation :
Service having his office address at
Mantralaya Square Meal and Canteen,
Employee Name (CABSSKM6602)
Design : Bill Accountant, Mantralaya
Mumbai -32. Link- B-121/5,
Government Colony, Bandra East
Mumbai - 400 051. ….Defendant
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Judgment Exh. 9 2 Sum. Suit 1258/19
Appearances:-
Advocate Mr. Balbheem Patil for the Plaintiff.
Defendant Ex-parte.
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R. NO. 28)
DATE : 3rd MARCH, 2021
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.2,07,100/-
(Rupees Two Lakhs Seven Thousand Hundred Only) with pendente lite
and future interest at the rate of 18% p.a..
2. According to the plaintiff, in consideration of Rs.1,90,000/-
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 17.05.2019 in favour of the
plaintiff. By same promissory note the defendant promised to pay to the
plaintiff said amount of Rs.1,90,000/- with interest at the rate of 18%
p.a.. However, the defendant failed to pay the said amount to the
plaintiff inspite of demands. Despite legal notice of demand dated
01.10.2019, the defendant failed to pay the said amount. At the
institution of the suit the amount payable by the defendant was
Rs.2,07,100/-. Therefore, the plaintiff claimed decree for recovery of
said amount with pendente lite and future 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
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Judgment Exh. 9 3 Sum. Suit 1258/19
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.
3. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 to 3:-
5. The plaintiff filed his Evidence Affidavit of Power of
Attorney PW Sandip at Exh.6 and also produced documents with list
Exh.7. The testimony of PW Sandip speaks that the entire transaction
took place in his presence and therefore he is able to depose. The
testimony of PW sandip and the documents as Demand promissory note
reveal that the in consideration of loan of Rs.1,90,000/- given by the
plaintiff to the defendant, the defendant executed demand promissory
note of same amount payable with interest at the rate of 18% p.a..
Despite legal notice dtd.01.10.2019, the defendant failed to pay the
amount to the plaintiff. Thus, the Evidence 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 as prayed. Considering
overall facts and circumstance it is just and proper to grant pendente
lite and future interest at the rate of 12% p.a.. Hence, point No.1 is
answered in the Affirmative and point No.2 is answered as 12% p.a.. In
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Judgment Exh. 9 4 Sum. Suit 1258/19
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.2,07,100/-
(Rupees Two Lakhs Seven Thousand Hundred Only) with simple
interest at the rate of 12% p.a. from the date of suit till realization of
the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-hoc Judge,
City Civil Court, Mumbai
Date: 03.03.2021
Dictated on : 03.03.2021
Transcribed on : 03.03.2021
Date of sign : 04.03.2021
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Judgment Exh. 9 5 Sum. Suit 1258/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 04.03.2021 5.10 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
03.03.2021
JUDGMENT /ORDER signed by P.O. on 04.03.2021
JUDGMENT /ORDER uploaded on 04.03.2021
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