Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum.Suit No.1269/19
MHCC010127142019
Presented on : 05-12-2019
Registered on : 16-12-2019
Decided on : 20-02-2021
Duration :1 Yrs.2 Mths.15 Ds
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1269 of 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
Gangaram Janu Pawar
Age: 40 years, Indian Inhabitant
carrying on business at Room No. 23/235,
Balchand Shindhi Chawl, Jayshankar
Chowk, Halav Pul Road, Kurla West,
Mumbai 400070. ...Plaintiff
VERSUS
Syed Ahmed Ibarat Khan
adult working for gain with BMC Office,
Garage Building, Desgn: JCB Operator, E.C.
No. 3583997, Pant Nagar, Ghatkopar (E),
Mumbai 400 075 and residing at
Daruwala Chawl, Near Roshan High School,
Near Suleman Masjid, Kurla West,
Mumbai 400 070. ...Defendant
Appearances:-
Advocate Shri. Rajesh M. Patil for the plaintiff
Ex-parte against the Defendant.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 20th February, 2021
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J U D G M E N T
1. This is Summary Suit for recovery of amount of
Rs.2,99,000/- (Rupees Two Lakhs Ninety Nine Thousand Only) with
pendente lite and future 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
14.09.2018 in favour of the plaintiff. By same promissory note the
defendant promised to pay the amount of Rs.2,50,000/- with
interest at the rate of 18% p.a.. However, the defendant neglected
to pay the said amount. Despite service of legal notice of demand
dated 10.09.2019, the defendant failed to pay the said amount. At
the institution of the suit, the amount due and payable by the
defendant was Rs.2,99,000/-. 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:-
Sr.No. POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount as prayed ?
Affirmative
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2. At what rate of pendente lite and future
interest ?
12% p.a.
3. What order & decree? As per final order
R E A S O N S
AS TO POINTS NO.1 to 3 :-
5. The plaintiff filed his Claim Affidavit at Exh.7 and also
produced documents with list Exh.8. The Affidavit and the
document as promissory note dtd.14.09.2018 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 service of legal notice
dtd.10.09.2019, 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 as prayed. So far as pendente
lite and future interest is concerned, considering the facts and
circumstances, it is just and proper to grant the same 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 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.
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2. The Defendant shall pay to the plaintiff amount of
Rs.2,99,000/- (Rupees Two Lakhs Ninety Nine 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.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 20.02.2021 City Civil Court, Mumbai
Dictated on : 20.02.2021
Transcribed on : 20.02.2021
Signed on : 23.02.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 23.02.2021 11.00 a.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
20.02.2021
JUDGMENT /ORDER signed by P.O. on 23.02.2021
JUDGMENT /ORDER uploaded on 23.02.2021
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